Federally recognized tribe
| Federally recognized tribe | |
|---|---|
| |
| Category | Political divisions |
| Location | United States |
| Number | 574 |
| Government | |
| Subdivisions | |
A federally recognized tribe is a Native American tribe recognized by the United States Bureau of Indian Affairs as holding a government-to-government relationship with the US federal government. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. As the Department of the Interior explains, "federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty)...." The constitution grants to the U.S. Congress the right to interact with tribes.
In the 1831 Supreme Court of the United States case Cherokee Nation v. Georgia Chief Justice of the United States John Marshall wrote that a Native American government is a "domestic dependent nation'" whose relationship to the United States is like that of a "ward to its guardian". The case was a landmark decision which led to the United States recognizing over 574 federally recognized tribal governments and 326 Indian reservations which are legally classified as domestic dependent nations with tribal sovereignty rights. The Supreme Court held in United States v. Sandoval "that Congress may bring a community or body of people within range of this power by arbitrarily calling them an Indian tribe, but only that in respect of distinctly Indian communities the questions whether, to what extent, and for what time they shall be recognized and dealt with as dependent tribes" (at 46). Federal tribal recognition grants to tribes the right to certain benefits, and is largely administered by the Bureau of Indian Affairs (BIA).
While trying to determine which groups were eligible for federal recognition in the 1970s, government officials became aware of the need for consistent procedures. To illustrate, several federally unrecognized tribes encountered obstacles in bringing land claims; United States v. Washington (1974) was a court case that affirmed the fishing treaty rights of Washington tribes; and other tribes demanded that the U.S. government recognize aboriginal titles. All the above culminated in the Indian Self-Determination and Education Assistance Act of 1975, which legitimized tribal entities by partially restoring Native American self-determination.