Tribes Must Meet Tests to Gain U.S. Recognition

Native American tribes seeking formal recognition from the U.S. government are required to meet seven criteria, according to the Bureau of Indian Affairs, which makes the ultimate decision:

* History.

They must be identified as an Indian entity by people outside their group and provide supporting documentation, such as photographs and newspaper clips, as well as federal, state and local records.

“The one thing we’re not looking for,” said Holly Reckord, chief of the BIA’s Branch of Acknowledgment and Research, “is oral histories taken, say, in 1985 that discuss events in 1902 or 1802. You wouldn’t believe how many of those we’ve seen. Well, sorry, that won’t cut it. We’re looking for authentic documentation that, ideally, is written down on paper or found in records.”

* Geography.

They must provide evidence of a headquarters or community of origin, which Reckord says shows evidence of a people “who have remained together socially. We’re looking for evidence of people who have managed to maintain social as well as geographical cohesion.”

* Governance.

They must present evidence of their own political authority or autonomy, showing, in Reckord’s words, that “decisions have been made on behalf of a group of people through a specific political process that they themselves maintain and govern.” In other words, they need to establish proof of having a tribal council or an elected group that functions as a governing body.

* Law.

They must provide further, specific evidence of the written framework used by the governing body. Most groups, for instance, unveil a constitution that is truly their own and one they’ve managed to maintain through the years.

* Genealogy.

They must present evidence of having descended from historic Indian ancestry.

“We need to see if there’s a continuous track,” Reckord said.

* Free and clear title.

Applicants must not be members of an already existing federally recognized tribe, in order to prevent dual enrollment.

For instance, Jim Velasques, 68, chieftain of the Coastal Gabrielenos of Orange County, said his tribe may not be eligible for federal recognition because he recently learned that his mother and some of his ancestors were also members of the Diegueno Indians of San Diego County.

“The Dieguenos descended from the Hokan line of Indians, the Gabrielenos from the Shoshone,” Velasques said. “So we may already be members of a recognized tribe. We’re in the process of trying to determine that.”

* No outstanding disputes with the U.S. government.

They must present evidence showing that their tribe has never been terminated by an act of Congress. If so, restoration--not recognition--would be the appropriate legal course.

Source: Branch of Acknowledgment and Research, U.S. Bureau of Indian Affairs.