Pamunkey Indian Reservation, Established 1646, King William, Virginia Credit: Brandi Liberty

In March we explored the state and federal challenges faced by Louisiana’s Native American tribes in their quest for recognition. This month, we examine the federal recognition process, examining the steps involved and the significance of this status to tribal communities. Understanding this journey is crucial to tribes reclaiming their sovereignty and securing their future.

Federal recognition is a formal acknowledgment by the U.S. government of a tribe’s sovereign status, granting legal rights and access to federal assistance, impacting self-governance, cultural heritage protection, and member services. Administered by the Bureau of Indian Affairs (BIA) through the Office of Federal Acknowledgment (OFA), the process requires tribes to prove historical continuity, social cohesion, political influence, that they have a governing document, and show descent from a historical tribe, without having been previously terminated by Congress.

The process begins with submitting a letter of intent to the OFA, followed by extensive documentation. The OFA reviews the application, often requiring additional information. A proposed finding is issued, then opened for public comment, followed by a final determination. If the decision is unfavorable, tribes can appeal or seek recognition through congressional legislation.

The criteria for recognition require tribes to provide detailed historical and genealogical records, which can be difficult to gather, especially if records are scarce or incomplete. The process demands significant financial and legal resources, including historians, genealogists, and legal experts, and is influenced by political pressures and external factors, making it seem biased or unfair. Historical displacement and disruption due to colonization and federal policies also can fragment communities and disrupt governance structures, complicating the process.

Federal recognition also gains tribes access to crucial federal funding and services for healthcare, education, housing, and economic development, and grants legal standing to manage lands, resources, and exercise sovereign rights, including establishing courts and law enforcement agencies. For example, the Pamunkey Indian Tribe in Virginia, which received federal recognition in 2016 after a 35-year struggle, has been able to pursue economic development opportunities and strengthen its cultural heritage.

Some tribes seek recognition through congressional legislation, a potentially quicker path that requires substantial political support and strategic lobbying. The process begins with compiling historical, genealogical, and anthropological evidence. The tribe then engages in lobbying efforts, building relationships with key legislators and forming alliances with other tribes, organizations, and advocacy groups. With the assistance of congressional staff or legal experts, a bill is drafted outlining the tribe’s history, cultural significance, and justification for recognition. The tribe identifies a sponsor, seeks co-sponsors for broad support, and the bill is formally introduced to either the House or Senate, assigned a bill number, and referred to the appropriate committee.

The committee reviews the bill and may hold hearings where tribal stakeholders provide testimony and evidence in support of the bill. If the committee approves the bill, it moves to the floor of the House or Senate for debate. If the bill passes both chambers, it is sent to the President for signature. 

Several tribes have successfully gained federal recognition through congressional legislation. For example, the Mashpee Wampanoag Tribe was recognized in 2007 through the Mashpee Wampanoag Tribe Recognition Act after a long struggle involving both administrative and legislative efforts.

As we continue to advocate for a more accessible and equitable recognition process, it is essential to honor the perseverance of tribes and support their efforts to reclaim their heritage and secure a prosperous future for their communities.

For more of Brandi Liberty’s columns on Native American communities, click here.

Most Read Stories

Louisiana Senate slams door on reconsidering older split-jury convictions Louisiana Senate slams door on reconsidering older split-jury convictions 
10 key facts about the mighty Mississippi River, one of the nation’s most important waterways10 key facts about the mighty Mississippi River, one of the nation’s most important waterways
Daughter of woman killed in hit ordered by NOPD officer holds final memorialDaughter of woman killed in hit ordered by NOPD officer holds final memorial
Prosecutors ask appeals court to reinstate death sentence for Jimmie Duncan

Republish our articles for free, online or in print, under a Creative Commons license.

Creative Commons License

Brandi Liberty is an enrolled member of the Iowa Tribe of Kansas & Nebraska and a descendant of the United Houma Nation in Southern Louisiana. She is the owner of The Luak Group and its subsidiary...