Issue 3: The importance of legal recognition - For students - We have a story to tell: Native peoples of the Chesapeake region

Reading questions:

Why is federal recognition important to Native American tribes?
What is it about the histories of the Powhatan, Nanticoke, and Piscataway tribes that make it difficult for them to achieve federal recognition? Consider the impact of early contact, treaties made and broken, the forced movements of peoples, wars, and racism.

Native American tribes were independent sovereign nations before the arrival of Europeans in the Western Hemisphere. Tribes interacted with one another and recognized each other’s status as nations. Upon arriving in North America, Europeans (and later, the Americans) continued to deal with the tribes as sovereign nations. Land was exchanged and peace established when treaties were made between sovereign Native nations and governments of Europe and the United States. Neither the colonists nor the Americans consistently honored treaty provisions, but the act of treaty making established the legal precedent of recognizing tribes as sovereign entities. This precedent, dating back to the early days of treaty making, has been upheld in various court decisions, legislative acts, and presidential decisions. As a result, hundreds of Native American tribes today are still recognized as sovereign entities within the United States.

Today, there are four different types of recognition that tribes may have or seek to attain:

Native Nation-to-Native Nation — Historically, tribes recognized each other’s status. They formed trade agreements, military and political alliances, and so on. Sometimes, they warred with one another. Today, tribes continue to interact with one another through various political, educational, economic, and tribal organizations, such as the National Congress of American Indians (NCAI) and the United South and Eastern Tribes (USET).
International — Many tribes, such as those of the Chesapeake region, were recognized by the governments of Europe through treaties and other interactions. Today, tribes continue to participate in the international arena. They participate in organizations such as the United Nations and the Organization of American States, and interact with the indigenous communities of other countries. In some cases, they continue to interact with the national governments of Europe, Canada, and Mexico.
State — Many tribes are legally recognized as governmental entities by the states. Often, as with Virginia tribes, this is a carryover from colonial times, when treaties were made with the original colonies, and later, recognition was assumed by the state itself. In these instances, states and tribes continue to interact with one another in matters of governance. Eight tribes are currently recognized by the state of Virginia, none by Maryland. Delaware recognizes the Nanticoke tribe.
Federal — This is legal recognition of tribes by the U.S. government. Historically, Native nations were recognized by the U.S. through treaties, which are confirmed by the U.S. Senate, and executive decisions made by the President. Today, there are more than 560 federally recognized tribes in the U.S. In addition, there are more than 275 tribes within the U.S. that are not federally recognized. Tribes may seek federal recognition through processes available in all three branches of the government—executive, legislative, and judicial. Many tribes of the Chesapeake are either currently in the process of seeking federal recognition through one of these means or are considering it.

Today, most Native nations seek to achieve federal recognition. When the U.S. recognizes a tribe, it affirms the tribe’s status as a sovereign nation and acknowledges the distinct powers that only that tribe has. Tribes consider recognition of their sovereignty very important. Recognition also obligates the U.S. to carry out a federal “trust” responsibility to the tribe. This means that the tribe is eligible for certain economic, health care, education, housing, agricultural, and cultural benefits. Acheiving federal recognition is a very difficult and rigorous process. Tribes must commit significant resources and time. None of the Chesapeake region tribes are currently recognized by the federal government. However, many of the tribes are actively pursuing the recognition they have thus far been denied.¹

Research resources:

For additional information on examples of the paths to federal recognition for tribes of the Chesapeake region, go to the National Museum of the American Indian website.

Group discussion:

As a group, brainstorm about why the federal government recognizes some tribal nations, but not others. Why would some state governments recognize tribes that the federal government does not?

Think about it: If another government refuses to recognize your government, does your government still exist? Consider contemporary international examples. What are some reasons tribal nations would or would not want to be recognized by the federal government? By state governments?