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Recognizing Non-federally Recognized Tribes
Transcript
Recognizing Non-Federally Recognized Native American Tribes
Overview of Laws
- Antiquities Act
- National Historic Preservation Act
- Archaeological Resources Protection Act
- Native American Graves and Repatriation Act
Lyng Decision
Chimney Rock in Six Rivers National Forest
Shortcomings of Current Law
- Intended to cover all persons that are "Indian" but exclude an entire group that identify as such
- Federal recognition process is arbitrary
- Politics - Federally recognized tribes refuse to work with non-federally recognized tribes
- State recognition is insufficient
- Loss of culture and tradition
Carcieri Decision
- Held: IRA only applied to federally recognized tribes in 1934
- Exemplifies the court's reluctance and discomfort with recognizing tribal sovereignty
- Led to confusion regarding how Secretary may acquire land for Native Americans, how tribes can exercise their sovereign power over their land.
- Department must examine each attempt by a tribe to exercise its sovereignty on a tribe-by-tribe basis
- More costly and time-consuming process.
John Decision
- Mississippi Choctaws lacked continuous federal recognition but the court found that though they did not possess continuous recognition, the federal government still had the power to "deal with them."
John Decision
Case Studies
- Wanapum Band of Priest Rapids
- Mashpee Wampanoag Tribe
- Received recognition in 2007
- Winnebago Tribe of Nebraska
- Klamath Tribes
- Lost recognition in 1954
- Regained in 1986 but never returned land base and forced to come up with their own economic plan
- Alcoholism, loss of identity, unemployment - third world conditions
Community Building
- Normative argument
- Recognition is only a factor, not a fix-all
- See Jarrett & Hyslop
- Two ideas of historic preservation law:
- 1) Political purpose of fostering a sense of community.
- 2) Understanding that a place can convey this sense of community, i.e., visual surroundings work a political effect on our consciousness.”
- Importance of having a land base
The Hub
- Sense of identity away from the tribe
- The very fact that this exists shows the importance of fostering such an identity
- That identity and sense of community draws members of the tribe back home - economic development
Conclusion
- All non-federally recognized tribes deserve federal recognition
- Doing so promotes community building
- Retributive system reforms still needed
- Policy problems?
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