An analysis of federal recognition

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An analysis of federal recognition

Historic judicial and legislative definitions[ edit ] Bureau of Indian Affairs seal Federal courts have not universally required membership in federally recognized tribes for a person to be classified as Indian.

The Department of Justice required that a defendant be an enrolled member of a tribe to be covered by the Major Crimes Act. Cohendiscussed the rights of a group of non-tribal Indians under the Indian Reorganization Act.

This Act defined a person as Indian based on three criteria, tribal membership, ancestral descent, or blood quantum. Cohen said of the group now known as the Lumbee Indiansrecognized by the state of North Carolina: Neither are the members of this group residents of an Indian reservation.

The results of his study were absurd, listing children as Indian while omitting their parents, and placing brothers and sisters on opposite sides of the half-blood line. Indian termination policy Elderly Klamath woman by Edward S.

Curtis, In the s and s, the federal government saw certain tribes as sufficiently capable of self-government, and thus "no longer in need of federal supervision.

Resolutions

Many tribes opposed this, and have sought restoration of recognition. Not all have received restoration and Brownell reports that the policy has "devastated" many of the groups.

The government failed to officially terminate the tribe through an act of congress, but the tribe was not included on the Federally Recognized tribes list.

An analysis of federal recognition

The Taylorsville Rancheria has been in limbo since that time and continues to struggle for their restored status as a recognized tribe. Recent shift to "political" definition[ edit ] Because continuing to determine Indian membership by racial criteria, such as blood quantum or Indian descent, would leave the government in a constitutionally indefensible position, it has attempted to change how its statutes and regulations provide for the distribution of benefits to Indians.

Native American concerns over equal protection and tribal sovereignty have led the federal government to reduce its role as arbiter of race-based eligibility standards.

This policy of allowing tribes self-determination on membership, as well as other aspects of their lives, has developed since the Nixon administration in the s. And we must make it clear that Indians can become independent of Federal control without being cut off from Federal concern and Federal support.

InouyeChairman of the Senate Select Committee on Indian Affairssaid in that, " Sovereigntythe inherent right of self-government and self-determination, is the focal point in all Indian issues.

Some of the Freedmen of the Cherokee Nation of Oklahoma used to be such members. Following the Civil War, the U. By recent referendum, the Cherokee Nation limited membership to only those people who could show descent from at least one Native American listed on the Dawes Rolls.

Legal Briefings

This excluded nearly Cherokee Freedmen, who, with their ancestors, had been participating in the tribe for generations. Litigation on this matter continues. The Indian Arts and Crafts Act of may be the only recent federal Indian legislation that was, at all stages of legislative deliberation, supported by Indians.The analysis of numerous failings by the accreditor was complete well before the decision by DeVos to restore federal recognition to ACICS.

But Liz Hill, a spokeswoman for the department, said the secretary did not have a choice other than restoring recognition. In the past, the Federal acknowledgment has come in a variety of ways. Federal recognition of the trust responsibility and status of these Native nations as sovereign governments has occurred through treaties, acts of Congress, court rulings, and administra-tive decisions.

It wasn’t until that a uniform process existed for Federal recognition. Federal Recognition The array of federal services and resources reserved for American Indians and Alaska Natives is contingent upon a tribe securing federal recognition. But the current federal acknowledgement process is badly broken, taking over 30 years to consider some applications.

Secretary Jewell and Assistant Secretary for Indian Affairs Washburn announced a reform of the process Indian tribes undergo to receive federal recognition, promoting transparency, consistency and speed.

The analysis is structured according to the different levels of recognition that the author perceived through her research. “Capital R”, or federal recognition is explored through its impact on the individual and the group, and followed by an account of current efforts towards community recognition – .

Even with another shot at restoring federal recognition, though, the long-term outlook for the Accrediting Council for Independent Colleges and Schools remains murky.

A February analysis from the Center for American Progress found that just 19 institutions accredited by ACICS had not taken any steps to be recognized by another accreditor.

Federal Recognition | NCAI