What is an American Indian?  American Indians are the original inhabitants of the Americas; north, central and south.  The people that were indigenous to this continent for thousands of years before the arrival of Christopher Columbus from Spain in 1492.  At the time of arrival of the Europeans; Spanish, Dutch, French, Native Americans considered all of the Americas their homeland.  Since Native people had no concept of land ownership or private property, all land was for the use of all people just as the water and the air.  Tribes of Native people had specific territory where their people lived, hunted, fished, gathered food and raised their families.  Other tribes were free to come into another tribes territory to hunt and fish, with permission, if game was scarce in their territory. 

What is an Indian Tribe or Nation?  An Indian tribe or nation is a body of people who view themselves as being alike, united by blood with the same common ancestors.  Indian tribes are socially and politically organized people who recognize their tribal council as their governing body.  An Indian tribe is made up of people who spoke the same indigenous language and lived in the same territory.  Tribes commonly conduct a shared spirituality with rituals and ceremonies that reinforce their spiritual beliefs.  Indian tribes also share the same history of their people.  The stories, myths, and legends reflect their shared values and norms normally associated with an Indian Tribe.

What is meant by a Federally Recognized Tribe? A tribe has been awarded the status of federal recognition by the United States president or the United States Congress.  Tribes applying for this status go through a long drawn out process today of proving they are the direct descendants of the original indigenous tribe they claim to be a part of.

“Recognition” is also a legal term that means the United State recognizes a government-to-government relationship with a tribe.  Tribes exist politically in a “domestic dependent nation status” with the government of the United States.  Even though Native Americans were here for thousands of years before there was a United States or Canada, Native Americans must “prove” they existed in order to gain the status of a federally recognized tribe.  The burden of proof is on the tribe.  Early writings by Christian missionaries, traders, and explorers are documented as well as a paper trail of treaties, congressional record, accounts by Indian agents, etc. that prove these tribes actually existed.

Status as a sovereign entity carries with it significant privileges, including exemptions from state and local jurisdiction. These exemptions generally apply to lands that the federal government has taken into trust for a tribe or its members. Additionally, federally recognized tribes are eligible to participate in federal assistance programs. Through these programs, tribal governments may receive funds that they can then use to provide community services, such as health clinics. Historically, tribes have been granted recognition through treaties, by the Congress, or through administrative decisions within the executive branch. In 1978, the Bureau of Indian Affairs established a regulatory process for recognizing tribes. The current process for federal recognition, found in 25 C.F.R. 83, is a rigorous process requiring the petitioning tribe to satisfy seven mandatory criteria, including historical and continuous American Indian identity in a distinct community. Each of the criteria demands exceptional anthropological, historical, and genealogical research and presentation of evidence. The vast majority of petitioners do not meet these strict standards, and far more petitions have been denied than accepted. In fact, only about 8 percent of the total number of recognized tribes have been individually recognized since 1960.

What is a Non-Federally recognized Indian Tribe? There are many tribes throughout the United States that have not gain status of federal recognition.  Some of these tribes are state recognized.  Reason why these tribes have not gained status:

·         Eastern Indian Tribes (1650-1800) were first to come in contact with the white man; they were enslaved, tortured, killed, pushed off their land, and the US did not have notion of treaties until the 1776 treaties established federal recognition for many tribes.

·         Tribes that were not moved (forced relocation from their traditional homeland) were not counted (no census such as Dawes Rolls of Cherokee, Choctaw, Chickasaw, Seminole, Creek or Olive Rolls of the Wyandot).  If there was no removal, there was no census, so not tribal recognition was given by the US government.

·         Tribes that fought no wars with the United States have the greatest difficulty if they wish federal recognition.  Warfare generally established treaties, so warring tribes have a paper trail that establishes their existence as a tribe. 

·         Some tribes do not want recognition and do not apply for federal recognition status.  Tribes have seen the problems and the conflict as a result of dealing with the US government and its bureaucracy in the Department.

·         Some tribes have applied for federal status and it has been denied by the federal government.  Reasons for denial include:

o   Improper documentation, not enough paper.

o   Poorly written proposal.

o   Writers did not follow the proper form or procedure.

o   Tribe does not have the money to hire the lawyers, anthropologists, and historians to document their existence.

o   Insufficient evidence to be designated an Indian Tribe. 

o   Interested parties can file suite to prevent a tribe from getting federal recognition. 

o   Fractured tribes as a result of forced removal in the 1800s.  Tribes were removed to Indian territory, part of the tribe may have been removed and part might have remained.

Tribal Enrollment

What is the purpose of tribal enrollment?

Tribal enrollment requirements preserve the unique character and traditions of each tribe. The tribes establish membership criteria based on shared customs, traditions, language and tribal blood.

What are tribal membership requirements?

Tribal enrollment criteria are set forth in tribal constitutions, articles of incorporation or ordinances. The criterion varies from tribe to tribe, so uniform membership requirements do not exist.

Two common requirements for membership are lineal decendency from someone named on the tribe's base roll or relationship to a tribal member who descended from someone named on the base roll. (A "base roll" is the original list of members as designated in a tribal constitution or other document specifying enrollment criteria.) Other conditions such as tribal blood quantum, tribal residency, or continued contact with the tribe are common.

How do I apply for enrollment in a tribe?

After you have completed your genealogical research, documented your ancestry, and determined the tribe with which your ancestor was affiliated, you are ready to contact the tribe directly to obtain the criteria for membership.

Each tribe maintains it's own enrollment records and records about past members. To obtain information about your eligibility for membership, you must contact the tribe.

How do I Locate the Tribe I may have Indian Ancestry from?

The Tribal Leaders Directory (www.doi.gov/leaders.pdf) published by the U.S. Bureau of Indian Affairs lists all 562 federally recognized American Indian Tribes and Alaska Natives in a PDF document.