Talk:State-recognized tribes in the United States
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Lipan Apache Tribe of Texas
Texas HR 812 and SR 438 (2009) are congratulatory resolutions. As are the concurrent resolutions in 2019, HCR 171 and SCR 61. Despite using the language "recognition" and "recognize," they do not provide any further legal mechanisms or grant any privileges. They are non-binding. Similar congratulatory resolutions use the term "recognize," such as:
- HR 1339: WHEREAS, the House of Representatives of the State of Texas is pleased to recognize Martha K. Spinks...
- SR 762: WHEREAS, the Senate of the State of Texas is pleased to recognize the Texas Department of Public Safety..., etc.
In January 2021, Senator Juan Hinojosa introduced SB 274 which very explicitly sought to make the Lipan Apache Tribe of Texas a state-recognized tribe. The proposed bill's text read: "The tribe is recognized as eligible for all programs, services, authorizations, including marketing and sales authorizations, and other benefits provided to state-recognized Native American Indian Tribes by the United States, the state, or any other state because of the tribe members' status as Native Americans Indians" (SB 74) That would have been a legally binding bill; however, it died in committee in 2021. No similar bills have been introduced since .
In the McAllen Grace Brethren Church v. Jewell, Judge Jones said, "Soto is without dispute an Indian and a member and regular participant in the Lipan Apache Tribe, which, although not federally recognized, has long historical roots in Texas," (No. 13-40326, which no one would dispute; however, nowhere in the ruling is there any mention of the Lipan Apache being a state-recognized tribe. Yuchitown (talk) 05:28, 22 November 2022 (UTC)Yuchitown
- Thanks for this useful information. Doug Weller talk 15:46, 22 November 2022 (UTC)
- As we know, the history of acknowledgement for an American Indian tribe can be complicated, especially when they are not a federally recognized tribe. In some states, the state government has set a specific process for the government to acknowledge and then interact with one of their tribes. However, there are states which have not set up such a process. This does not mean that an American Indian tribe in their state does not exist, but rather that the state does not specify how they can recognize a tribe. It is left up to tribes to work with their state’s existing formal legal systems. Two organizations are often used in this wiki page to verify whether an American Indian tribe has met the general standard of being considered a "state-recognized" tribe: the directory list of the National Congress of American Indian (NCAI) and the list of state-recognized tribes by the National Conference of State Legislators (NCSL). On the latter, the Lipan Apache Tribe of Texas used to be on this NCSL list, as were many others, but several years ago, NCSL communicated that they were trimming the list to just tribes that had been acknowledged by legislative law. However, NCSL has now taken down the page that included the state-recognized tribe list; their official representation explained that the page was not intended to serve in any official capacity, nor does NCSL have the authority to make such determinations. The listing webpage will be removed until they are able to research further. NCAI—the oldest, largest, and most representative American Indian and Alaska Native organization serving the broad interest of tribal governments and communities—does have a process by which they review applications for tribal membership, a process that includes a review of the application, the tribe's type of recognition claim, and their supporting documentation by the organization’s legal team. The Lipan Apache Tribe is on this list as a state-recognized tribe under court of claims. Lwalkingwoman (talk) 19:15, 22 November 2022 (UTC)
- Neutral sources covering state-recognized and unrecognized tribes are extremely difficult to come by, and the National Conference of State Legislatures is neutral. Regarding NCSL communicated that they were trimming the list to just tribes that had been acknowledged by legislative law, as suggesting recognition only by state legislatures, that's not true. They list the Nipmuc Nation, who were recognized by Massachusetts due to Governor Dukakis's executive order. Yuchitown (talk) 04:21, 23 November 2022 (UTC)Yuchitown
- It does seem that NCSL was at one point evaluating who would be represented in their list by including and not including then including more. What was true in one moment may not have been true later. But now, they have just taken the list down and they stated that the list was never intended in any official capacity. So does the page still continue to use a reference to a page that no longer exists and the reason it does not exist is because the organization no longer supports it? In a similar question but with NCAI, would you say that they are reliable source for the list? If not, should it be removed from this wiki page? Lwalkingwoman (talk) 06:25, 23 November 2022 (UTC)
- An aside, my relatives helped found NCAI. I archived the NCSL URL that was used as a citation. What constitutes acceptable citations is outlined at Wikipedia:Citing sources. They should be reliable, secondary published sources, and ideally from a neutral point of view, which is why NCLS has been so valuable; they aren't advocating for or against any groups. The secondary is important since the overwhelming material available on the web about state-recognized groups comes directly from those groups. Yuchitown (talk) 16:55, 23 November 2022 (UTC)Yuchitown
- First, I thank you to your relatives for their service in helping to found NCAI. On the archived NCSL url, it is true that Wikipedia: Citing sources current text supports doing this. But since in this case, the reference to the NCSL page has been taken down by the organization, and thus it is a source that they do not want to share anymore. Perhaps someday they will put up a revised version, but maybe not. I will follow up with Martha Saenz of NCSL on occasion to hear updates. So, given that the source is no longer supported by the maker, should it still be used and wouldn't it be more prudent to replace it with a different source that is currently available? 2603:8081:3005:8500:DC71:EB43:5205:7E93 (talk) 04:12, 24 November 2022 (UTC)
- No one is stopping you from adding sources; the problem is your deletion of cited material and pushing a POV that isn't supported by cited material. Yes, archived sourced can be used. Yuchitown (talk) 04:30, 24 November 2022 (UTC)Yuchitown
- Respectfully, can you identify the material I posted that was not supported by cited material? 2603:8081:3005:8500:D485:6E86:D6A1:65E1 (talk) 17:15, 24 November 2022 (UTC)
- Sorry, I was logged out without noticing when I entered the above response on citing material. I agreed with you that archived an archived source could be use, but the question was should it if it is no longer intended to be shared as an accurate source by the maker? Lwalkingwoman (talk) 05:31, 24 November 2022 (UTC)
- No one is stopping you from adding sources; the problem is your deletion of cited material and pushing a POV that isn't supported by cited material. Yes, archived sourced can be used. Yuchitown (talk) 04:30, 24 November 2022 (UTC)Yuchitown
- First, I thank you to your relatives for their service in helping to found NCAI. On the archived NCSL url, it is true that Wikipedia: Citing sources current text supports doing this. But since in this case, the reference to the NCSL page has been taken down by the organization, and thus it is a source that they do not want to share anymore. Perhaps someday they will put up a revised version, but maybe not. I will follow up with Martha Saenz of NCSL on occasion to hear updates. So, given that the source is no longer supported by the maker, should it still be used and wouldn't it be more prudent to replace it with a different source that is currently available? 2603:8081:3005:8500:DC71:EB43:5205:7E93 (talk) 04:12, 24 November 2022 (UTC)
- An aside, my relatives helped found NCAI. I archived the NCSL URL that was used as a citation. What constitutes acceptable citations is outlined at Wikipedia:Citing sources. They should be reliable, secondary published sources, and ideally from a neutral point of view, which is why NCLS has been so valuable; they aren't advocating for or against any groups. The secondary is important since the overwhelming material available on the web about state-recognized groups comes directly from those groups. Yuchitown (talk) 16:55, 23 November 2022 (UTC)Yuchitown
- It does seem that NCSL was at one point evaluating who would be represented in their list by including and not including then including more. What was true in one moment may not have been true later. But now, they have just taken the list down and they stated that the list was never intended in any official capacity. So does the page still continue to use a reference to a page that no longer exists and the reason it does not exist is because the organization no longer supports it? In a similar question but with NCAI, would you say that they are reliable source for the list? If not, should it be removed from this wiki page? Lwalkingwoman (talk) 06:25, 23 November 2022 (UTC)
- Neutral sources covering state-recognized and unrecognized tribes are extremely difficult to come by, and the National Conference of State Legislatures is neutral. Regarding NCSL communicated that they were trimming the list to just tribes that had been acknowledged by legislative law, as suggesting recognition only by state legislatures, that's not true. They list the Nipmuc Nation, who were recognized by Massachusetts due to Governor Dukakis's executive order. Yuchitown (talk) 04:21, 23 November 2022 (UTC)Yuchitown
- That doesn't explain why you are removing other reliably sourced information from the article. Can you prove that Texas has a mechanism for recognizing Tribal entities within the state? Did Texas, in fact, pass a bill into law recognizing this Tribe? I may agree with the inclusion of their membership in the NCAI in the article but I also believe that what Yuchitown provided is accurate and reliably sourced. On the article State-recognized tribes in the United States it very clearly states
State-recognized tribes in the United States are organizations that identify as Native American tribes or heritage groups that do not meet the criteria for federally recognized Indian tribes but have been recognized by a process established under assorted state government laws for varying purposes.
Note my added emphasis on the bolded text. No where in this article does it state that an organization, not debating their legitimacy, outside that of the state established process can defer state recognized status on a Tribe. Can you provide evidence that the state of Texas has, by process, declared this Tribe a state recognized entity? --ARoseWolf 19:56, 22 November 2022 (UTC)
- By definition, only the states can deem a tribe state-recognized. Texas has not done so. Organizations frequently try to reframe congratulatory resolutions as "state-recognition"; however, these resolutions are honorific and nonbinding (another example: SN2, The Senate of the State of Texas is pleased to recognize Israel Pacheco, Jr., who is retiring after 28 years and nine months of loyal service with the Texas Department of Public Safety.... Texas SB 274 was proposed in 2021 to legally, formally make the Lipan Apache Tribe of Texas a state-recognized tribe; however, it did not pass, and no similar bills have been proposed since. Yuchitown (talk) 04:15, 23 November 2022 (UTC)Yuchitow
- On the Lipan Apache Tribe and bill SB 274, I see the confusion. It is true that the bill did not pass, but it also did not make it past the point where there was a debate or discussion. It simply died in the committee without being brought to the table before the end of the year's legislative session, so it was not discussed, debated, amended, or voted on. But I do have a question or two for discussion. I don't think there is a legal definition in the country that covers what it means to be recognized by a state. Some states do develop a process, but others do not. We can agree that when states do not, it does not mean that it will always be the case. Texas also had this odd history where there used to be and State Indian Commission that through some apparent legislative flux was closed in 1989. So my first question is, can someone share where the definition of a state recognized tribe is that is applied to all states even those without a process and the legal source? My second question is, is it possible for a tribe in a state that does not have a process to have government to government interactions with a tribe without passing a bill into law. Lwalkingwoman (talk) 06:15, 23 November 2022 (UTC)
- I am just one of many that may answer your questions so don't necessarily take my thoughts as the only perspective one can have. To answer your first question, there may not be a definition applied to all states but there is a definition applied to all contents of Wikipedia. As Wikipedia is not a state or government controlled entity it can make up its own rules for what content is allowed on its platform. That is largely done by consensus through discussions like this one. In regards to state-recognized Tribes, it has already defined that and the definition has been given (See my comment above). As to the second question, if Texas developed a mechanism to recognize Tribes within its state then this discussion most likely would change in favor of following the results of that process of law for that state in accordance with the definition provided above. --ARoseWolf 16:31, 23 November 2022 (UTC)
- On the Lipan Apache Tribe and bill SB 274, I see the confusion. It is true that the bill did not pass, but it also did not make it past the point where there was a debate or discussion. It simply died in the committee without being brought to the table before the end of the year's legislative session, so it was not discussed, debated, amended, or voted on. But I do have a question or two for discussion. I don't think there is a legal definition in the country that covers what it means to be recognized by a state. Some states do develop a process, but others do not. We can agree that when states do not, it does not mean that it will always be the case. Texas also had this odd history where there used to be and State Indian Commission that through some apparent legislative flux was closed in 1989. So my first question is, can someone share where the definition of a state recognized tribe is that is applied to all states even those without a process and the legal source? My second question is, is it possible for a tribe in a state that does not have a process to have government to government interactions with a tribe without passing a bill into law. Lwalkingwoman (talk) 06:15, 23 November 2022 (UTC)
The article text about SB 274 clearly states that it "died in committee," so there is no confusion about that. Regarding definitions of state-recognized tribes, the US Department of Health and Human Services writes that "State recognized tribes are Indian tribes and heritage groups that are recognized by individual states for their various internal state government purposes" (USDHHS ANA). It would be a purely internal state issue, except that the federal Indian Arts and Crafts Act includes state-recognized tribes within its scope. The State of Texas is the only authority for state-recognized tribes within Texas. Yuchitown (talk) 16:56, 23 November 2022 (UTC)Yuchitown
- It is true that the text says died in committee without explaining what that means. So, I will talk to my district's state senator who is in this particular Texas Senate State Affairs Committee to see if she clarify in writing what happened so as you can better understand what it meant by "died in committee." On the Indian Arts and Crafts Act, the law does not really define a state recognized tribe, rather is defines what an Indian is for the purpose of that law which regulates the use of Native arts and crafts. As you know, there are other agencies that define what an Indian in different ways some of which are open to members of all State Recognized Tribes, or only some State Recognized Tribes, or no State Recognized tribes. So there is no single definition of Indian with different federal and states determining how they will define Indian for the purpose of their laws and/or services of certain agencies. NCSL explains that there are only 11 states have enacted a state recognition scheme but that some states without a formal process for recognition acknowledge the historical and cultural contribution of tribes, some with concurrent resolutions. In their 2008 survey of state-recognized tribes and state recognition processes, Koenig & Stein addresses the various ways that States handle recognition of tribes in their states by categorizing the widely varying approaches to recognition into four groups: (1) State law, (2) administrative, (3) legislative, and (4) executive. Through the legislative process, the state can act only through its legislature, not even requiring the signature of the Governor or passage of a state statue. This can be done through a joint or concurrent resolution by one or both house of the state legislature, even if this type of recognition does not carry the force of law. With the legislative resolutions in Texas, the tribes are guided by the advice of their sponsoring Senator(s) and/or Representative(s). 2603:8081:3005:8500:DC71:EB43:5205:7E93 (talk) 03:49, 24 November 2022 (UTC)
- You've logged out of your account and are using an IP address.
- We all know what "died in committee" means; the bill did not pass.
- No one is saying IACA defines state-recognized tribes; it's just a rare federal law that includes state-recognized tribes.
- We are not defining "Indian" here.
- Honorary resolutions are not state-recognition; if they were, then the Lipan Apache Band of Texas (and many, many other heritage groups) would have be recognized. Yuchitown (talk) 04:26, 24 November 2022 (UTC)Yuchitown
- Some resolutions can be a recognition by the legislature of one of their state's tribes as NCSL, Koenig & Stein, and others explain. According to the representatives and senators the Lipan Apache Tribe has worked with, the wording in a resolution is important. That I recall, only one or two other tribal communities in the state have been able to do this. Lwalkingwoman (talk) 05:52, 24 November 2022 (UTC)
- No, it was me and I was cooking when I came back not noticing that I was logged out. It happens, an oversite. I posted also another response above. I will identify it as me too. Lwalkingwoman (talk) 05:26, 24 November 2022 (UTC)
Back to the original discussion, the difference between SB 274 and all the various concurrent resolutions and simple resolutions is that bills become or amend laws, while "Resolutions are statements of opinions and, unlike bills, do not have the force of law" ("Bills and Resolutions," University of Houston). Yuchitown (talk) 14:28, 26 November 2022 (UTC)Yuchitown
Unreliable source
https://www.500nations.com/tribes/Tribes_States.asp seems to be an unreliable source. For starters, it lists many more tribes as recognised by Massachusetts than the National Conference of State Legislatures (https://web.archive.org/web/20210602114015/https://www.ncsl.org/legislators-staff/legislators/quad-caucus/list-of-federal-and-state-recognized-tribes.aspx#ma) does, and I'm inclined to trust the NCSL a lot more. Eldomtom2 (talk) 19:50, 29 May 2023 (UTC)
Koenig and Stein
I was wondering who Koenig and Stein were and why their recommendations might matter or not.
Koenig and Stein have recommended the processes of North Carolina, South Carolina, and Virginia, all established by-laws passed by the state legislatures, as models worthy of other states to use as the basis for legislation related to recognition of Native American tribes. Statutes that clearly identify criteria for recognition or that explicitly recognize certain tribes remove ambiguity from their status.
Alexa Koenig is a professor from UC–Berkeley, but turns out that Jonathan Stein falsely claimed to be a member of the unrecognized but historic Gabrielino-Togva Tribe, and they sued him for "identity theft and defrauding the Tribe out of more than $20,000,000"(CaseText). Not only is he not a reliable source apparently he's highly controversial. Would it be acceptable to remove his recommendations from the article? The final statement of that paragraph is highly debatable opinion. Yuchitown (talk) 23:12, 16 June 2023 (UTC)Yuchitown
Michigan
Wow! This was news to me since I've heard about the state historic tribes of Michigan forever. The link I provided back in June is already dead. Michigan's Health & Human Services' Native American Children's Services mentions but does not name the state historic tribes. The Michigan Dept. of Lifelong Education mentions state historic tribes but only to say they aren't eligible for tuition waivers. The Michigan Department of Civil Rights provides contacts for the state historic tribes but that document is from 2016. The current State of Michigan Tribal Government page and the two Executive Directives from 2012 and 2019 don't mention state historic tribes. Yuchitown (talk) 18:48, 6 August 2024 (UTC)
Washington
The Chinook Indian Nation isn't a state-recognized tribe; they are a formerly federally recognized tribe whose federal recognition was rescinded, as reflected in their excellent article. (Removed listing from this article for reference) While they are members of NCAI, only the State of Washington has the authority to confer state-recognition, and no sources from the State of Washington reflect that. The State of Washington doesn't even include them in its Directory of Indian Organizations. Yuchitown (talk) 17:09, 6 February 2025 (UTC)
Ohio
There's a paragraph about the United Remnant Band of the Shawnee Nation under Ohio, basically explaining why they aren't a state-recognized tribe. Seems like this should just be deleted perWP:UNDUE and since it generates confusion. Yuchitown (talk) 17:08, 9 March 2025 (UTC)
