U.S. Recognition of Indian Tribes

November 18th, 2010

The number of Indian Tribes recognized by the United States has grown significantly over the past 50 years. This is accomplished through a recognition petition signed by a group of Native Americans to become federally recognized. Traditionally concern for these petitions has been overlooked. With the increased popularity in Indian gaming and the industry growing, these petitions are more scrutinized.

The Numbers

For example, in California, 37 tribes have petitioned for recognition, 14 of them did so after the passage of the Indian Gaming Regulatory Act. Many tribes are requesting land in some of the most populated areas in the state. Across the United States there are 126 pending petitions, some dating back to 1826.

Only nine total tribes have been acknowledged by the Bureau of Indian Affairs. Congress has also restored seven tribes. 109 tribes (41 in the state of California) were federally recognized but later terminated during an era of federal policy to assimilate. These tribes can be recognized to be restored to their pervious status.

Acquiring Land without State Approval

When not approved by the state, tribes have more flexibility. In Connecticut, the Mohegan tribe purchased land which was approved as trust land by the Bureau of Indian Affairs (BIA). Privately invested bonds were acquired in the sum of $175 million making them the first tribe to receive financial backing from Wall Street investors. Part of the deal was the Mohegan tribe must abandon land claims of over 20,000 acres for the casino land.

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Approvals for Gaming

For tribes to use land away from the reservation to build a casino, they must obtain approval from the Secretary of the Interior in collaboration with the surrounding community. Also, the Governor of the state can approve grant approval to gamble on those lands.

Many Indian tribes have been successful at operating casino halls and bingo parlors off the reservation. In Milwaukee, 200 miles south of their reservation, the Potawatomi Tribe was granted permission to operate a bingo and casino hall. Many officials see Indian gaming as being more difficult to infiltrate due to their isolated locations. Therefore, moving them to urban centers could result in more organized crime interference.

In the United States it is difficult to be recognized as an Indian tribe. Those that have pending petitions since 1826 may be facing an uphill battle. With the explosion in Indian gaming, the Government is recognizing the need to limit the number of tribes applying for gaming approvals.

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