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Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States

69 Pages Posted: 12 Mar 2007  

Alexa Koenig

University of California, Berkeley - School of Law; University of San Francisco

Jonathan Stein

Gabrielino-Tongva Tribe

Multiple version iconThere are 2 versions of this paper

Date Written: March 5, 2007

Abstract

This article provides a national overview of the legal status of state-recognized American Indian tribal governments - specifically, those tribes that have been recognized by their respective states, but not the federal government. Part One discusses how state recognition functions within our federalist system and why it has become increasingly important for states and tribes. Part Two categorizes the various state recognition schemes into state law, administrative, legislative and executive recognition processes. Part Three lists the tribes recognized by each state and summarizes each state's regulatory approach to tribal-state relations. Part Four concludes with a brief argument in favor of greater rights on the part of state tribes.

Keywords: indian law, federalism, state tribes, state recognition, Native Americans, American Indians

Suggested Citation

Koenig, Alexa and Stein, Jonathan, Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States (March 5, 2007). Available at SSRN: https://ssrn.com/abstract=968495 or http://dx.doi.org/10.2139/ssrn.968495

Alexa Koenig (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

University of San Francisco ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

Jonathan Stein

Gabrielino-Tongva Tribe ( email )

501 Santa Monica Blvd, Ste. 500
Santa Monica, CA 90401-2490
United States
310-587-2203 (Phone)
310-587-2281 (Fax)

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