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Native American recognition in the United States most often refers to the process of a tribe being recognized by the United States federal government, or to a person being granted membership to a federally recognized tribe. There are 566 federally recognized tribal governments in the United States. Non-Acknowledged Tribes are tribes which have no federal designation as sovereign entities. Federally Non-Recognized tribes refers to a subgroup of non-acknowledged tribes which had some sort of recognition by the British prior to the formation of the United States or by the United States but which were determined by the government to no longer exist as an Indian tribe or no longer meet the criteria for a nation to nation status.〔National Register: (List of 564 recognized tribes ), Oct. 1, 2010〕〔Federal Register: (Supplement, Listing of one additional tribe ), Oct. 27, 2010〕〔(Federal Register 2012 list of 566 federally-recognized tribes.pdf )〕 The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership.〔This right was upheld by the US Supreme Court in ''Santa Clara Pueblo v. Martinez'' in 1978, which is discussed in Ray (2007) p403〕 They may form their own government, enforce laws (both civil and criminal), tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money.〔(【引用サイトリンク】work=america.gov )〕 Legal definitions of Indian abound; according to a 1978 congressional survey, there were upwards of 33 separate definitions of "Indian" used in federal legislation. The number of definitions increased when tribal enrollment statutes were included.〔Brownell (2001) p278, Garroutte 2003, 16〕 U.S. Government agencies may have varied definitions of "Indian." For example, the National Center for Health Statistics currently assigns the mother’s race to a child born to parents of different "races". When people give multiracial responses to questions of heritage, only the first race is entered.〔Peroff (1997) p487〕 The 1978 American Indian Religious Freedom Act uses a two-part definition which is especially influential.〔Brownell (2001) p299〕 It defines an Indian as a person who belongs to an Indian Tribe, which in turn is a group that "is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians." ==Historic judicial and legislative definitions== Federal courts have not universally required membership in federally recognized tribes for a person to be classified as Indian. At times a person's membership in a federally recognized tribe was not sufficient for classification as Indian in the eyes of the courts.〔''United States v. Antelope'', 430 US 641, 646-47 n.7 (1977) stated that enrollment in a recognized tribe was not an absolute requirement for federal jurisdiction where the Indian defendant lived on the reservation and "maintained tribal relations with the Indians thereon." ''Alberty v. United States'', 162 US 499, 500-01 (1896) held that neither a former black slave who had been granted membership in the Cherokee nation nor the illegitimate son of a Chocktaw and a black woman who had married a Chocktaw Indian, were Indians, discussion in Brownell (2001) p283〕 The Major Crimes Act of 1885 placed seven major crimes under federal jurisdiction if committed by a Native American in Native American Territory. The Department of Justice required that a defendant be an enrolled member of a tribe to be covered by the Major Crimes Act.〔137 Cong. Rex. 23,673 (1991) discussed in Brownell (2001) p283〕〔As an aside, the Indian Civil Rights Act uses the Major Crimes Act to define Indian, which provides consistent jurisdiction. This prevents a person from seeking to be Indian for the purposes of tribal jurisdiction and then denying his status as an Indian for the purposes of federal jurisdiction, and vice versa, a person cannot claim to be an Indian for the purposes of federal jurisdiction and then try to use another definition for the purposes of avoiding tribal jurisdiction as discussed in Brownell (2001) p284〕 In his 1935 Memorandum to John Collier, Commissioner of Indian Affairs, the Assistant Solicitor, Felix S. Cohen, discussed 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 Indians, recognized by the state of North Carolina: "(this group is not a ) federally recognized Indian tribe. Neither are the members of this group residents of an Indian reservation.") In the 1930s when it was more involved in determining classification of American Indians, the federal government used five factors to certify individuals who claimed to be more than half-blood Indian: tribal rolls, testimony of the applicant, affidavits from people familiar with the applicant, findings of an anthropologist, and testimony of the applicant that he has retained "a considerable measure of Indian culture and habits of living." The attempt to use physical characteristics to define Indians created some paradoxical situations. In 1939, for example, the BIA sent Harvard anthropologist Carl Selzer to Robeson County, North Carolina to review the claims of the Lumbee, who were of mixed-race descent. Using methods of assessment then used in physical anthropology, but since discounted, "He measured their features and put a pencil in each Indian's hair, noting 'Indian' blood if the pencil slipped through and 'Negroid' if it did not. 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."〔Brownell (2001) p288〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Native American recognition in the United States」の詳細全文を読む スポンサード リンク
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