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State recognized tribes : ウィキペディア英語版
State recognized tribes in the United States

State recognized tribes are Native American Indian Tribes, Nations, and Heritage Groups that have been recognized by a process established under assorted state laws for varying purposes. With increasing activism by tribal nations since the mid-20th century to obtain federal recognition of their tribal sovereignty, many states have passed legislation to recognize some tribes and acknowledge the self-determination and continuity of historic ethnic groups. The majority of these groups are located in the Eastern US, as is the case with the three largest state-recognized tribes: viz. the Lumbee Tribe of North Carolina and the United Houma Nation of Louisiana.
In many cases, they have recognized tribes that were landless; that is, did not have an Indian reservation or communal land holdings. In addition, such states have often established commissions or other administrative bodies to deal with Native American affairs within the state. It has resulted from the process of increasing self-determination and preservation of cultural identity within some Native American communities, including descendants who remained in states east of the Mississippi River when many tribes were removed during the 19th century.
State recognition confers limited benefits under federal law. It is not the same as federal recognition, which is the federal government's acknowledgment of a tribe as a dependent sovereign nation. Some states have provided laws related to state recognition that provide some protection of autonomy for tribes not recognized by the federal government. For example, in Connecticut, state law recognizing certain tribes also protects reservations and limited self-government rights for state-recognized tribes.
Such state recognition has at times been opposed by federally recognized tribes. For instance, the Cherokee Nation opposes state-recognized tribes claiming Cherokee identity, as well as many non-recognized groups that also claim to be Cherokee.〔(【引用サイトリンク】url=http://tribalrecognition.cherokee.org/ )
Numerous other groups assert that they are Indian tribes. Many are listed in List of unrecognized tribes in the United States.
== Description ==
The United States Constitution, as interpreted by the Supreme Court, gives ultimate authority with regard to matters affecting the Indian tribes to the United States. Under federal law and regulations, an Indian tribe is a group of Native Americans with self-government authority.〔25 CFR 290.2, "Definitions"〕 This defines those tribes recognized by the federal government.
By late 2007, about 16 states had recognized 62 tribes. Five other states—Kansas, Kentucky, Michigan, Missouri, and Oklahoma— had less developed processes of recognition.〔Alexa Koenig and Jonathan Stein, "Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes across the United States", ''Santa Clara Law Review'', Vol. 48, November 2007〕 Typically, the state legislature or state agencies involved in cultural or Native American affairs make the formal recognition by criteria they establish, often with Native American representatives, and sometimes based on federal criteria.〔Sheffield (1998) p. 63〕 Members of a state-recognized tribe are still subject to state law and government, and the tribe does not have sovereign control over its affairs. Some state-recognized tribes have petitioned unsuccessfully for federal recognition. According to the National Conference of State Legislatures, only fourteen states recognize tribes at the state level.
Under the United States Indian Arts and Crafts Act of 1990,〔(The Indian Arts and Crafts Act of 1990 ), ''US Department of the Interior: Indian Arts and Crafts Board.'' (retrieved 23 May 2009)〕 members of state-recognized tribes are authorized to exhibit as identified Native American artists, as are members of federally recognized tribes.
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.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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