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

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In the last few years, states and tribes have increasingly realized that state recognition can serve as an important, albeit limited, alternative to federal recognition. This realization is evidenced by the many states that have recently codified their state recognition processes or are planning to implement recognition processes to facilitate communication between state and tribal governments, and better the condition of tribal members and surrounding communities. State recognition can also provide tribes with limited state and federal benefits, and clarify which tribes are exempt from the purview of state legislation that explicitly excludes “Indians.” Consequently, several tribes are now bidding for state recognition and many states are implementing or strengthening processes for acknowledging the tribes within their borders...

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Koenig, Alexa & 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: 79-153. 2008. Paper. (http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1123&context=lawreview, accessed March 8, 2013)