state recognition

The Rise of Indigenous Recognition: Implications for Comparative Politics

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Recent decades have ushered in a new era for the recognition of Indigenous rights. Today, more than half of all United Nations member states recognize some form of Indigenous governance in their constitutions (Holzinger et al 2019), and dozens more have done so statutorily. This marks the culmination of a shift in the international consensus around Indigenous-state relations – from the assimilation of Indigenous peoples into nation-states throughout most of the twentieth century to a contemporary recognition of their collective rights to self-determination. This transition has profound implications for governance in modern states and, in turn, for the study of comparative politics. In recognizing self-governance and self-determination rights for Indigenous peoples, the emerging Indigenous rights paradigm envisions a degree of political and societal heterogeneity that seemingly challenges the state’s aspirations to monopolize political, social, and territorial control within its borders. The recognition of collective rights, by many accounts, also stands in tension with liberalism’s emphasis on individual rights and thus has implications for representation within democratic polities.

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Citation

McMurry, Nina, Danielle Hiraldo and Christoper L. Carter. "The Rise of Indigenous Recognition: Implications for Comparative Politics". APSA-CP Newsletter Vol. XXXI, Issue 1, Spring 2021. pp. 93-99. Johns Hopkins University School of Advanced International. Washington, DC.

State Recognition of American Indian Tribes

Producer
National Conference of State Legislatures
Year

State-tribal relations have a long and complex history in the United States. States’ government- to-government relationships with tribes continue to evolve, taking many forms, including formal recognition. Usually accomplished through legislative action, state recognition of American Indian tribes is just one tool used to build state-tribal collaboration.

State tribal recognition does not confer the same benefits as federally recognized tribes; it acknowledges tribal status within the state but does not guarantee funding from the state or federal government. State-recognized Indian tribes are not necessarily federally recognized; however, some federally recognized tribes are also recognized by states. Federal recognition remains the primary way in which tribes seek to be recognized.

Tribes do seek state recognition, however, because it acknowledges their historical and cultural contributions. In some cases, state recognition qualifies the tribe for federal and state support. For example, four federal agencies—the U.S. departments of Housing and Urban Development, Labor, Education, and Health and Human Services—have the statutory and regulatory authority to provide funding for state-recognized tribes. Some states authorize tribal participation on state commissions that typically make policy decisions that affect American Indians. State tribal recognition in this publication specifically refers to states that have created a formal process for recognition.

Native Nations
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Topics
Citation

Salazar, Martha. State Recognition of American Indian Tribes. (October 2016). National Conference of State Legislatures. Vol . 24, No. 39. https://www.ncsl.org/quad-caucus/state-recognition-of-american-indian-tribes

Breaching Barriers: The Fight for Indigenous Participation in Water Governance

Year

Indigenous peoples worldwide face barriers to participation in water governance, which includes planning and permitting of infrastructure that may affect water in their territories. In the United States, the extent to which Indigenous voices are heard—let alone incorporated into decision-making—depends heavily on whether or not Native nations are recognized by the federal government. In the southeastern United States, non-federally recognized Indigenous peoples continue to occupy their homelands along rivers, floodplains, and wetlands. These peoples, and the Tribal governments that represent them, rarely enter environmental decision-making spaces as sovereign nations and experts in their own right.

Nevertheless, plans to construct the Atlantic Coast Pipeline prompted non-federally recognized Tribes to demand treatment as Tribal nations during permitting. Actions by the Tribes, which are recognized by the state of North Carolina, expose barriers to participation in environmental governance faced by Indigenous peoples throughout the United States, and particularly daunting challenges faced by state-recognized Tribes. After reviewing the legal and political landscapes that Native nations in the United States must navigate, we present a case study focused on Atlantic Coast Pipeline planning and permitting.

We deliberately center Native voices and perspectives, often overlooked in non-Indigenous narratives, to emphasize Indigenous actions and illuminate participatory barriers. Although the Atlantic Coast Pipeline was cancelled in 2020, the case study reveals four enduring barriers to Tribal participation: adherence to minimum standards, power asymmetries, procedural narrowing, and “color-blind” planning. We conclude by highlighting opportunities for federal and state governments, developers, and Indigenous peoples to breach these barriers.

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Topics
Citation

Emanuel, Ryan E.; Wilkins, David E. 2020. "Breaching Barriers: The Fight for Indigenous Participation in Water Governance" Water 12, no. 8: 2113. https://doi.org/10.3390/w12082113

Dayton signs tribal consultation executive order

Author
Producer
The Bemidji Pioneer
Year

With the White Earth Nation flag and tribal and state representatives standing behind him, Gov. Mark Dayton signed an executive order Thursday directing state agencies to develop policies to guide them when working with tribal nations...

Native Nations
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Citation

Hageman, John. "Dayton signs tribal consultation executive order." Bemidji Pioneer. August 8, 2013. Article. (https://www.bemidjipioneer.com/news/dayton-signs-tribal-consultation-executive-order, accessed April 3, 2023)

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...

Resource Type
Citation

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 April 11, 2023)