There are approximately 562 federally recognized Indian tribes and Alaska villages in the United States, with a total membership of 1.7 million. There are also a number of groups seeking federal recognition through Administrative procedure and Congressional legislation. Historically, tribes have been granted federal recognition through treaties, legislation, or administrative decisions.

Federal recognition is critical for tribes and Alaska villages because it establishes a government-to-government relationship with the federal government. This relationship, and the recognition of their sovereign status, carries with it significant rights and privileges, including exemptions from state and local jurisdiction, enabling native governments to establish their own laws and policies regarding their lands and people. In addition, federally recognized tribes are eligible to participate in federal programs. Through these programs, native governments may receive funds, loans, and grants for use in developing and establishing services and programs.

In 1978, federal regulations were issued establishing the Branch of Acknowledgment and Research (BAR) in the Department of Interior and the Bureau of Indian Affairs (BIA). This office is charged with reviewing and evaluating petitions for acknowledgment, and providing reports and recommendations to the assistant secretary for Indian affairs and the secretary of Interior for final determination (25 C.F.R. 83). This process has come under fire over the past several years by those applying for recognition, members of Congress and tribes already recognized by the federal government.

Criticism with the current process ranges from problems with standards used in meeting the recognition criteria, to the ability of the BIA to objectively make a determination regarding acknowledgment.

Under its regulations, the BIA bases its decisions on whether an applicant meets seven criteria: 1) the identification of the petitioner as American Indian from historical times; 2) demonstration of a community from historical times; 3) demonstration of political influence; 4) evidence of a governing system; 5) a list of tribal members; 6) that current members are not members of any other tribe; and 7) that the petitioner was not formally terminated by the government.

To address some problems with the current process, Sen. Ben Nighthorse Campbell, R-Colo., and chairman of the Senate Committee on Indian Affairs, is pushing for legislation to replace the current criteria and standards for acknowledgment used by the Department of Interior with new procedures mandated through legislation.

Not only would his legislation replace existing criteria, it would also establish an independent commission to "review and act upon petitions submitted by American Indian groups that apply for federal recognition." If this legislation were to become law, a new body, outside the BIA, would have authority to provide recommendations on acknowledgment.

While the BIA admits it has failed to properly address current problems within the process and that legislation is needed, it feels it should retain the ability to provide recommendations for recognition. According to the National Congress of American Indians, the vast majority of petitioners do not meet these strict standards, and far more petitions have been denied than accepted. Approximately 8 percent of the total number of recognized tribes has been individually recognized since 1960.

Recognizing Indian tribes through Congressional legislation has been done and continues to be pursued by a number of groups. However; Congressional leadership and Administrative officials have express some concerns about this approach and many current efforts have been informally put on hold by Congress.

President Nixon’s Policy on Tribal Self-Determination (.pdf)