Federal Recognition of Indian Tribes: The Administrative Process

Summary

Federal Recognition of Indian Tribes: The Administrative Process

Federal recognition (sometimes called federal acknowledgment) is a term of art formalizing a relationship between the United States and a recognized Indian Tribe, through which the Tribe becomes "eligible for the special programs and services provided by the United States to Indians because of their status as Indians." 1 Federal recognition engenders certain rights and protections for the recognized Tribe. There are currently 574 federally recognized Tribes.2

Under current federal law,3 a group of Indians may obtain federal recognition in three ways:

Executive Administrative Process

Legislative Act of Congress

Judicial Court Decision

The judicial route is now considered generally inaccessible, with courts deferring to executive and legislative determinations.4

Indian Tribal Entities Federally Recognized, Restored, or Reaffirmed Since 1960

Number of entities recognized

Tribes Acknowledged Through the 25 C.F.R. Part 83 Administrative Process

Grand Traverse Band of Ottawa & Chippewa Indians Michigan - Aug. 2, 1980

Jamestown Clallam Tribe Feb. 10, 1981- Washington

Tunica-Biloxi Indian Tribe Louisiana - Sept. 25, 1981

Death Valley Timbi Sha Shoshone Band Jan. 3, 1983 – California

Narragansett Indian Tribe Rhode Island - Apr. 11, 1983

Poarch Band of Creeks Aug. 10, 1984 – Alabama

San Juan Southern Paiute Tribe Arizona - Mar. 28, 1984

Wampanoag Tribal Council of Gay Head Apr. 11, 1987 – Massachusetts

Mohegan Indian Tribe Connecticut - Mar. 14, 1994

Jena Band of Choctaws Aug. 29, 1995 – Louisiana

Huron Potawatomi Inc. Michigan - Mar. 17, 1996

Samish Indian Tribe Apr. 26, 1996 – Washington

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Michigan - Aug. 23, 1999

Snoqualmie Indian Tribe Oct. 6, 1999 – Washington

Cowlitz Tribe of Indians Washington - Jan. 4, 2000

Mashpee Wampanoag Feb. 15, 2007 – Massachusetts

Shinnecock Indian Nation New York - Oct. 10, 2010

Pamunkey Indian Tribe Jan. 28, 2016 – Virginia

Under procedures set out in 25 C.F.R. Part 83, the Secretary of the Interior may extend federal recognition to a Tribe. Under these regulations, a Tribe seeking federal recognition generally must prove, among other things, that ithas existed as a Native American/American Indian entity since 1900;

• comprises individuals descended from a historic Indian Tribe, most of whom are not also members of another federally recognized Tribe;
• can satisfy certain community and identity criteria, such as maintaining a level of authority or influence over its members; and
• has not had a relationship with the United States expressly terminated or prohibited by Congress.

List of Tribes acknowledged through 25 C.F.R. Part 83 obtained from the Department of the Interior, Office of Federal Acknowledgment. In some cases, these names may not reflect current tribal names. Dates reflect the source's assessment of when the federal acknowledgment became legally effective.

Sources: This information was compiled by CRS based on searches for notices published in the Federal Register and searches for legislation and agency documents on Congress.gov, Lexis+, and ProQuest Congressional for variations of the terms Indian, tribe, federal, recognize, Indian Reorganization Act, Act of June 18, 1934. Other search strategies may yield different results.

1 Indian Entities Recognized by and Eligible to Receive Services from the United States Bureau of Indian Affairs, 91 Fed. Reg. 4102 (Jan. 30, 2026).

2 See CRS Report R48888, The Federal Recognition of Tribes: Frequently Asked Questions, by Mariel J. Murray, Mainon A. Schwartz, and Laura Deal (2026).

3 Pub. L. No. 103–454, § 103(3), 108 Stat. 4791 (1994).

4 Wyandot Nation v. United States, 858 F.3d 1392, 1401–02 (Fed. Cir. 2017).

5 This includes any recognition-related action taken by the Department of the Interior (DOI) or a DOI official, including but not limited to determinations under 25 C.F.R. Part 83.

6 90 Fed. Reg. 3627 (Jan. 15, 2025); 90 Fed. Reg. 9515 (Feb. 13, 2025).

Information prepared by Mainon Schwartz, Legislative Attorney, and Brion Long, Visual Information Specialist.

Information on Tribal entities recognized or restored since 1960 was compiled by CRS.