HOBBS, STRAUS, DEAN & WALKER, LLP
PRACTICE AREAS
FEDERAL RECOGNITION

 

The United States currently acknowledges a government-to-government relationship with 557 Indian tribes and Alaska Native entities. This federal recognition qualifies a tribal entity for federal government protection, services and benefits, and provides a tribe with a much stronger basis for defending its sovereignty, cultural identity and ancestral lands. Federal recognition also serves as a foundation for expanded economic opportunities for the tribe and its members, including gaming.

In 1978, the Department of the Interior established administrative procedures for the acknowledgment of tribes. These procedures require tribal entities to submit sufficient evidence to meet mandatory criteria indicating that the current tribal entity descends (historically, socially, politically, culturally, and genealogically) from an Indian group that has existed continuously as a tribal community from historical times to the present. Tribal recognition directly through federal legislation is still theoretically possible but it is more difficult today than it was before 1978.

CONTACT:
Jerry Straus

 

 

Achievements and Actions

Assisted the Mohegan Tribe (Connecticut) to obtain federal acknowledgment, negotiated a gaming compact with the governor on behalf of the Tribe, and obtained congressional settlement of land claims through legislation

Assisted the Aroostook Band of Micmacs (Maine) to obtain federal acknowledgment through congressional action in 1991, entitling the Band to all benefits of federal recognition and fully including the Band within the terms of the Maine Indian Claims Settlement Act of 1980

Typical Assignments

Advise tribes in the collection and presentation of documentation to support a petition for federal recognition

Development and preparation of oral history through interviews of tribal members, elders and individuals familiar with the tribal community, and through professional experts

Advise tribes on mechanisms for acquiring financial support for the acknowledgment process and negotiating financing agreements

Provide legal service related to federal recognition, including land claims, gaming, and political support in Congress and in the state

 

 

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