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Find resources on this topic: SF Chronicle | A ‘Pretendian’ claim. Territory disputes. A Bay Area tribe’s bid for federal recognition sparks conflict

Topic exploration post. 

Native Americans and most law experts argue the acknowledgement process is fundamentally broken. Bud Shapard, who wrote the original federal acknowledgement regulations, called the administrative process “flawed.” In a 2004 letter to Congress, he wrote that “virtually all of the criteria are loaded with subjective, waffle words.”

The Bureau of Indian Affairs denied the Muwekma Ohlone tribe’s previous attempt to gain federal recognition in 2002, and courts declined to overturn its decision. Because tribes cannot re-petition the Interior Department, the only possible path forward for the Muwekma is through Congress, the legal experts said.

Congress doesn’t have to follow any rules or procedures when it comes to recognizing tribes. But the BIA requires several criteria to be met, including that a tribe demonstrate it has identified as an American Indian entity continuously since 1900, with a political authority and governing structure, and can prove its members descend from a historical tribe or tribes.

Muwekma spokesperson Lockwood said the BIA’s earlier denial of recognition for the Muwekma shouldn’t be held against the tribe. “That would be like citing dictators and slave owners on human rights. ‘Well the slave owner’s decision says the slave didn’t have rights …’ Could you imagine saying that?” he said.

The leaders of the three other Bay Area tribes, none of which is actively working to be federally recognized, said they support the Muwekma’s recognition effort. But they don’t want to see the tribe’s gain become their loss.

From: SF Chronicle | A ‘Pretendian’ claim. Territory disputes. A Bay Area tribe’s bid for federal recognition sparks conflict

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Who Is Native American Enough? (Chronicle of Higher Ed)

Virginia's Monacan Indian Nation Seeks Recognition (NPR)

Native American Leaders Convene In Washington, D.C. (NPR)

On the Words ‘Tribe’ and ‘Nation’ (ICT)

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DNA does not prove continuous TRIBAL/COLLECTIVE existence. it can indicate probable genetic ancestors; that is not synonymous with a "tribe" continuing to exist as a collective. ancestors alone do not make a tribe or contemporary belonging to one.

— Kim TallBear (@KimTallBear) June 13, 2023

Odawa tribe in West Michigan continues fight for federal recognition https://t.co/mKmyc11xSG via @michiganadvance

— Michigan Advance (@MichiganAdvance) May 8, 2023