State-recognized tribes in the United States are Native American tribes or heritage groups that do not meet the criteria for federally recognized Indian tribes but have been recognized by state government through laws, governor's executive orders, or state commissions legally granted the power to recognize tribes for varying purposes. State recognition does not dictate whether or not they are recognized as Native American tribes by continually existing tribal nations.
Individual states confer "for their various internal state government purposes". State recognition confers few benefits under federal law; it is not the same as federal recognition. Members of a state-recognized tribe are still subject to state law and government, and the tribe does not have sovereign control over its affairs. Some states have provided laws related to state recognition that provide some protection of autonomy for tribes that are not recognized by the federal government. For example, in Connecticut, state law recognizing certain tribes also protects reservations and limited self-government rights for state-recognized tribes.
Non-recognized tribes is a term for "groups that have no federal designation and are not accepted as sovereign entities under U.S. law," which includes state-recognized tribes. Within this category are "federally non-recognized" tribes, which includes tribes that were previously recognized by the federal government or other governments that preceded the U.S., and tribes that no longer meet the criteria for federal recognition. Other groups that identify as being Native American tribes but lack federal or state recognition are listed in the List of organizations that self-identify as Native American tribes.
Some federally recognized tribes, such as the Cherokee Nation and the Delaware Nation, have opposed state recognition, either in the case of individual tribes or as a whole. Journalists Adam Elmahrek and Paul Pringle wrote, "Many Native Americans have long opposed allowing states to recognize tribes, arguing that the federal government should make the decision because states often fail to properly screen groups."
Demographics and geography
Most state-recognized tribes are located in the Eastern United States, including the two largest state-recognized tribes in the US, the Echota Cherokee Tribe of Alabama and the United Houma Nation of Louisiana, each of which has more than ten thousand members.
Sources disagree on how many states have state-recognized tribes. No government agency or nonprofit organization tracks the total of state-recognized tribes in the United States. In late 2007, about 16 states had recognized 62 tribes.Alexa Koenig and 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, November 2007 According to the National Conference of State Legislatures, only 13 states recognized tribes at the state level in 2022. Likewise in 2022, the Reference Encyclopedia of the American Indian reported that there were 66 state-recognized tribes among 13 states, which includes 8 tribes that are also federally recognised (7 in Virginia and 1 in New York).
, the Native Nations Institute of the University of Arizona lists 15 states as having state-recognized tribes. In 2025, journalist Bill Donahue wrote in Boston's City Life that more than 100 organizations are state-recognized as tribes.
State-recognition processes State recognition can vary in meaning and impact, from granting a tribe legitimacy within the state to simply recognizing its existence as a state might recognize a business.Riall, Rebecca L. In the absences—state recognition of American Indian nations and U.S. racial and legal consciousnesses (PhD thesis). Indiana University ProQuest Dissertations & Theses, 2014. 3611166. According to Alexa Koenig and Jonathan Stein, state recognition may serve "as a means for states to acknowledge the longstanding existence of tribes within their borders and to establish a government-to-government relationship to coordinate and communicate with tribes".
Processes for state-recognition of tribes include state legislation, executive orders by a state governor, or recognition by state commissions vested with the authority to recognize tribes. Typically, the state legislature or state agencies involved in cultural or Native American affairs make the formal recognition by criteria they establish, often with Native American representatives, and sometimes based on federal criteria.Sheffield (1998), p. 63 Statutes that clearly identify criteria for recognition or that explicitly recognize certain tribes remove ambiguity from their status.
Many organizations try to assert that various congratulatory resolutions constitute recognition as a Native American tribe by a state; however, "Resolutions are statements of opinions and, unlike bills, do not have the force of law."
Federal law The U.S. Constitution Article 1, Section 8 states, "The Congress shall have Power to regulate commerce with foreign nations, amongst the several states and with the Indian tribes." The Kansas Native American Affairs Office states, "This clause forms the basis for Congressional lawmaking authority over the tribes, excluding state governmental authority over Tribes, thus establishing the unique tribal-federal government relationship."
The Supreme Court has determined that the United States Constitution gives ultimate authority over matters affecting American Indian tribes to the United States federal government, in Johnson v. McIntosh (1832), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832).
Under US federal law and regulations, an American Indian tribe is a group of Native Americans with self-government authority, and this is the basis for federal recognition.25 CFR 290.2, "Definitions" , the federal government had recognized 575 tribes, often as a result of treaties setting up reservations in the 19th century.
Four federal agencies have the authority to confer benefits to state-recognized tribes: the Department of Health and Human Services, the Department of Labor, the Department of Education, and the Department of Housing and Urban Development. State-recognized tribes also participate in the programs of the Small Business Administration (SBA), an independent agency of the US federal government, and there is a rebuttable presumption that members of state-recognized tribes are "socially disadvantaged" for the purposes of the SBA's 8(a) Business Development program.
Under the United States Indian Arts and Crafts Act of 1990 (IACA), members of certain state-recognized tribes may exhibit as identified "Native American" or "American Indian" artists. In addition to citizens of federally recognized tribes and tribally designated artisans, IACA says that members of "any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority" can exhibit or sell art as a "Native American" or "American Indian" artist.
The Administration for Native Americans, a program office within the Department of Health and Human Services, may confer benefits to state-recognized tribes under the Native American Programs Act (NAPA). Members of state-recognized tribes are unable to access support from the Indian Health Service, and may have additional healthcare needs as a result.
The Native American Graves Protection and Repatriation Act (NAGPRA) does not require the federal government or museums to consult with state-recognized tribes. State-recognized tribes may request the repatriation of cultural items or human remains only in cooperation with federally recognized tribes. Other federal Indian legislation does not apply to state-recognized tribes. For example, Indian Preference in hiring and the Indian Child Welfare Act of 1978 do not apply to these organizations.
Attitudes Opposition Some federally-recognized tribes object to state recognition. Journalists Adam Elmahrek and Paul Pringle wrote, "Many Native Americans have long opposed allowing states to recognize tribes, arguing that the federal government should make the decision because states often fail to properly screen groups." The Cherokee Nation opposes state-recognized tribes, as well as Cherokee heritage groups and others with no documented descent who claim Cherokee identity.
The Inter-Tribal Council of the Five Civilized Tribes (Cherokee Nation, Chickasaw Nation, Choctaw Nation, Muscogee Nation, and Seminole Nation of Oklahoma) issued a resolution in 2022 denouncing state recognition of groups as tribes or federal recognition by means other than the Office of Federal Acknowledgment (OFA). The resolution states that "fraudulent groups that appropriate our culture...often seek state recognition and other means to bolster their legitimacy and bypass" OFA.
The federally recognized Delaware Nation regards all state-recognized Lenape tribes and Lenape heritage groups as fraudulent organizations, as they have stated that they "do not acknowledge or work with any non-federally recognized groups that claim Lenape identity or nationhood, which includes “state recognized” groups as we do not agree with state recognition."
The federally recognized Delaware Tribe of Indians has issued a resolution which "denounces fabricated Delaware groups and commits to exposing and assisting state and federal authorities in eradicating any group which attempts or claims to operate as a government of the Delaware people". The resolution refers to Lenape heritage groups and state-recognized tribes in Delaware, New Jersey, New York and Pennsylvania as CPAINs (Corporations Posing As Indigenous Nations).
The federally recognized Narragansett Indian Tribe in Rhode Island is opposed to state recognition in general and opposes state recognition for the Seaconke Wampanoag Tribe in particular.
The federally recognized Odanak First Nation in Canada opposes state recognition of tribes in New Hampshire and Vermont. Odanak regards the four state-recognized tribes in Vermont as illegitimate organizations.
Support August Joseph Darbonne suggests that state-recognized tribes are underrepresented in research and have been "accused of claiming fraudulent Native American identity to gain access to state benefits and programs". He also says that the "limited representation of state-recognized tribes contributes to negative stereotypes against Native Americans". In an address to the Alliance for Colonial Era Tribes, Professor Patty Ferguson Bohnee and Blair Tarman argued that tribal sovereignty should not be tied to federal recognition, since this is based on the needs of colonial rather than tribal governments, and undermines the inherent rights of all tribes.
The federally recognized Mashpee Wampanoag Tribe considers the state-recognized Herring Pond Wampanoag Tribe to be a "sister tribe". After the Commonwealth of Massachusetts granted state recognition to the Herring Pond Wampanoag Tribe in 2024, the Mashpee Wampanoag Tribe issued a media release stating they considered it "a monumental day for the entire Wampanoag Nation".
List of state-recognized tribes The following is a list of tribes recognized by various states but not by the U.S. Bureau of Indian Affairs. Tribes originally recognized by states that have since gained federal recognition have been deleted from the list below. The list does include state-recognized tribes that have petitioned for federal recognition.
Alabama