Authors: Koenig, A, Stein, J

Publication Year: 2007

Last Updated: 2016-02-22

Journal: Santa Clara Law Review

Keywords: Federal Recognition, Virginia Tribes, tribal recognition, state recognition, federal recognition, federally recognized, state recognized

Abstract:

State recognition is an alternative tribal status to formal federal recognition.30 Much like federal recognition, it operates 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. State recognition is also a prerequisite to certain federal and state benefits meant to foster and preserve indigenous communities and to facilitate mutually beneficial relationships following centuries of conflict.31 While state recognition offers several benefits, the powers granted through state recognition are quite limited. State-recognized tribes do not generally have the same immunities from state law that federal tribes enjoy.32 Instead, they are endowed only with those sovereign characteristics recognized by that state’s laws, legislative resolutions, administrative regulations and other documents that collectively define the government-to-government relationship.

File Download:

Source: Link to Original Article

Source: https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1123&context=lawreview