There are 562 federally recognized American Indian tribes, with a total of 1.7 million members. Additionally, there are hundreds of groups seeking federal recognition – or sovereignty – though less than ten percent will successfully achieve this status. Federally recognized tribes have the right to self-government, and are also eligible for federal assistance programs. Exempt from state and local jurisdiction, tribes may enforce their own laws, request tax breaks and control regulatory activities. There are however limitations to their sovereignty including, amongst others, the ability to make war and create currency. Historically, tribes were granted federal recognition through treaties or by executive order. Since 1978 however, this has been replaced by a lengthy and stringent regulatory process which requires tribes applying for federal recognition to fulfil seven criteria, such as anthropological and historical evidence. One of the complications regarding federal recognition is the legal definition of “Indian”. Previously, racial criteria, tribal records and personal affidavits were used to classify American Indians. Since the 1970s, however, there has been a shift to the use of a political definition – requiring membership in a federally recognized tribe in order to qualify for benefits, such as loans and educational grants. This definition, however, excludes many individuals of Native American heritage who are not tribal members.
- There are only two exemptions to a federally recognized tribe’s power of self – government