Cover

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Title Page, Copyright, Dedication

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Contents

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pp. vii-viii

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Introduction

Amy E. Den Ouden & Jean M. O’Brien

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pp. 1-34

Few issues are as fractious in contemporary indigenous affairs in the United States as the official recognition of the separate political status of tribal peoples by external governments. Haunted today by such divisive issues as Indian gaming, disputes over the “authenticity” and racial identity of native peoples, and charges made by non-Indians that “special rights” should not be extended to Native Americans, debates...

PART I: Race, Identity, and Recognition

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The Imposition of Law: The Federal Acknowledgment Process and the Legal De/Construction of Tribal Identity

Angela A. Gonzales & Timotothy Q. Evans

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pp. 37-64

This chapter considers how American Indian identity is ensconced in federal law through the Federal Acknowledgment Process (FAP). As the primary way by which groups can become legally recognized as a tribe, the FAP relies on evidence of “Indianness” and “tribalness” that is rendered legible through legal and social scientific analyses. Through an examination of the Ramapough Mountain Indians...

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Racial Science and Federal Recognition: Lumbee Indians in the Jim Crow South

Malinda Maynor Lo Lowery

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pp. 65-94

To recognize nonreservation tribes under the 1934 Indian Reorganization Act, the Bureau of Indian Affairs (BIA) struggled to derive fair criteria that would conform to Commissioner John Collier’s commitment to using social science as an underpinning for policy. But the bureau’s notions of Indianness hardly conformed to Indians’ own ideas. The BIA’s work in North Carolina among...

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The Recognition of NAGPRA: A Human Rights Promise Deferred

Joanne Barker

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pp. 95-114

The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) was proclaimed by many of its advocates as the first substantive piece of human rights legislation in the United States for native peoples. But the legal status on which the rights provided for by the statute are based contradicts the rights to self-determination defined within international charter and accord. This essay...

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State Recognition of American Indian Tribes: A Survey of State-Recognized Tribes and State Recognition Processes

K . Alexa Koe Koenig & Jonathan Stein

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pp. 115-146

This chapter analyzes the legal status of state-recognized American Indian tribes—those tribes that have been recognized by their respective states but not by the federal government. State recognition1 is a widely practiced but poorly understood aspect of the U.S. federalist system that has been increasingly employed in relations...

PART II: State and Federal Recognition in New England

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State Recognition and “Termination” in Nineteenth-Century New England

Jean M. O’Brien

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pp. 149-168

Over the course of two and a half centuries of colonialism in southern New England, colonial polities developed a system of guardianship that bore striking parallels to the “trust relationship” that stands at the center of federal recognition of Indian nations in the United States. But over the course of the nineteenth...

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Altered State?: Indian Policy Narratives, Federal Recognition, and the “New” War on Native Rights in Connecticut

Amy E. Den Ouden

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pp. 169-194

If there is one important lesson to be derived from Connecticut’s Indian policy as it has been developed and articulated in response to tribal nations’ federal acknowledgment struggles in the late 1990s and early 2000s, it is that the ancestry of the state’s Indian policy should be investigated. This history is indeed long, and its contemporary narratives—that is, the public stories it tells about Indians..

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How You See Us, Why You Don’t: Connecticut’s Public Policy to Terminate the Schaghticoke Indians

Ruth Garby Torres

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pp. 195-212

The reversal of the Schaghticokes’ federal recognition was the pinnacle of Connecticut’s effort to terminate its relationship with this tribe as well as the two remaining state-recognized tribes, the Eastern Pequots and the Golden Hill Paugussetts. With this critical victory in its pocket, Connecticut refuses to acknowledge...

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The Nipmuc Nation, Federal Acknowledgment, and a Case of Mistaken Identity

Rae Gould

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pp. 213-234

The decision to rely on an erroneous designation of a Nipmuc ancestor from a nineteenth-century document provides an opportunity to deny the ancestry—and thus the authenticity—of a large percentage of the Nipmuc nation in its federal acknowledgment case. Several issues and questions are highlighted in this case:..

PART III: Contemporary Recognition Controversies

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A Right Delayed: The Brothertown Indian Nation’s Story of Surviving the Federal Acknowledgment Process

Katheen n A. Brown-Perez

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pp. 237-262

One of the many critical issues facing indigenous people worldwide is recognition from the colonizing government under which they now live. Despite an understanding that true sovereignty is inherent—it comes from within rather than from an external body—many indigenous governments seek some level of recognition from their country’s dominant governing body. It is almost as if those who...

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From “Boston Men” to the BIA: The Unacknowledged Chinook Nation

John R. Robinson

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pp. 263-286

The modern Chinook nation is descended from the Chinookan peoples of the Lower Columbia River. In 1851, the Chinooks signed a treaty with the U.S. government, though the Senate never ratified the agreement. Today, descendants of the signatories to the treaty continue to fight for the recognition of their nation. In 2002, the federal government denied their petition for acknowledgment under...

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Mapping Erasure: The Power of Nominative Cartography in the Past and Present of the Muwekma Ohlones of the San Francisco Bay Area

Les W. Field

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pp. 287-310

In the twentieth century, the erasure of the Ohlones, the indigenous people of the San Francisco Bay area, was constructed around the unilateral and arbitrary termination of their relationship with the federal government in 1927, on the one hand, and an “extinction sentence” inscribed by Alfred Kroeber in his authoritative...

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Precarious Positions: Native Hawaiians and U.S. Federal Recognition

J. Kēhaulani Kauanui

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pp. 311-336

In 1903, following the U.S.-backed illegal overthrow of the Hawaiian Kingdom and the unilateral annexation of the islands in 1898, the U.S. federal government passed legislation acknowledging the indigenous people of Hawaiʻi than a century later, over 160 federal statutes address the conditions of Native Hawaiians in the areas of health, education, labor, and housing. Some observers...

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Afterword

David E. Wilkins

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pp. 337-344

The preceding chapters have more than ably described, analyzed, and evaluated a powerful and ever-shifting set of clashing, interconnecting, yet overlapping issues, including indigenous sovereignty and self-determination, federal and state recognition/acknowledgment or denial of the same for native peoples, congressional..

Appendix: Useful Resources for Further Study

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pp. 345-348

Contributors

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pp. 349-352

Index

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pp. 353-365