References

Anderson, R., Berger, B., Krakoof, S., & Frickey, P. American Indian Law: Cases and Commentary, Ed. 3rd or 4 th

In 1978, the Bureau of Indian Affairs generated its first procedures and criteria for federal recognition of tribes, now found in 25 CFR Part 83.7 . in summary, the Mandatory Criteria include: Identified as an American Entity on a substantially continuous basis since 1900 The group comprises a distinct community since historical times The group has maintained political influence and authority over its members since historical times The group has current membership criteria The group's members descend from a historical Indian tribe The group's members are not members of another recognized tribe, and The group has not been explicitly terminated by the Congressional act. As we examine these criteria, consider what evidence we would compile in support of a petition for recognition. Also consider the political and economic consequences for neighboring tribes, particularly since the expansion of tribal gaming enterprises. If a newly recognized group could open a casino near an existing one, the new casino might threaten revenues, creating incentives for uncomfortable conflicts between tribes. Is there a way to maintain a transparent recognition process that includes public participation, while maintaining fairness?