State recognition does not dictate whether or not they are recognized as Native American tribes by continually existing tribal nations.
"An additional sub-designation under this classification are 'Federally Non-Recognized' tribes, which includes groups that have previously held federal recognition, either under governments prior to the U.S. Federal Government or as Nations that are no longer in existence and/or no longer meet the criteria as a Nation to have sovereignty status.
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.
[9] The Native Nations Institute of the University of Arizona lists 15 states as having state-recognized tribes in 2024.
By 2021, 574 tribes had been recognized by the federal government, often as a result of the process of treaties setting up reservations in the 19th century.
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.
[15] The Native American Graves Protection and Repatriation Act (NAGPRA) does not require the federal government or museums to consult with state-recognized tribes.
[18] 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.
[19] Statutes that clearly identify criteria for recognition or that explicitly recognize certain tribes remove ambiguity from their status.
Tribes originally recognized by states that have since gained federal recognition have been deleted from the list below.
[10] Kansas has an office to manage Indian affairs: the Joint Committee on State-Tribal Relations.
[10] On January 9, 2012, for the first time the state-recognized two American Indian tribes under a process developed by the General Assembly; these were both Piscataway groups,[41] historically part of the large Algonquian languages family along the Atlantic Coast.
[10] The state of Mississippi has offered congratulatory resolutions to unrecognized organizations identifying as Native American descendants, such as the MS HR50 in which the legislators "commend and congratulate" Vancleave Live Oak Choctaw Tribe for recognition;[60] however, no laws outline formal state-recognition for this or any other group by the State of Mississippi.
[9][10] Rhode Island has no office to manage Indian affairs[25] and no state-recognized tribes.
In 2018, South Carolina Governor Henry McMaster signed legislation that stops the state from recognizing any additional Native American "groups.
"[75] As of 2023, South Carolina recognizes four "state-recognized groups" and one "special interest organization.
"[70] They are: Chaloklowa Chickasaw Indian People;[76] Eastern Cherokee, Southern Iroquois, and United Tribes of South Carolina; Natchez Tribe of South Carolina;[77] and the Pee Dee Indian Nation of Beaver Creek.
[77] The special interest organization is the Pine Hill Indian Community Development Initiative.
[10] As of May 3, 2006, Vermont law 1 V.S.A §§ 851–853 recognizes Abenakis as Native American Indians, not the tribes or bands.
However, on April 22, 2011, Vermont Governor Peter Shumlin signed legislative bills officially recognizing two Abenaki Bands.
[10] However, the state or preceding territorial government has been a party to treaties involving a number of tribes that are not federally recognized.
[10] West Virginia has no office to manage Indian affairs[25] and no state-recognized tribes.