The Muwekma and federal recognition

Defining Federal Recognition

To kick off our lesson, let's define federal recognition. The Bureau of Indian Affairs defines it as recognition of "an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States." Think about how the U.S. government interacts with foreign nations like the UK, China, or Russia. Federal recognition requires the government to treat and interact with tribal governments not as subjugated nations, but as sovereign entities.

Tribes that are recognized as sovereign nations by the U.S. are able to govern themselves. They can create their own laws and determine who constitutes a citizen of their nation. This has numerous implications—they can run their own police systems, judicial systems, and regulate their trade.

Economic Benefits

Perhaps the easiest benefit of federal recognition to understand is its fiscal impact. This is perfectly demonstrated through the example of the Yaqui Tribe, who, despite originating from Sonora, Mexico, have a large population within Arizona. As archaeologist Mark E. Miller describes, the Yaqui first came to America under unofficial political asylum—meaning they were neither helped nor pursued for deportation. As a result, they resorted to working as laborers, a trend that remained constant throughout continuing generations.

When a neighboring county began enforcing its building codes over the Yaqui settlement, the Yaqui appealed but were met with silence due to their lack of federal recognition. As they explained, "We went directly to Washington seeking help... their response was that we were not a federally recognized tribe [able] to participate in any of their programs."

However, after achieving federal recognition status on September 18, 1975, everything changed. "The BIA (Bureau of Indian Affairs) and other agencies provided immediate assistance in housing construction, health care, and education." Social services, free meals, and aid in building public facilities—that's what federal recognition provides for a tribe.

Federal Indian Trust Responsibility

Federal recognition also legally binds the U.S. government to ensure the wellbeing of federally recognized tribes through a concept known as federal Indian trust responsibility. This doctrine originated in 1831 under Cherokee Nation v. Georgia and stands as a cornerstone of indigenous law. The Bureau of Indian Affairs defines federal Indian trust responsibility as a "legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes and villages."

Essentially, when the U.S. government recognizes tribes as sovereign governments and entities, the U.S. government acts as a trustee for the tribe's assets and manages them for their benefit. This concept also ensures that the U.S. government has a legal obligation to fulfill treaty rights, allow for tribal sovereignty, and ensure access to benefits like health care and education. The Supreme Court has defined federal Indian trust responsibility as something beyond just legal documentation—it's the U.S. government's requirement to fulfill both legal and moral obligations to recognized tribes.

Summary of Benefits

To summarize, federal recognition results in:

• Tribal sovereignty, or recognition for tribal governments to be treated with the respect accorded to foreign nations

• Eligibility for social programs and the economic benefits of such programs

• A guarantee for their treaties, as well as a trust responsibility from the U.S. to protect their land

An important distinction I want to make is that federal recognition does not grant sovereignty to indigenous groups—it solely impacts how the U.S. government views them. Sovereignty for tribal nations is inherent to themselves and isn't granted by any other group.

The Recognition Process

Currently, there are 574 recognized tribes and 400 unrecognized tribes. An even more shocking statistic is that after 1978, when the U.S. government created the current procedure for achieving federal recognition, only 50 tribes have been granted the status.

The process of federal recognition is complicated, with many procedural hurdles. Tribes must "demonstrate their history which has shown continuous existence, political authority, and community since contact." The entire process is costly as well. In the case of the Chippewa tribe of Montana, the process took 29 years and over 3,400 attorney hours, costing the tribe over $1 million. Some other tribes have spent over $20 million on the process.

Limits of Tribal Sovereignty

While sovereignty allows an indigenous nation to largely govern themselves, there are still limitations within this framework. Congress frequently still inflicts new laws upon tribal nations, such as PL 280 which gave states the right to co-police indigenous land. These laws are passed without Native consent, and as Che Jim of Crash Course describes it, this "results in [their] sovereignty to be in a bit of a gray area."

Tribal nations cannot do some of the things that we typically associate with foreign sovereign nations—such as signing international treaties, creating currency, or declaring war. The federal government has also had a history of violating the jurisdiction of indigenous governments, as seen in past efforts to displace Native peoples off their land.

The Muwekma Ohlone's Journey

In the case of our local tribe, the Muwekma Ohlone have been fighting for recognition since the 1960s. They currently sit on the waiting list. However, the BIA processes only one application every 2+ years, meaning an even longer wait.

You may be surprised to learn that the Muwekma Ohlone once had federal recognition status. Prior to 1953, they were among the tribes receiving government services. However, the period from 1953-1968, known as the Termination Period, was a time when the federal government worked to reduce its relationships with indigenous nations. Instead, the BIA encouraged Natives to move out of reservations and into cities and other urban areas.

Current Efforts

The Muwekma Ohlone, under Chairwoman Charlene Nijmeh, are now working to regain their federal recognition status. In their recent "Trail of Truth," the Muwekma Ohlone marched all the way from San Francisco to Washington, D.C., gathering support from other tribes along the way. Arriving in D.C. on Indigenous Peoples' Day in 2024, the protest encouraged other unrecognized tribes to bring their grievances to the government and fight to have their voices recognized.

Repatriation Rights

One major aspect of the Muwekma's fight for federal recognition is their desire for repatriation. In 1990, the Muwekma Ohlone received repatriation from Stanford:

"In what may be the first action of its kind by a major university, Stanford will return the skeletal remains of about 550 Indians from its museum to elders of the Ohlone Costanoan people."

The 1990 Native American Graves Protection and Repatriation Act (NAGPRA) allows federally recognized tribes to request that their cultural items and ancestral remains be repatriated to them. While unrecognized tribes are not excluded from this process, it is much more difficult for them to petition for their right to these items. So, even though private organizations like Stanford have begun to repatriate artifacts and remains, until the Muwekma achieve federal recognition, government universities like the UC schools and other facilities do not have an obligation to return these items.

Role of Students and Education

In recent years, indigenous history education has been receiving more and more attention. Recently, Che Jim started his Crash Course series on Native History, which I recommend you all check out. In particular, episode 2 of his series talks about Tribal Sovereignty and would definitely give you a lot more useful information beyond what we discussed today.

I bring this lesson to you today as a reminder to stay open-minded and to pay attention to other cultures. Here in this classroom, we come from different backgrounds, and we all have different interests and cultures. It is our obligation to educate ourselves and those around us about these ongoing fights, so that we may stand united as a community and tackle these challenges together.

1. Bureau of Indian Affairs. “What Is a Federally Recognized Tribe?” U.S. Department of the Interior, www.bia.gov/frequently-asked-questions. Accessed 23 Sept. 2025.

2. Worcester v. Georgia. 31 U.S. (6 Pet.) 515. Supreme Court of the United States. 1832.

3. Miller, Mark E. Forgotten Tribes: Unrecognized Indians and the Federal Acknowledgment Process. University of Nebraska Press, 2004.

4. Act of September 18, 1975. Pub. L. 94–227, 89 Stat. 948.

5. Cherokee Nation v. Georgia. 30 U.S. (5 Pet.) 1. Supreme Court of the United States. 1831.

6. Bureau of Indian Affairs. “Frequently Asked Questions: What Is the Federal Indian Trust Responsibility?” U.S. Department of the Interior, www.bia.gov/frequently-asked-questions. Accessed 23 Sept. 2025.

7. Seminole Nation v. United States. 316 U.S. 286. Supreme Court of the United States. 1942.

8. Federal Acknowledgment of American Indian Tribes. 25 C.F.R. Part 83. Bureau of Indian Affairs, U.S. Department of the Interior.

9. Public Law 280. Act of Aug. 15, 1953, 67 Stat. 588.

10. Jim, Che. Crash Course: Native American History. Episode 2, “Tribal Sovereignty.” YouTube, 2023, www.youtube.com/playlist?list=PL8dPuuaLjXtOPRKzVLY0jJY-uHOH9KVU6.

11. Muwekma Ohlone Tribe. “History and Federal Recognition Efforts.” Muwekma Ohlone Tribe, muwekma.org. Accessed 23 Sept. 2025.

12. Wilkins, David E., and K. Tsianina Lomawaima. Uneven Ground: American Indian Sovereignty and Federal Law. University of Oklahoma Press, 2001.

13. Nijmeh, Charlene. Statements during “Trail of Truth” March. Washington, D.C., 2024.

14. Native American Graves Protection and Repatriation Act (NAGPRA). Pub. L. 101–601, 104 Stat. 3048. 1990.

15. Associated Press. “Stanford Will Return 550 Ohlone Skeletons.” Los Angeles Times, Jan. 1990.

16. Smith, Paul Chaat, and Robert Allen Warrior. Like a Hurricane: The Indian Movement from Alcatraz to Wounded Knee. The New Press, 1996.