Invited Written Testimony of Professor Kirsten Matoy Carlson, on H.R. 3744, a Bill to Provide That an Indian Group May Receive Federal Acknowledgment as an Indian Tribe Only by Act of Congress, before the Subcommittee on Indian, Insular, and Alaska Native Affairs, Natural Resources Committee, United States House of Representatives, 115th Congress, September 26, 2017

Abstract

H.R. 3744 intends to clarify the roles of Congress and the Bureau of Indian Affairs (BIA) in the federal acknowledgment of Indian entities. In evaluating the proposal in H.R. 3744, members of this Committee should be fully informed about the historical role that Congress has played in the federal recognition process and the experiences of Indian groups seeking congressional recognition. This testimony summarizes the findings from two empirical studies that I conducted on the legislative and administrative recognition of Indian groups from 1975 to 2013. These studies reveal that while H.R. 3744’s goals of consistency and clarity are laudable, the bill rests on questionable assumptions about federal recognition and Congress’s role in it over time. I conclude with some observations about H.R. 3744 and its ability to increase transparency and efficiency in the federal recognition process.