Federal vs. State Tribes
There are 565 Native American tribes recognized by the United States through the Constitution, laws, and treaties.
Only three Cherokee tribes (Eastern Band of Cherokees, the Cherokee Nation, and the United Keetoowah Band of Cherokee) are recognized as legal Cherokee tribes.
The Cherokee Nation web site addresses federal recognition:
What is federal recognition? Cherokee Nation and other federally recognized tribes have inherent sovereign powers recognized by the U.S. government, much like a separate country. The federal government has a government-to-government relationship with federally recognized American Indian nations based on a long history of treaties, legislation, executive orders and the U.S. Constitution.
Pursuant to federal law, the United States already has a legitimate process in place for granting official recognition to American Indian nations. The Federal Recognition Process requires extensive documentation, including verification of continuous existence as an Indian tribe since 1900, and generally takes considerable time to complete.
States do not have such a relationship. Historically and legally, states have been excluded from dealing with Indian nations. The foundation for state exclusion is rooted in the Constitution of the United States, effectively making state recognition unconstitutional.
There are over 200 groups across the United States claiming to be Cherokee. These groups cannot meet the requirements set forth by the Department of the Interior, Bureau of Indian Affairs Branch of Federal Acknowledgement and Research.
This actually makes sense, if you think about it. You can't have one state make a declaration of war while another state makes a declaration of peace. There has to be consistent law and order in all 50 states, so international matters must be left up to the federal government to enact and enforce.
The Fabricated Tribes Resolution
JOINT COUNCIL OF THE CHEROKEE NATION AND THE EASTERN BAND OF CHEROKEE INDIANS
Resolution 1# 00-08 A RESOLUTION OPPOSING FABRICATED CHEROKEE "TRIBES" AND "INDIANS"WHEREAS, the Cherokee Nation and the Eastern Band of Cherokee Indians since time immemorial have exercised the sovereign rights of self-government on behalf of the Cherokee people; and
WHEREAS, the Cherokee Nation and the Eastern Band of Cherokee Indians are federally recognized Indian Nations with a historic and continual government to government relationship with the United States of America; and
WHEREAS, the Joint Council unites the Legislative Branches of government of the Cherokee Nation and the Eastern Band of Cherokee Indians, representing approximately 294,000 Cherokee people throughout the United States of America; and
WHEREAS, the two Cherokee Tribal governments share a common history prior to forced removal in 1838, and then separate histories to the present, yet our common language, culture, and traditions have made the Cherokee Nation and the Eastern Band of Cherokee Indians distinct and unique Native people from other Indian Tribes and other people, as was declared by the Joint Council in Resolution No. 3-92, adopted on August 11, 1992 in Cherokee, North Carolina; and
WHEREAS, the Cherokee Nation has been aware of a growing number of non-Indian groups claiming to be Cherokee tribes or bands and that these groups have been organizing and attempting to gain federal recognition, this problem being acknowledged by the Joint Council in Resolution No. 008, adopted on October 3, 1988 in Cherokee, North Carolina; and
WHEREAS, the Department of the Interior through the Bureau of Indian Affairs' Branch of Acknowledgment and Research maintains the responsibility for addressing specific applications for federal recognition and the Cherokee Nation and Eastern Band of Cherokee Indians fully support the federal recognition process; and
WHEREAS, the history of the Cherokee Nation and Eastern Band of Cherokee Indians is well documented and no other tribes or bands of Cherokee Indians exist aside from those already federally recognized, which includes the United Keetoowah Band of Cherokee Indians in Oklahoma; and
WHEREAS, the Eastern Band of Cherokee Indians and the Cherokee Nation in Joint Council assembled in Resolution No. 4-96, adopted on October 4, 1996 have previously expressed opposition to the "state recognition" process by the State of Georgia or other states in the United States who may seek to recognize a group of 'Cherokee' that do not already have federal recognition;
WHEREAS, public funding by pseudo-Cherokee Tribes is of epidemic proportions and often involves membership fees; misleading presentations to school children and interference in a multitude of government functions including child welfare cases; and
WHEREAS, the sovereignty and reputation of the Cherokee Nation and the Eastern Band of Cherokee Indians, as well as members the general public continue to be in jeopardy due to the acts of individuals who organize and administer fabricated Cherokee tribes; and
WHEREAS, untold millions of federal dollars that are appropriated for the benefit of tribal people are being diverted from their intended purpose, including money distributed by federal agencies such as the Department of Health and Human Services, Administration for Native Americans, the Department of Labor, Department of Education, Department of Agriculture, and other federal agencies.
NOW THEREFORE BE IT RESOLVED, that the Joint Council of the Cherokee Nation and the Eastern Band of Cherokee Indians do hereby support the federal recognition process of the Department of the Interior as administered by the Bureau of Indian Affairs Branch of Acknowledgment and Research, and endorse the criteria used by the Bureau of Indian Affairs as appropriate; and
BE IT FURTHER RESOLVED, that the Cherokee Nation and Eastern Band of Cherokee Indians denounce the state or federal recognition of any further 'Cherokee' tribes or bands, aside from the those already federally recognized, and commit to exposing and assisting state and federal authorities in eradicating any group which attempts or claims to operate as a government of the Cherokee people; and
BE IT FURTHER RESOLVED, that no public funding from any federal or state government should be expended on behalf of non-federally recognized 'Cherokee' tribes or bands or the individual members thereof; and
BE IT FURTHER RESOLVED, that the Cherokee Nation and Eastern Band of Cherokee Indians shall call for a full accounting of all federal monies given to state recognized, unrecognized or 501(c)(3) charitable organizations that claim any Cherokee affiliation.
BE IT FURTHER RESOLVED, that the federal and state governments should stringently apply a federal definition of "Indian" that includes only citizens of federally recognized Indian tribes, to prevent non-Indians from selling membership in 'Cherokee' tribes for the purpose of exploiting the Indian Arts and Crafts Act.
BE IT FURTHER RESOLVED that no 501(c)(3) organization, state recognized or unrecognized groups shall be acknowledged as Cherokee,
BE IT FURTHER RESOLVED that any individual who is not a member of a federally recognized Cherokee tribe, in academia or otherwise, is hereby discouraged from claiming to speak as a Cherokee, or on behalf of Cherokee citizens, or using claims of Cherokee heritage to advance his or her career or credentials.
BE IT FINALLY RESOLVED, that this Resolution shall be the policy of the Joint Council of the Cherokee Nation and the Eastern Band of Cherokee Indians until it is withdrawn or modified by subsequent resolution.
The Inter-Tribal Council of the Five Civilized Tribes
Resolution Number FY09-07
WHEREAS, the Inter-Tribal Council of the Five Civilized Tribes is an organization that unites the tribal governments of the Muscogee (Creek), Chickasaw, Choctaw, Cherokee, and Seminole nations, representing over 500,000 Indian people throughout the United States, and,
WHEREAS, under federal law Indian nations, tribes, and bands, mean domestic, dependent nations which are governments with long standing status and government-to-government relations with the United States of America, and,
WHEREAS, there are persons who claim Indian heritage who have organized heritage groups and cultural promotion clubs who are not eligible for citizenship nor are members in federally recognized nations, tribes, and bands, and,
WHEREAS, these heritage groups and cultural promotion clubs have sought to be recognized by states as "state recognized tribes,"
NOW THEREFORE, BE IT RESOLVED, that the Inter-Tribal Council of the Five Civilized Tribes objects to the recognition of Indian heritage groups and cultural clubs by states as "state recognized tribes,"
BE IT FURTHER RESOLVED, that the Inter-Tribal Council of the Five Civilized Tribes encourages the United States Congress to limit the expenditure of funding designed for American Indian and Native American nations, tribes, and bands to federally recognized nations, tribes, and bands.
The foregoing resolution was adopted by the Inter-Tribal Council of the Five Civilized Tribes meeting in Goldsby, Oklahoma on May 21, 2009, by the vote of 5 for, 0 against, and 0 abstentions.
To see the above documents for yourself, see the fraudulent tribes documents at Cherokee.org.
For more details about tribal membership issues, visit our section on Cherokee Citizenship.