Federal Recognition
Such a relationship or federal
recognition by the U.S. implies responsibilities to Native Americans in exchange
for their land and ways of life that were given up when treaties were signed.
The U.S. also acknowledges certain rights of self-government that were not given
up by the Native Americans when a foreign government, the U.S., was established
on North American soil.
Throughout the 19th Century and much of the 20th Century, the Wabanaki People of
Maine were considered "state Indians", because they had never signed any
treaties with the federal government. As a result of legal action brought
by the Passamaquoddy Tribe, they finally received federal recognition during the
late 1970s.
This victory of federal recognition would once have been considered a defeat.
It was not the aim of Wabanaki diplomacy in the 17th and 18th centuries to
become a ward of the United States (a domestic dependent nation), but to
continue to exercise complete sovereignty.
Federal recognition of the Passamaquoddy Tribe and the Penobscot Indian Nation
meant that the reservations fell under federal law and not state law, and that
both groups could begin to exercise some of the rights that the State of Maine
had never recognized, e.g., the right to have their own court systems.
There were other rights, too, such as control and regulation of hunting and
fishing on the reservation, jurisdiction over foster care for Passamaquoddy and
Penobscot children, and the right to establish air quality standards on the
reservations that would be upheld by surrounding towns. It also meant that
they were entitled to health services and other federal programs for Native
Americans.