The Past and Present: A Modern Story of Native American Recognition

November marks Native American Heritage Month, a time dedicated to honoring the history and culture of North America’s Indigenous tribes, whose roots in this land extend back thousands of years. While much of the focus often falls on well-known historical moments, such as the first Thanksgiving or the era of westward expansion, it is equally important to recognize that Native American history continues to evolve in the present day.

A recent case involving the Nanticoke Lenni-Lenape Tribal Nation (“the Tribe”) and the State of New Jersey underscores this point. The Tribe, whose origins trace back over 10,000 years to the area now known as New Jersey, was officially recognized by the state in 1982. This recognition provided access to state and federal benefits, as well as programs supporting economic development.

However, in 2011, an issue arose when a staff member from New Jersey’s Commission on Indian Affairs reportedly informed the U.S. Government Accountability Office (“GAO”) that the State had no tribes that were officially recognized at that time. At the time, the GAO was reviewing the status of tribal recognition nationwide. Based on this information, the GAO issued a report that questioned the Tribe’s recognized status at the federal level, leading to confusion within the New Jersey Attorney General’s Office about whether the Tribe retained State recognition.

The resulting uncertainty had significant implications. The Tribe reported losing access to federal grants, scholarships, and contracts previously secured by tribal-owned businesses. In 2015, the Tribe filed state and federal lawsuits, alleging that New Jersey’s statements to the GAO undermined its recognized status and caused economic harm.

In 2018, the State of New Jersey and the Tribe reached a settlement. The State reaffirmed the Tribe’s recognition and provided $2.4 million in compensation, while clarifying that it took no position on liability or wrongdoing. As part of the agreement, the Tribe disclaimed any interest in casino gaming rights, an issue raised by the State during the litigation.

This case illustrates how questions of tribal recognition are not confined to the past but remain relevant in contemporary contexts. As Native American Heritage Month encourages reflection on the rich traditions and histories of Indigenous peoples, it is a reminder that the challenges faced by tribes are part of an ongoing story—one that continues to unfold today.