Bart Stupak and Justin Nemeroff published “2015 Acknowledgement Regulations Invalidate Native American Treaties” in the August 2019 issue of the Michigan Bar Journal. The following is an excerpt:
Before 1978, the existence of a treaty alone between a Native American group and the federal government was conclusive evidence to demonstrate a government-to-government relationship. Today, groups seeking federal acknowledgement as a Native American tribe must undertake an arduous petitioning process, referred to as Part 83.