Cherokee Registry

It is most important to realize the difference in people of Cherokee ancestry and those who can claim to "be Cherokee" today. Consider that the Cherokee are a "Nation" and as such have their own law of citizenship. That law presently says that a "Cherokee" is a person who is enrolled in a Cherokee tribe. Anyone having even the most detailed family tree with documentation and photographs leading far into the past still does not qualify as a Cherokee tribal member unless that person can prove their ancestor is listed on one of two U.S. government rolls. These are the Dawes roll and the Baker roll. This difference in definition can cause deep emotions among enrolled members as well as those unable to qualify for enrollment. To add to the confusion, Shawnee, Delaware may also meet the requirements. The status of the Freedmen (former slaves) continues to be debated both in and out of the courts.

The problem comes when a person says "I am Cherokee" rather than "I have Cherokee heritage" or "I am of Cherokee descent". Today a person is a Cherokee if they are a member of a Cherokee tribe. This has become a very important distinction because of the number of fraudulent tribes, celebrities, artists, musicians and others who have chosen to use the name to further their careers or to take advantage of unsuspecting people. It may seem harsh to some who are proud of their own family history to feel they are denied the "right" to call themselves Cherokee. It may seem a sacrifice to some, but there as so many claiming to speak for the Cherokee, to sell, to rewrite history and to even steal federal funding meant for the tribe that it has caused a need to take a very hard stance.

We provide on this website helpful information designed to aid you in researching your family tree, locating documentation and learning of the culture and history of the Cherokee people. If you are unable to gain enrollment in a federally recognized tribe, you may and should still be proud of your heritage. Cherokee Nation spokesman Mike Miller spoke of this when he said there are "people who have family with Cherokee heritage who are interested in the language and culture, and we certainly encourage that". You may still enjoy the culture, museums, learn the language, and participate in many activities. To quote Cherokee David Cornsilk, "We don't ask for a tribal card to visit our ceremonial grounds. No one has ever asked if you have a tribal card to visit or even participate in a powwow (which are not Cherokee, btw). The women who cook at my ceremonial ground have never asked anyone for a tribal card before they hand them a plate and say ha-sta-di (come eat)".

Fraudulent groups passing themselves off as tribes have become big business during the past two decades, with more than 200 that claim to be some sort of Cherokee tribe. However, there are only three federally-recognized Cherokee tribes: two in Oklahoma and one in North Carolina. Many of the would-be Cherokee "tribes" are cultural societies or history clubs, whose members may or may not belong to any of the federally-recognized tribes. Still others are harmful, and some are even created for criminal purposes.

False tribes use elements of the names of real tribes in order to confuse the public and bolster their legitimacy. Consider the “Northern Cherokee Nation of Missouri and Arkansas.” In trademark law this similarity of name with Cherokee Nation is called dilution. Confusion between the true tribe and the imposters causes the public to think less of the true tribe. In fact, when the public sees these false tribes simply organize ex nihilo (out of nothing) and receive Indian benefits, the image of all real tribes is diluted.

The “Southern Cherokee Nation” recently filed an application for a trademark, Serial No.: 78758494. Cherokee Nation opposed the application. Recognizing the obvious confusion caused by the similarity of names the application was withdrawn. However getting a federal trademark is another basis that groups use to claim federal recognition. True tribes must watch trademark applications to oppose those claiming rights to similar named true tribes. Fortunately the Trademark office has created an “Indian Desk” that watches for infringement on tribal names and insignia. Unfortunately the USPTO also accepts state recognized tribes’ insignia, giving another apparent instance of federal recognition.

Another significant problem is created by a loophole in the Indian Arts and Crafts Act. The loophole arises because there are no minimum standards for what a state must require in order to recognize a tribe or for how these tribes can enroll members. Some states only require a letter from the governor. Some have given legislative resolutions. Membership in these groups is even easier. Typically an application form and a few dollars will qualify a person for membership and allow them to claim that their arts and crafts are Indian. So in order to sell “Indian Art,” a person only has to find a state recognized tribe with loose enrollment requirements, and there are many, and become a member.

In contrast the BIA strictly oversees the membership of federally recognized Indian tribes. Treaties, rolls, tribal law, and genealogy documents all must be in order for a person to be a member of a federally recognized tribe. Enrollment disputes are common in Indian country today. But no federally recognized tribe would seriously consider opening membership to applicants without regard to genealogy as most state recognized tribes are allowed to do. This loophole makes the act so easy to comply with that it offers no real protection to true Indian artists.

This article is is excerpted from "Sovereignty at Risk: Identity Theft, Revisionism, and the Creation of False Tribes". Read the document in it's entirety here .