What is the test for establishing a sovereign Indian tribe?

MultiRegion, United States of America

The following excerpt is from Native Village of Venetie I.R.A. Council v. State of Alaska, 918 F.2d 797 (9th Cir. 1990):

United States v. Wheeler, 435 U.S. 313, 322-23, 98 S.Ct. 1079, 1085-86, 55 L.Ed.2d 303 (1978) (citations, quotations, and emphasis omitted). In short, Indian tribes are currently recognized as sovereign because they were, in fact, sovereign before the arrival of non-natives on this continent.

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