The FANA Member Nations are not federally recognized, nor are they seeking to secure any federal recognition relationship. Rather, the FANA Member Nations possess a pre-colonial American Indian tribal status, standing and jurisdiction whose aboriginality is not subject to recognition from any foreign person, entity or Nation.

The pre-colonial status, standing and jurisdiction of the FANA Member Nations is substantiated by six (6) key criteria:

1. Aboriginal and historic ties to specific ancestral territories​
​2. A tribal body comprised of Tribal Citizens with direct blood heritage to their respective and specific Tribal Nation
3. Leadership (a) with a direct blood lineage to a prominent Chief acknowledged during the colonial era; or (b) with a maintained presence in and relationship with their ancestral lands
4. International commercial viability
5. An organized and functioning tribal governance structure
6. Acknowledgement from other pre-colonial status American Indian Tribes

All FANA Member Nations have substantiated the validity of their claims and established commercial viability through private foreign American Aborigine Tribal Trust, established in accordance with international Hague Trust Treaty standards. In harmony with applicable state law, each FANA Member Nation has filed an Affidavit Constructive and Public Notice of the chartering of their tribal trust at their local County Registry of Deeds and
has sent notice of the filing to all pertinent State and Federal authorities.
 
Appropriately, each FANA Member Nation possess an international and aboriginal status and standing, exists in an aboriginal jurisdiction that is foreign to the U.S., and is entitled to Article III and Treaty right protections under the Constitution of the United States as a pre-colonial American Indian Tribe.