The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian New Deal".
Pender is a village in and the county seat of Thurston County, Nebraska, United States. On March 22, 2016, the United States Supreme Court resolved a disagreement as to whether Pender is located on the Omaha Indian Reservation, holding unanimously that "the disputed land is within the reservation’s boundaries." The predominantly European-American population was 1,115 at the 2020 census.
Whiteclay is a census-designated place in Sheridan County, Nebraska, United States. The population was 10 at the 2010 census.
The Omaha Tribe of Nebraska are a federally recognized Midwestern Native American tribe who reside on the Omaha Reservation in northeastern Nebraska and western Iowa, United States. There were 5,427 enrolled members as of 2012. The Omaha Reservation lies primarily in the southern part of Thurston County and northeastern Cuming County, Nebraska, but small parts extend into the northeast corner of Burt County and across the Missouri River into Monona County, Iowa. Its total land area is 307.03 sq mi (795.2 km2) and the reservation population, including non-Native residents, was 4,526 in the 2020 census. Its largest community is Pender.
Lone Wolf v. Hitchcock, 187 U.S. 553 (1903), was a landmark United States Supreme Court case brought against the US government by the Kiowa chief Lone Wolf, who charged that Native American tribes under the Medicine Lodge Treaty had been defrauded of land by Congressional actions in violation of the treaty.
Native American tribes in the U.S. state of Nebraska have been Plains Indians, descendants of succeeding cultures of indigenous peoples who have occupied the area for thousands of years. More than 15 historic tribes have been identified as having lived in, hunted in, or otherwise occupied territory within the current state boundaries.
The Omaha Reservation of the federally recognized Omaha tribe is located mostly in Thurston County, Nebraska, with sections in neighboring Cuming and Burt counties, in addition to Monona County in Iowa. As of the 2020 federal census, the reservation population was 4,526. The tribal seat of government is in Macy. The villages of Rosalie, Pender and Walthill are located within reservation boundaries, as is the northernmost part of Bancroft. Due to land sales in the area since the reservation was established, Pender has disputed tribal jurisdiction over it, to which the Supreme Court ruled unanimously in 2016 that "the disputed land is within the reservation’s boundaries."
The Winnebago Reservation of the Winnebago Tribe of Nebraska is located in the U.S. in Thurston County, Nebraska, United States. The tribal council offices are located in the town of Winnebago. The villages of Emerson, south of First Street, as well as Thurston, are also located on the reservation. The reservation occupies northern Thurston County, Nebraska, as well as southeastern Dixon County and Woodbury County, Iowa, and a small plot of off-reservation land of southern Craig Township in Burt County, Nebraska. The other federally recognized Winnebago tribe is the Ho-Chunk Nation of Wisconsin.
Solem v. Bartlett, 465 U.S. 463 (1984), was a United States Supreme Court case involving Indian country jurisdiction in the United States that decided that opening up reservation lands for settlement by non-Indians does not constitute the intent to diminish reservation boundaries. Therefore, reservation boundaries would not be diminished unless specifically determined through acts of Congress.
Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978), was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. In so doing, the Court advanced a theory of tribal sovereignty that weighed the interests of tribes sufficient to justify a law that, had it been passed by a state legislature or Congress, would have almost certainly been struck down as a violation of equal protection.
Bryan v. Itasca County, 426 U.S. 373 (1976), was a case in which the Supreme Court of the United States held that a state did not have the right to assess a tax on the property of a Native American (Indian) living on tribal land absent a specific Congressional grant of authority to do so.
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title. Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust.
Ex parte Crow Dog, 109 U.S. 556 (1883), is a landmark decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land. Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief; there are different accounts of the background to the killing. The tribal council dealt with the incident according to Sioux tradition, and Crow Dog paid restitution to the dead man's family. However, the U.S. authorities then prosecuted Crow Dog for murder in a federal court. He was found guilty and sentenced to hang.
An Organic Act is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history an explanation of the Oklahoma Organic Act needs a historic perspective. In general, the Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction, enacted by Congress in preparation for the creation of a united State of Oklahoma. The Organic Act created Oklahoma Territory, and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property.
Both the Oklahoma and Indian Territories contained suzerain Indian nations that had legally established boundaries. The US federal government allotted collective tribal landholdings through the allotment process before the establishment of Oklahoma as a state in 1907. Tribal jurisdictional areas replaced the tribal governments, with the exception of the Osage Nation. As confirmed by the Osage Nation Reaffirmation Act of 2004, the Osage Nation retains mineral rights to their reservation, the so-called "Underground Reservation".
Thomas Louis Sloan was a Native American lawyer and activist. Sloan worked alongside his partner, Hiram Chase, for much of his career. Sloan has a history of activism dating back to his teenage years. In 1911, he helped found the Society of American Indians. In addition, he established the first Indian-owned law office in Washington D.C. in 1912. Sloan was an activist for the citizenship of all Native Americans.
Diminishment is the legal process by which the United States Congress can reduce the size of an Indian reservation.
Sharp v. Murphy, 591 U.S. ___ (2020), was a Supreme Court of the United States case of whether Congress disestablished the Muscogee (Creek) Nation reservation. After holding the case from the 2018 term, the case was decided on July 9, 2020, in a per curiam decision following McGirt v. Oklahoma that, for the purposes of the Major Crimes Act, the reservations were never disestablished and remain Native American country.
Patchak v. Zinke, 583 U.S. ___ (2018), is a United States Supreme Court case in which the Court upheld the Gun Lake Trust Land Reaffirmation Act, which precludes federal courts from hearing lawsuits involving a particular parcel of land. Although six Justices agreed that the Gun Lake Act was constitutional, they could not agree on why. In an opinion issued by Justice Thomas, a plurality of the Court read the statute to strip federal courts of jurisdiction over cases involving the property and held that this did not violate Article Three of the United States Constitution. In contrast, Justices Ginsburg and Sotomayor, both of whom concurred in the judgment, upheld the Act as a restoration of the government's sovereign immunity. Chief Justice Roberts, writing for himself and Justices Kennedy and Gorsuch, dissented on the ground that the statute intruded on the judicial power, in violation of Article III.
