The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:
Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Law and U.S. public policy related to Native Americans have evolved continuously since the founding of the United States. David R. Wrone argues that the failure of the treaty system was because of the inability of an individualistic, democratic society to recognize group rights or the value of an organic, corporatist culture represented by the tribes. [1]
List of United States Supreme Court cases involving Indian tribes
The federal government was in charge of relations with the Indians, and the procedure was to use the treaty making power of the president and the Senate to make formal arrangements. Over 200 treaties were agreed upon by 1840. Gatlin argues that treaties established a procedure that benefited both parties. The federal government was primarily interested in guaranteeing that Indian lands did not fall into private hands, and that it handled all negotiations with the tribes. These negotiations, says Gatlin, strengthened the tribes sense of unity and leadership. The land sales gave the Indians a steady flow of income, and guarantees of federal financial, medical, and educational aid. [2]
Many of the treaties remain in effect and are of special importance regarding federal recognition of tribal status, hunting and fishing rights, rights to protection of sacred properties, rights to water and minerals, and land claims. [3] [4] The federal courts have a long, continuous history of litigation on these issues. The Supreme Court endorsed the procedure, with over 300 decisions making reference to Indian treaties after 1799. [5]
The following individuals have played an important role in the evolution of Federal Indian Law and Policy through activism, literature and other methods.
The following organizations have played an important role in the evolution of Federal Indian Law and Policy through activism, lobbying, government oversight and education.
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: CS1 maint: location (link)Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the United States government for the relocation of Native Americans who held original Indian title to their land as an independent nation-state. The concept of an Indian territory was an outcome of the U.S. federal government's 18th- and 19th-century policy of Indian removal. After the American Civil War (1861–1865), the policy of the U.S. government was one of assimilation.
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
The Yakama Indian Reservation is a Native American reservation in Washington state of the federally recognized tribe known as the Confederated Tribes and Bands of the Yakama Nation. The tribe is made up of Klikitat, Palus, Wallawalla, Wenatchi, Wishram, and Yakama peoples.
The Wyandotte Nation is a federally recognized Native American tribe headquartered in northeastern Oklahoma. They are descendants of the Wendat Confederacy and Native Americans with territory near Georgian Bay and Lake Huron. Under pressure from Haudenosaunee and other tribes, then from European settlers and the United States government, the tribe gradually moved south and west to Michigan, Ohio, Kansas, and finally Oklahoma in the United States.
The Indian Citizenship Act of 1924, was an Act of the United States Congress that imposed U.S. citizenship on the indigenous peoples of the United States. While the Fourteenth Amendment to the United States Constitution defines a citizen as any persons born in the United States and subject to its laws and jurisdiction, the amendment had previously been interpreted by the courts not to apply to Native peoples.
Indian termination is a phrase describing United States policies relating to Native Americans from the mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considers "civilized" had been the basis of policy for centuries. What was new, however, was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans." To that end, Congress set about ending the special relationship between tribes and the federal government.
Indian removals in Indiana followed a series of the land cession treaties made between 1795 and 1846 that led to the removal of most of the native tribes from Indiana. Some of the removals occurred prior to 1830, but most took place between 1830 and 1846. The Lenape (Delaware), Piankashaw, Kickapoo, Wea, and Shawnee were removed in the 1820s and 1830s, but the Potawatomi and Miami removals in the 1830s and 1840s were more gradual and incomplete, and not all of Indiana's Native Americans voluntarily left the state. The most well-known resistance effort in Indiana was the forced removal of Chief Menominee and his Yellow River band of Potawatomi in what became known as the Potawatomi Trail of Death in 1838, in which 859 Potawatomi were removed to Kansas and at least forty died on the journey west. The Miami were the last to be removed from Indiana, but tribal leaders delayed the process until 1846. Many of the Miami were permitted to remain on land allotments guaranteed to them under the Treaty of St. Mary's (1818) and subsequent treaties.
The Harvard Project on American Indian Economic Development, also known as the Harvard Project, was founded in 1987 at Harvard Kennedy School at Harvard University. It administers tribal awards programs as well as provides support for students and conducting research. The Harvard Project aims to understand and foster the conditions under which sustained, self-determined social and economic development is achieved among American Indian nations through applied research and service.
The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress has legal authority over tribal reservations. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.
The Sac and Fox Nation of Missouri in Kansas and Nebraska is one of three federally recognized Native American tribes of Sac and Meskwaki (Fox) peoples. Their name for themselves is Nemahahaki and they are an Algonquian people and Eastern Woodland culture.
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.
Oklahoma Tribal Statistical Area is a statistical entity identified and delineated by federally recognized American Indian tribes in Oklahoma as part of the U.S. Census Bureau's 2010 Census and ongoing American Community Survey. Many of these areas are also designated Tribal Jurisdictional Areas, areas within which tribes will provide government services and assert other forms of government authority. They differ from standard reservations, such as the Osage Nation of Oklahoma, in that allotment was broken up and as a consequence their residents are a mix of native and non-native people, with only tribal members subject to the tribal government. At least five of these areas, those of the so-called five civilized tribes of Cherokee, Choctaw, Chickasaw, Creek and Seminole, which cover 43% of the area of the state, are recognized as reservations by federal treaty, and thus not subject to state law or jurisdiction for tribal members.
Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, 439 U.S. 463 (1979), was a case in which the Supreme Court of the United States held that the State of Washington's imposition of partial jurisdiction over certain actions on an Indian reservation, when not requested by the tribe, was valid under Public Law 280.
Oklahoma Tax Commission v. Sac & Fox Nation, 508 U.S. 114 (1993), was a case in which the Supreme Court of the United States held that absent explicit congressional direction to the contrary, it must be presumed that a State does not have jurisdiction to tax tribal members who live and work in Indian country, whether the particular territory consists of a formal or informal reservation, allotted lands, or dependent Indian communities.
The Native American peoples of Oregon are the set of Indigenous peoples who have inhabited or who still inhabit the area delineated in today's state of Oregon in the Pacific Northwest region of the United States. While the state of Oregon currently maintains relations with nine federally recognized tribal groups, the state was previously home to a much larger number of autonomous tribal groups, which today either no longer exist or have been absorbed into these larger confederated entities. Six of the nine tribes gained federal recognition in the late 20th century, after undergoing the termination and restoration of their treaty rights starting in the 1950s.
The Intertribal Buffalo Council (ITBC), also known as the Intertribal Bison Cooperative, is a collection of 82 federally recognized tribes from 20 different states whose mission is to restore buffalo to Indian Country in order to preserve the historical, cultural, traditional, and spiritual relationships for future Native American generations.