This article needs additional citations for verification .(December 2021) |
In the United States, an American Indian tribe, Native American tribe, Alaska Native village, Indigenous tribe, or Tribal nation may be any current or historical tribe, band, or nation of Native Americans in the United States. Modern forms of these entities are often associated with land or territory of an Indian reservation. "Federally recognized Indian tribe" is a legal term in United States law with a specific meaning.
A Native American tribe recognized by the United States government possesses tribal sovereignty, a "domestic dependent, sovereign nation" status [1] with the U.S. federal government that is similar to that of a state in some situations, and that of a nation in others, holding a government-to-government relationship with the federal government of the United States.
Many terms used to describe Indigenous peoples of the United States are contested but have legal definitions that are not always understood by the general public.
The term tribe is defined in the United States for some federal government purposes to include only tribes that are federally recognized by the Bureau of Indian Affairs (BIA), and those Alaska Native tribes established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. Such tribes, including Alaska Native village or regional corporations recognized as such, are known as "federally recognized tribes" and are eligible for special programs and services provided by the United States. The BIA, part of the US Department of the Interior, issues Certificate of Degree of Indian Blood, which tribes use as a basis for tribal enrollment in most cases. Federally recognized tribes are "unique governmental entities and are not extensions of State or local governments." [1]
Some tribes, such as the United Houma Nation, do not have federal recognition, but are recognized at the state level using procedures defined by various states, without regard to federal recognition. Other organizations self-identify as Native American tribes for a variety of reasons; they may be a scattered tribe who no longer exist as an organized nation, or they have not completed the certification process established by the government entities in question, they may have lost their recognition through termination, or they may be a group of non-Native individuals seeking recognition as a tribe for other reasons.
Some federally recognized tribes are confederacies of more than one tribe. Historically, the State of California formed rancherias and Nevada formed Indian Colonies. Multiethnic entities were formed by the U.S. federal government or by treaty with the U.S. government for the purpose of being assigned to reservations. For example, 19 tribes that existed in 1872 combined at that time to form the Colville Confederated Tribes, which is now the single federally recognized tribe, Colville Indian Reservation in Washington state.
The international meaning of the English word tribe is a people organized with a non–state government, who typically claim descent from a common founder and who speaks the same language.
In addition to their status as legal entities, tribes have political, social, and historical rights and responsibilities. The term also refers to communities of Native Americans who historically inhabit a particular landbase and share a language and culture. [2]
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.
Public Law 280 is a federal law of the United States that changes legal jurisdiction on Indian lands and over Indian persons. The law transfers some jurisdiction from the federal government to states in both civil and criminal cases in certain places. It was passed in 1953.
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives, and administering and managing over 55,700,000 acres (225,000 km2) of reservations held in trust by the U.S. federal government for indigenous tribes. It renders services to roughly 2 million indigenous Americans across 574 federally recognized tribes. The BIA is governed by a director and overseen by the Assistant Secretary for Indian Affairs, who answers to the Secretary of the Interior.
An American Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation, whose government is autonomous, subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs, and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.
The Golden Hill Paugussett is a state-recognized Native American tribe in Connecticut. Granted reservations in a number of towns in the 17th century, their land base was whittled away until they were forced to reacquire a small amount of territory in the 19th century. Today they retain a state-recognized reservation in the town of Trumbull, and have an additional reservation acquired in 1978 and 1980 in Colchester, Connecticut.
The Native Hawaiian Government Reorganization Act of 2009 S1011/HR2314 was a bill before the 111th Congress. It is commonly known as the Akaka Bill after Senator Daniel Akaka of Hawaii, who proposed various forms of this bill after 2000.
The Schaghticoke are a Native American tribe of the Eastern Woodlands who historically consisted of Mahican, Potatuck, Weantinock, Tunxis, Podunk, and their descendants, peoples indigenous to what is now New York, Connecticut, and Massachusetts. The remnant tribes amalgamated in the area near the Connecticut-New York border after many losses, including the sale of some Schaghticoke and members of neighboring tribes into slavery in the Caribbean in the 1600s.
State-recognized tribes in the United States are organizations that identify as Native American tribes or heritage groups that do not meet the criteria for federally recognized Indian tribes but have been recognized by a process established under assorted state government laws for varying purposes or by governor's executive orders. State recognition does not dictate whether or not they are recognized as Native American tribes by continually existing tribal nations.
The Brothertown Indians, located in Wisconsin, are a Native American tribe formed in the late 18th century from communities descended from Pequot, Narragansett, Montauk, Tunxis, Niantic, and Mohegan (Algonquian-speaking) tribes of southern New England and eastern Long Island, New York. In the 1780s after the American Revolutionary War, they migrated from New England into New York state, where they accepted land from the Iroquois Oneida Nation in Oneida County.
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.
Native American recognition in the United States, for tribes, usually means being recognized by the United States federal government as a community of Indigenous people that has been in continual existence since prior to European contact, and which has a sovereign, government-to-government relationship with the Federal government of the United States. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. This recognition comes with various rights and responsibilities. The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership. They may form their own government, enforce laws, tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money.
The National Congress of American Indians (NCAI) is an American Indian and Alaska Native rights organization. It was founded in 1944 to represent the tribes and resist U.S. federal government pressure for termination of tribal rights and assimilation of their people. These were in contradiction of their treaty rights and status as sovereign entities. The organization continues to be an association of federally recognized and state-recognized Indian tribes.
Native American self-determination refers to the social movements, legislation and beliefs by which the Native American tribes in the United States exercise self-governance and decision-making on issues that affect their own people.
Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982), was a case in which the Supreme Court of the United States holding that an Indian tribe has the authority to impose taxes on non-Indians that are conducting business on the reservation as an inherent power under their tribal sovereignty.
The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:
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.
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.