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103-520: 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 ". The Act also restored to Indians the management of their assets—land and mineral rights —and included provisions intended to create
206-611: A "dictator" and accused him of a "near reign of terror" on the Navajo reservation. Dippie adds, "[h]e became an object of 'burning hatred' among the very people whose problems so preoccupied him." Historians have mixed reactions to the Indian New Deal. Many praise Collier's energy and his initiative. Kenneth R. Philp praised Collier's Indian New Deal for protecting Indian freedom to engage in traditional religious practices, obtaining additional relief money for reservations, providing
309-557: A Cherokee ancestor on the Dawes Rolls, although all Cherokee Freedmen and their descendants had been members since 1866. As of 2004, various Native Americans are wary of attempts by others to gain control of their reservation lands for natural resources, such as coal and uranium in the West. The State of Maine is the only State House Legislature that allows Representatives from Indian Tribes. The three nonvoting members represent
412-465: A body of law, Jim Crow institutionalized economic, educational, and social disadvantages for Native Americans, and other people of color living in the south. Native American identity was especially targeted by a system that only wanted to recognize white or colored, and the government began to question the legitimacy of some tribes because they had intermarried with African Americans. Native Americans were also discriminated and discouraged from voting in
515-557: A checkerboard pattern. The land was already divided into 640-acre numbered sections (260 ha) according to the Public Land Survey System ; odd-numbered plots were given to private railroad companies, and the federal government kept even-numbered plots. The federal government believed that because the value of land surrounding railroads would increase as much as twofold, granting land to private railroad companies would theoretically pay for itself and also increase
618-495: A federal Indian trust relationship are based. Cultural activism since the late 1960s has increased the participation of Indigenous peoples in American politics. It has also led to expanded efforts to teach and preserve Indigenous languages for younger generations, and to establish a more robust cultural infrastructure: Native Americans have founded independent newspapers and online media outlets, including First Nations Experience ,
721-470: A large degree of tribal sovereignty . For this reason, many Native American reservations are still independent of state law and the actions of tribal citizens on these reservations are subject only to tribal courts and federal law. The Indian Citizenship Act of 1924 granted US citizenship to all Native Americans born in the US who had not yet obtained it. This emptied the "Indians not taxed" category established by
824-724: A more collective basis than the culture which Europeans were familiar with. Most Indigenous American tribes treated their hunting grounds and agricultural lands as land that could be used by their entire tribe. Europeans had developed concepts of individual property rights with respect to land that were extremely different. The differences in cultures, as well as the shifting alliances among different nations during periods of warfare, caused extensive political tension, ethnic violence, and social disruption. Native Americans suffered high fatality rates from contact with European diseases that were new to them, and to which they had not acquired immunity . Smallpox epidemics are thought to have caused
927-475: A resolution recommending that the federal and legislative branches of the U.S. government terminate tribal governments. In 2007, a group of Democratic Party congressmen and congresswomen introduced a bill in the U.S. House of Representatives to terminate Federal recognition of the Cherokee Nation . This was related to their voting to exclude Cherokee Freedmen as members of the tribe unless they had
1030-530: A sound economic foundation for the residents of Indian reservations . Total U.S. spending on Indians averaged $ 38 million a year in the late 1920s, dropping to an all-time low of $ 23 million in 1933, and reaching $ 38 million in 1940. The IRA was the most significant initiative of John Collier , who was President Franklin D. Roosevelt 's Commissioner of the Bureau of Indian Affairs (BIA) from 1933 to 1945. He had long studied Indian issues and worked for change since
1133-417: A structure for self-government, and enlisting the help of anthropologists who respected traditional cultures. However, he concludes that the Indian New Deal was unable to stimulate economic progress, nor did it provide a usable structure for Indian politics. Philp argues these failures gave ammunition to the return to the previous policy of termination that took place after Collier resigned in 1945. In surveying
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#17327733820601236-400: A variety of diseases, but in many cases this happened long after Europeans first arrived. When severe epidemics did hit, it was often less because Native bodies lack immunity than because European colonialism disrupted Native Communities and damaged their resources, making them more vulnerable to pathogens." After the thirteen British colonies revolted against Great Britain and established
1339-537: Is condescending for such lands to be considered "held in trust" and regulated in any fashion by any entity other than their own tribes. Some tribal groups have been unable to document the cultural continuity required for federal recognition. To achieve federal recognition and its benefits, tribes must prove continuous existence since 1900. The federal government has maintained this requirement, in part because through participation on councils and committees, federally recognized tribes have been adamant about groups' satisfying
1442-608: Is known as the " Kelp Highway ". The early inhabitants by land were classified as Paleo-Indians , who spread throughout the Americas, diversifying into numerous culturally distinct nations. Major Paleo-Indian cultures included the Clovis and Folsom traditions , identified through unique spear points and large-game hunting methods, especially during the Lithic stage . Around 8000 BCE, as the climate stabilized, new cultural periods like
1545-515: Is prevalent in the Western United States and Western Canada because of extensive use in railroad grants for western expansion , although it had its beginnings in the canal land grant era. Checkerboarding in the West occurred as a result of railroad land grants where railroads would be granted every other section along a rail corridor. These grants, which typically extended 6 to 40 miles (10 to 64 km) from either side of
1648-680: Is the largest tribe if only full-blood individuals are counted; the Navajo are the tribe with the highest proportion of full-blood individuals, 86.3%. The Cherokee have a different history; it is the largest tribe, with 819,000 individuals, and it has 284,000 full-blood individuals. As of 2012, 70% of Native Americans live in urban areas, up from 45% in 1970 and 8% in 1940. Urban areas with significant Native American populations include Minneapolis, Denver, Phoenix, Tucson, Chicago, Oklahoma City, Houston, New York City, and Los Angeles. Many live in poverty. Racism, unemployment, drugs and gangs are common problems which Indian social service organizations such as
1751-564: The American Indian Movement (AIM) drawing attention to Indigenous rights. Landmark legislation like the Indian Self-Determination and Education Assistance Act of 1975 recognized tribal autonomy, leading to the establishment of Native-run schools and economic initiatives. Tribal sovereignty has continued to evolve, with legal victories and federal acknowledgments supporting cultural revitalization. By
1854-543: The Archaic stage arose, during which hunter-gatherer communities developed complex societies across North America. The Mound Builders created large earthworks, such as at Watson Brake and Poverty Point , which date to 3500 BCE and 2200 BCE, respectively, indicating early social and organizational complexity. By 1000 BCE, Native societies in the Woodland period developed advanced social structures and trade networks, with
1957-518: The Census Bureau until 1930: American Indians and Alaska Natives as percentage of the total population between 1880 and 2020: Absolute numbers of American Indians and Alaska Natives between 1880 and 2020 (since 1890 according to the Census Bureau ): 78% of Native Americans live outside a reservation. Full-blood individuals are more likely to live on a reservation than mixed-blood individuals. The Navajo , with 286,000 full-blood individuals,
2060-664: The Dawes Act , which undermined communal landholding. A justification for the policy of conquest and subjugation of the Indigenous people emanated from the stereotyped perceptions of Native Americans as "merciless Indian savages" (as described in the United States Declaration of Independence ). Sam Wolfson in The Guardian writes, "The declaration's passage has often been cited as an encapsulation of
2163-548: The General Allotment Act of 1887. By 1934, two-thirds of Indian land had converted to traditional private ownership (i.e., it was owned in fee simple ). Most of that had been sold by Indian allottees, often because they could not pay local taxes on the lands they were newly responsible for. The IRA provided a mechanism for the recovery of land that had been previously sold, including land that had been sold to tribal Indians. They would lose individual property under
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#17327733820602266-791: The Hopewell tradition connecting the Eastern Woodlands to the Great Lakes and the Gulf of Mexico . This period led to the Mississippian culture , with large urban centers like Cahokia —a city with complex mounds and a population exceeding 20,000 by 1250 CE. From the 15th century onward, European contact drastically reshaped the Americas. Explorers and settlers introduced diseases, causing massive Indigenous population declines, and engaged in violent conflicts with Native groups. By
2369-816: The Indigenous peoples of Canada are generally known as First Nations , Inuit and Métis ( FNIM ). The history of Native Americans in the United States began before the founding of the U.S., tens of thousands of years ago with the settlement of the Americas by the Paleo-Indians . The Eurasian migration to the Americas occurred over millennia via Beringia , a land bridge between Siberia and Alaska , as early humans spread southward and eastward, forming distinct cultures and societies. Archaeological evidence suggests these migrations began 60,000 years ago and continued until around 12,000 years ago. Some may have arrived even before this time fishing in kayaks along what
2472-739: The MichGO case for review, thus keeping the previous precedent in place. Additionally, the First, Eighth, and Tenth Circuits of the U.S. Court of Appeals have upheld the constitutionality of the IRA. In 2008, Carcieri v Kempthorne was argued before the U.S. Supreme Court; the Court ruled on it in 2009, with the decision called Carcieri v. Salazar . In 1991, the Narragansett Indian tribe bought 31 acres (130,000 m) of land. They requested that
2575-625: The Mississippi River , in order to accommodate continued European American expansion. This resulted in what amounted to the ethnic cleansing or genocide of many tribes, who were subjected to brutal forced marches . The most infamous of these came to be known as the Trail of Tears . Contemporary Native Americans have a unique relationship with the United States because they may be members of nations, tribes, or bands that have sovereignty and treaty rights upon which federal Indian law and
2678-672: The Pacific Railway Acts between 1862 and 1871, when they were stopped because of public opposition. In total, 79 grants were made, totaling 200,000,000 acres (810,000 km ), later reduced to 131,000,000 acres (530,000 km ). Checkerboarding also occurred with Native American land grants, where native land was intermingled with non-native land. Many Native American tribes opposed checkerboarding, because it broke up traditionally communal native settlements into many individual plots and allowed non-natives to claim land within those settlements. The Dawes Act of 1887 created
2781-620: The Senate Indian Affairs Committee endorsed a bill that would grant federal recognition to tribes in Virginia. As of 2000 , the largest groups in the United States by population were Navajo , Cherokee , Choctaw , Sioux , Chippewa , Apache , Blackfeet , Iroquois , and Pueblo . In 2000, eight of ten Americans with Native American ancestry were of mixed ancestry. It is estimated that by 2100 that figure will rise to nine out of ten. The civil rights movement
2884-734: The United States Constitution , allowed Natives to vote in elections, and extended the Fourteenth Amendment protections granted to people "subject to the jurisdiction" of the United States. However, some states continued to deny Native Americans voting rights for decades. Titles II through VII of the Civil Rights Act of 1968 comprise the Indian Civil Rights Act, which applies to Native American tribes and makes many but not all of
2987-565: The first written accounts of the contact were provided by Europeans . Ethnographers classify the Indigenous peoples of North America into ten geographical regions which are inhabited by groups of people who share certain cultural traits, called cultural areas. The ten cultural areas are: At the time of the first contact, the Indigenous cultures were different from those of the proto-industrial and mostly Christian immigrants. Some Northeastern and Southwestern cultures, in particular, were matrilineal and they were organized and operated on
3090-498: The 1920s, particularly with the American Indian Defense Association . He intended to reverse the assimilationist policies that had resulted in considerable damage to American Indian cultures and to provide a means for American Indians to re-establish sovereignty and self-government, reduce the losses of reservation lands, and build economic self-sufficiency. He believed that Indian traditional culture
3193-537: The 19th century, westward U.S. expansion, rationalized by Manifest destiny , pressured tribes into forced relocations like the Trail of Tears , which decimated communities and redefined Native territories. Despite resistance in events like the Sioux Uprising and Battle of Little Bighorn , Native American lands continued to be reduced through policies like the Indian Removal Act of 1830 and later
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3296-677: The 20th century, these policies focused on forced assimilation . When the United States was established, Native American tribes were considered semi-independent nations, because they generally lived in communities which were separate from communities of white settlers . The federal government signed treaties at a government-to-government level until the Indian Appropriations Act of 1871 ended recognition of independent Native nations, and started treating them as "domestic dependent nations" subject to applicable federal laws. This law did preserve rights and privileges, including
3399-513: The 21st century, Native Americans had achieved increased control over tribal lands and resources, although many communities continue to grapple with the legacy of displacement and economic challenges. Urban migration has also grown, with over 70% of Native Americans residing in cities by 2012, navigating issues of cultural preservation and discrimination. Continuing legal and social efforts address these concerns, building on centuries of resilience and adaptation that characterize Indigenous history across
3502-455: The 48 states and Alaska. Native American population rebounded sharply from 1950, when they numbered 377,273; it reached 551,669 in 1960, 827,268 in 1970, with an annual growth rate of 5%, four times the national average. Total spending on Native Americans averaged $ 38 million a year in the late 1920s, dropping to a low of $ 23 million in 1933, and returning to $ 38 million in 1940. The Office of Indian Affairs counted more American Indians than
3605-653: The Act and other federal courts and government actions, more than two million acres (8,000 km) of land were returned to various tribes in the first 20 years after passage. In 1954, the United States Department of the Interior (DOI) began implementing the termination and relocation phases of the Act, which had been added by Congress. These provisions resulted from the continuing interest of some members of Congress in having American Indians assimilate into
3708-542: The American society as "physically, religiously, socially, and aesthetically shattered, dismembered, directionless", Collier was later criticized for his romantic views about the moral superiority of traditional society as opposed to modernity. Philp says after his experience at the Taos Pueblo, Collier "made a lifelong commitment to preserve tribal community life because it offered a cultural alternative to modernity....His romantic stereotyping of Indians often did not fit
3811-647: The Americas , including Mesoamerican peoples such as the Maya , as well as Canadian and South American natives . In 2022, 634,503 Indigenous people in the United States identified with Central American Indigenous groups, 875,183 identified with the Indigenous people of Mexico , and 47,518 identified with Canadian First Nations . Of the 3.2 million Americans who identified as American Indian or Alaska Native alone in 2022, around 45% are of Hispanic or Latino ethnicity, with this number growing as increasing numbers of Indigenous people from Latin American countries immigrate to
3914-399: The Americas. According to the 2020 census, the U.S. population was 331.4 million. Of this, 3.7 million people, or 1.1 percent, reported American Indian or Alaska Native ancestry alone. In addition, 5.9 million people (1.8 percent), reported American Indian or Alaska Native in combination with one or more other races. The definition of American Indian or Alaska Native used in the 2010 census
4017-511: The DOI take it into trust, which the agency did in 1998, thus exempting it from many state laws. The State was concerned that the tribe would open a casino or tax-free business on the land and sued to block the transfer. The state argued that the IRA did not apply because the Narragansett was not "now under federal jurisdiction" as of 1934, as distinguished from "federally recognized." In fact,
4120-663: The Department of the Interior Solicitor's Office, was another significant architect of the Indian New Deal who helped draft the 1934 act. The self-government provisions would automatically go into effect for a tribe unless a clear majority of the eligible Indians voted it down. At the time the Act passed, it was United States policy to eliminate Indian reservations, dividing the communal territory and allotting 160-acre plots to individual heads of households, to be owned in severalty. Before allotment, reservation territory
4223-552: The Ghost Dance properly, the European American colonists would vanish, the bison would return, and the living and the dead would be reunited in an Eden ic world. On December 29 at Wounded Knee, gunfire erupted, and U.S. soldiers killed up to 300 Indians, mostly old men, women, and children. Days after the massacre, the author L. Frank Baum wrote: The Pioneer has before declared that our only safety depends upon
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4326-697: The House Committee on Indian Affairs, explained that the purpose of the provision was "to assure a proper and permanent management of the Indian Forest" under modern sustained-yield methods to "assure that the Indian forests will be permanently productive and will yield continuous revenues to the tribes." The act slowed the practice of allotting communal tribal lands to individual tribal members. It did not restore to Indians land that had already been patented to individuals. However, much land at that time
4429-713: The IRA, to take 91 acres (370,000 m) of land into trust on behalf of the Lower Brule Sioux Tribe (based on the Lower Brule Indian Reservation ) in South Dakota v. United States Dep't of the Interior , 69 F.3d 878, 881-85 (8th Cir. 1995). The Eighth Circuit Court of Appeals found Section 5 of the IRA to be unconstitutional, ruling that it violated the nondelegation doctrine and that the Secretary of Interior did not have
4532-532: The IRA. The U.S. Supreme Court agreed with the State. In a challenge to the U.S. DOI's decision to take land into trust for the Oneida Indian Nation in present-day New York , Upstate Citizens for Equality (UCE), New York, Oneida County , Madison County , the town of Verona , the town of Vernon , and others argued that the IRA is unconstitutional. Judge Kahn dismissed UCE's complaint, including
4635-526: The Indians were destined to vanish under the pressure of white civilization, stating in an 1886 lecture: I don't go so far as to think that the only good Indians are dead Indians, but I believe nine out of ten are, and I shouldn't like to inquire too closely into the case of the tenth. One of the last and most notable events during the Indian wars was the Wounded Knee Massacre in 1890. In
4738-746: The Little Earth housing complex in Minneapolis attempt to address. Below are numbers for U.S. citizens self-identifying to selected tribal groupings, according to the 2010 U.S. census. There are 573 federally recognized tribal governments and 326 Indian reservations in the United States. These tribes possess the right to form their own governments, to enforce laws (both civil and criminal) within their lands, to tax, to establish requirements for membership, to license and regulate activities, to zone, and to exclude persons from tribal territories. Limitations on tribal powers of self-government include
4841-401: The Narragansett had been placed under Rhode Island guardianship since 1709. In 1880, the tribe was illegally pressured into relinquishing its tribal authority to Rhode Island. Some historians disagree that the action was illegal because, although not sanctioned by Congress, it was "desired" by the tribe members. The tribe did not receive federal recognition until 1983, after the 1934 passage of
4944-492: The Penobscot Nation, Houlton Band of Maliseet Indians, and Passamaquoddy Tribe . These representatives can sponsor any legislation regarding American Indian affairs or co-sponsor any pending State of Maine legislation. Maine is unique regarding Indigenous leadership representation. In the state of Virginia , Native Americans face a unique problem. Until 2017 Virginia previously had no federally recognized tribes but
5047-402: The Secretary of State, rather than the Bureau of Indian Affairs . The Bureau of Indian Affairs reports on its website that its "responsibility is the administration and management of 55,700,000 acres (225,000 km ) of land held in trust by the United States for American Indians, Indian tribes, and Alaska Natives ". Many Native Americans and advocates of Native American rights believe that it
5150-516: The U.S. Supreme Court heard the Carcieri case below), in MichGO v Kempthorne , Judge Janice Rogers Brown of the D.C. Circuit Court of Appeals wrote a dissent stating that she would have struck down key provisions of the IRA. Of the three circuit courts to address the IRA's constitutionality, Judge Brown is the only judge to dissent on the IRA's constitutionality. The majority opinion upheld its constitutionality. The U.S. Supreme Court did not accept
5253-478: The U.S. federal government's claim to recognize the "sovereignty" of Native American peoples falls short, given that the United States wishes to govern Native American peoples and treat them as subject to U.S. law. Such advocates contend that full respect for Native American sovereignty would require the U.S. government to deal with Native American peoples in the same manner as any other sovereign nation, handling matters related to relations with Native Americans through
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#17327733820605356-487: The U.S. government partially removes the land from the state's jurisdiction, allowing activities like casino gambling on the land for the first time. It also exempts the land from state property and other state taxes. Consequently, many state or local governments opposed the IRA and filed lawsuits challenging its constitutionality. In 1995, South Dakota challenged the authority of the Interior Secretary , under
5459-405: The US and more Latinos self-identify with indigenous heritage. Of groups Indigenous to the United States, the largest self-reported tribes are Cherokee (1,449,888), Navajo (434,910), Choctaw (295,373), Blackfeet (288,255), Sioux (220,739), and Apache (191,823). 205,954 respondents specified an Alaska Native identity. Native Hawaiians are counted separately from Native Americans by
5562-634: The United States Native Americans (also called American Indians , First Americans , or Indigenous Americans ) are the Indigenous peoples of the United States , particularly of the lower 48 states and Alaska . They may also include any Americans whose origins lie in any of the indigenous peoples of North or South America. The United States Census Bureau publishes data about "American Indians and Alaska Natives ", whom it defines as anyone "having origins in any of
5665-458: The United States, President George Washington and Secretary of War Henry Knox conceived the idea of " civilizing " Native Americans in preparation for their assimilation as U.S. citizens. Assimilation, whether it was voluntary, as it was with the Choctaw , or forced , was consistently maintained as a matter of policy by consecutive American administrations. During the 19th century,
5768-422: The authority to take the land into trust. The U.S. Department of the Interior (DOI) sought a U.S. Supreme Court review. But, as DOI was implementing new regulations related to land trusts, the agency asked the Court to remand the case to the lower court for reconsideration with the decision based on the new regulations. The U.S. Supreme Court granted the DOI's petition, vacated the lower court's ruling, and remanded
5871-557: The case back to the lower court. Justices Antonin Scalia, Sandra Day O'Connor, and Clarence Thomas dissented, stating that "[t]he decision today—to grant, vacate, and remand in light of the Government's changed position—is both unprecedented and inexplicable." They went on, "[W]hat makes today's action inexplicable as well as unprecedented is the fact that the Government's change of legal position does not even purport to be applicable to
5974-407: The census, being classified as Pacific Islanders . According to 2022 estimates, 714,847 Americans reported Native Hawaiian ancestry. The 2010 census permitted respondents to self-identify as being of one or more races. Self-identification dates from the census of 1960; prior to that the race of the respondent was determined by the opinion of the census taker. The option to select more than one race
6077-522: The dehumanizing attitude toward Indigenous Americans that the US was founded on." Native American nations on the plains in the west continued armed conflicts with the U.S. throughout the 19th century, through what were called generally Indian Wars . Notable conflicts in this period include the Dakota War , Great Sioux War , Snake War , Colorado War , and Texas-Indian Wars . Expressing the frontier anti-Indian sentiment, Theodore Roosevelt believed
6180-471: The failed theory that the IRA is unconstitutional, on the basis of longstanding and settled law on this issue. The U.S. Court of Appeals for the Second Circuit affirmed the dismissal. Section 18 of the IRA required that members of the affected Indian nation or tribe vote on whether to accept it within one year of the effective date of the act (25 U.S.C. 478) and had to approve it by a majority. There
6283-977: The first Native American television channel; established Native American studies programs, tribal schools universities , museums, and language programs. Literature is at the growing forefront of American Indian studies in many genres, with the notable exception of fiction—some traditional American Indians experience fictional narratives as insulting when they conflict with traditional oral tribal narratives. The terms used to refer to Native Americans have at times been controversial . The ways Native Americans refer to themselves vary by region and generation, with many older Native Americans self-identifying as "Indians" or "American Indians", while younger Native Americans often identify as "Indigenous" or "Aboriginal". The term "Native American" has not traditionally included Native Hawaiians or certain Alaskan Natives , such as Aleut , Yup'ik , or Inuit peoples. By comparison,
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#17327733820606386-472: The government's management of such lands. There were particular grievances and claims due to the government's failure to provide for sustainable forestry. The Indian Claims Act of 1946 included a requirement that the Interior Department manage Indian forest resources "on the principle of sustained-yield management." Representative Edgar Howard of Nebraska, co-sponsor of the Act and Chairman of
6489-525: The greatest loss of life for Indigenous populations. "The decline of native American populations was rapid and severe, probably the greatest demographic disaster ever. Old World diseases were the primary killer. In many regions, particularly the tropical lowlands, populations fell by 90 percent or more in the first century after the contact." Estimates of pre-Columbian population of the United States vary from 4 to 18 million. Jeffrey Ostler writes: "Most Indigenous communities were eventually afflicted by
6592-402: The guarantees of the U.S. Bill of Rights applicable within the tribes. Since the 1960s, Native American self-determination movements have resulted in positive changes to the lives of many Native Americans, though there are still many contemporary issues faced by them . Today, there are over five million Native Americans in the US, about 80% of whom live outside reservations. The states with
6695-527: The hands of Native Americans to private railroad companies and homestead grantees resulted in conflicts on more than one occasion. One notable location of conflict is the Chambers Checkerboard – a region occupied by Navajo people before railroad companies were granted the land to construct the transcontinental railroad . Tension grew between the Navajo tribe and the settlers of the region because of unexplained deaths, which each party blamed on
6798-561: The highest percentage of Native Americans are Alaska , Oklahoma , New Mexico , South Dakota , Montana , and North Dakota . Beginning toward the end of the 15th century, the migration of Europeans to the Americas led to centuries of population, cultural, and agricultural transfer and adjustment between Old and New World societies, a process known as the Columbian exchange . Because most Native American groups had preserved their histories by means of oral traditions and artwork,
6901-541: The ideology known as manifest destiny became integral to the American nationalist movement. Westward expansion of European American populations after the American Revolution resulted in increasing pressure on Native Americans and their lands, warfare, and rising tensions. In 1830, the U.S. Congress passed the Indian Removal Act , authorizing the federal government to relocate Native Americans from their homelands within established states to lands west of
7004-493: The land in trust. The state appealed to the Eighth Circuit, but when the court reexamined the constitutionality issue, it upheld the constitutionality of Section 5 in agreement with the lower court. The U.S. Supreme Court denied the State's petition for certiorari . Since then, district and circuit courts have rejected claims of non-delegation by states. The Supreme Court refused to hear the issue in 2008. In 2008 (before
7107-453: The late 20th century and the rise of Indian activism over sovereignty issues, as well as many tribes' establishment of casino gambling on reservations as a revenue source, the U.S. Supreme Court has been repeatedly asked to address the IRA's constitutionality. A controversial provision of the Act allows the U.S. government to acquire non-Indian land (by voluntary transfer) and convert it to Indian land ("take it into trust"). In doing so,
7210-689: The law. John Collier was appointed Commissioner of the Indian Bureau (it is now called the Bureau of Indian Affairs , BIA) in April 1933 by President Franklin Delano Roosevelt . He had the full support of his boss, Secretary of the Interior Harold L. Ickes , who was also an expert on Indian issues. The federal government held land in trust for many tribes. Numerous claims cases had been presented to Congress because of failures in
7313-430: The majority society. Among other effects, termination resulted in the legal dismantling of 61 tribal nations within the United States and ending their recognized relationships with the federal government. This also ended the eligibility of the tribal nations and their members for various government programs to assist American Indians. Of the "Dismantled Tribes" 46 regained their legal status as indigenous communities. Since
7416-463: The most Native American checkerboarding. The act was intended to bolster self-sufficiency and systematically fracture native cultures, giving each individual between 40 and 160 acres (16 and 65 ha). Native Americans were also negatively affected by federal government checkerboarding policies because railroad land grants were not prevented from running through land previously occupied by Native American tribes. This act of unrightful land transfer from
7519-404: The original peoples of North and South America ... and who maintains tribal affiliation or community attachment". The census does not, however, enumerate "Native Americans" as such, noting that the latter term can encompass a broader set of groups, e.g. Native Hawaiians , which it tabulates separately. The European colonization of the Americas from 1492 resulted in a precipitous decline in
7622-448: The other. These tensions led to further violence after a white settler was suspected for murdering a Navajo youth without rightful punishment. Checkerboarding can create problems for access and ecological management. It is one of the major causes of inholdings within the boundaries of national forests . As is the case in northwestern California , checkerboarding has resulted in issues with managing national forest land. Checkerboarding
7725-616: The present case." Seven months after the Supreme Court's decision to grant, vacate, and remand, the DOI removed the land in question from trust. In 1997, the Lower Brulé Sioux submitted an amended trust application to the DOI, requesting that the United States take the 91 acres (370,000 m) of land into trust on the Tribe's behalf. South Dakota challenged this in 2004 in district court, which upheld DOI's authority to take
7828-497: The problem was quickly resolved. King would later make trips to Arizona visiting Native Americans on reservations, and in churches encouraging them to be involved in the Civil Rights Movement. In King's book Why We Can't Wait he writes: Checkerboarding (land) Checkerboarding refers to the intermingling of land ownership between two or more owners resulting in a checkerboard pattern. Checkerboarding
7931-410: The problems of Virginia Indians in establishing documented continuity of identity, due to the work of Walter Ashby Plecker (1912–1946). As registrar of the state's Bureau of Vital Statistics, he applied his own interpretation of the one-drop rule , enacted in law in 1924 as the state's Racial Integrity Act. It recognized only two races: "white" and "colored". Plecker, a segregationist , believed that
8034-519: The reality of contemporary tribal life." The act has helped conserve the communal tribal land bases. Collier supporters blame Congress for altering the legislation proposed by Collier, so that it has not been as successful as possible. On many reservations, its provisions exacerbated longstanding differences between traditionals and those who had adopted more European-American ways. Many Native Americans believe their traditional systems of government were better for their culture. American Indians in
8137-580: The results. When the final results were in, 172 tribes had accepted the act, and 75 had rejected it. The largest tribe, the Navajo , had been badly hurt by the federal Navajo Livestock Reduction Program, which took away half their livestock and jailed dissenters. They strongly opposed the act, the chief promoter John Collier, and the entire Indian New Deal. Historian Brian Dippie notes that the Indian Rights Association denounced Collier as
8240-458: The right of access. Corner crossing is not explicitly legal or illegal in any state, but legal opinions and enforcement differ by state. Checkerboarding may make public land inaccessible when it is surrounded by privately owned land. In 2021, hunters in Wyoming were charged with trespassing on private land they never actually set foot on when they crossed between two parcels of public land at
8343-511: The right to label arts and crafts as Native American and permission to apply for grants that are specifically reserved for Native Americans. But gaining federal recognition as a tribe is extremely difficult; to be established as a tribal group, members have to submit extensive genealogical proof of tribal descent and continuity of the tribe as a culture. In July 2000, the Washington State Republican Party adopted
8446-471: 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 (this includes paper currency). In addition, there are a number of tribes that are recognized by individual states , but not by the federal government. The rights and benefits associated with state recognition vary from state to state. Many Native Americans and advocates of Native American rights point out that
8549-521: The same requirements as they did. The Muwekma Ohlone of the San Francisco Bay Area are pursuing litigation in the federal court system to establish recognition. Many of the smaller eastern tribes, long considered remnants of extinct peoples, have been trying to gain official recognition of their tribal status. Several tribes in Virginia and North Carolina have gained state recognition. Federal recognition confers some benefits, including
8652-485: The scholarly literature, E. A. Schwartz concludes that there is: Collier's reputation among the Indians was mixed—praised by some, vilified by others. He antagonized the Navajo , the largest tribe, as well as the Seneca people , Iroquois , and many others. Anthropologists criticized him for not recognizing the diversity of Native American lifestyles. Hauptman argues that his emphasis on Northern Pueblo arts and crafts and
8755-685: The size of the Native American population because of newly introduced diseases , including weaponized diseases and biological warfare by colonizers, wars , ethnic cleansing , and enslavement . Numerous scholars have classified elements of the colonization process as comprising genocide against Native Americans. As part of a policy of white settler colonialism , European settlers continued to wage war and perpetrated massacres against Native American peoples, removed them from their ancestral lands , and subjected them to one-sided government treaties and discriminatory government policies. Into
8858-660: The south in the late 1950s after they reached out to him. At that time the remaining Creek in Alabama were trying to completely desegregate schools in their area. In this case, light-complexioned Native children were allowed to ride school buses to previously all white schools, while dark-skinned Native children from the same band were barred from riding the same buses. Tribal leaders, upon hearing of King's desegregation campaign in Birmingham, Alabama, contacted him for assistance. He promptly responded and, through his intervention,
8961-613: The southern and western states. In the south segregation was a major problem for Native Americans seeking education, but the NAACP's legal strategy would later change this. Movements such as Brown v. Board of Education was a major victory for the Civil Rights Movement headed by the NAACP , and inspired Native Americans to start participating in the Civil Rights Movement. Martin Luther King Jr. began assisting Native Americans in
9064-535: The state as "colored" and gave them lists of family surnames to examine for reclassification based on his interpretation of data and the law. This led to the state's destruction of accurate records related to families and communities who identified as Native American (as in church records and daily life). By his actions, sometimes different members of the same family were split by being classified as "white" or "colored". He did not allow people to enter their primary identification as Native American in state records. In 2009,
9167-500: The state had recognized eight. This is related historically to the greater impact of disease and warfare on the Virginia Indian populations, as well as their intermarriage with Europeans and Africans. Some people confused ancestry with culture, but groups of Virginia Indians maintained their cultural continuity. Most of their early reservations were ended under the pressure of early European settlement. Some historians also note
9270-529: The state's Native Americans had been "mongrelized" by intermarriage with African Americans; to him, ancestry determined identity, rather than culture. He thought that some people of partial black ancestry were trying to " pass " as Native Americans. Plecker thought that anyone with any African heritage had to be classified as colored, regardless of appearance, amount of European or Native American ancestry, and cultural/community identification. Plecker pressured local governments into reclassifying all Native Americans in
9373-474: The total extermination of the Indians. Having wronged them for centuries, we had better, in order to protect our civilization, follow it up by one more wrong and wipe these untamed and untamable creatures from the face of the earth. In the 20th century, Native Americans served in significant numbers during World War II, marking a turning point for Indigenous visibility and involvement in broader American society. Post-war, Native activism grew, with movements such as
9476-434: The track, were a subsidy to the railroads. Unlike per-mile subsidies which encouraged fast but shoddy track-laying, land grants encouraged higher quality work, since the railroads could increase the value of the land by building better track. The government also benefited from the increased value of the remaining public parcels. Railroad land grants split the land surrounding the area where train tracks were to be laid into
9579-661: The transportation infrastructure throughout the nation. The U.S. government was not able to sell much of the land that it retained because settlers willing to move West were not wealthy. The wealthiest United States citizens of the 19th century remained in the East. The federal government eventually gave away much of this land through the Homestead Acts . The first grants were given to the Mobile and Ohio and Illinois Central Railroads in 1850. Additional grants were made under
9682-443: The uniformity of his approach to all tribes are partly explained by his belief that his tenure as Commissioner would be short, meaning that packaging large, lengthy legislative reforms seemed politically necessary. The Reorganization Act was wide-ranging legislation authorizing tribal self-rule under federal supervision, ending land allotment, and generally promoting measures to enhance tribes and encourage education. Having described
9785-717: The years leading up to it the U.S. government had continued to seize Lakota lands. A Ghost Dance ritual on the Northern Lakota reservation at Wounded Knee, South Dakota , led to the U.S. Army's attempt to subdue the Lakota. The dance was part of a religious movement founded by the Northern Paiute spiritual leader Wovoka that told of the return of the Messiah to relieve the suffering of Native Americans and promised that if they would live righteous lives and perform
9888-677: Was a very significant moment for the rights of Native Americans and other people of color. Native Americans faced racism and prejudice for hundreds of years, and this increased after the American Civil War . Native Americans, like African Americans, were subjected to the Jim Crow Laws and segregation in the Deep South especially after they were made citizens through the Indian Citizenship Act of 1924. As
9991-519: Was as follows: According to Office of Management and Budget, "American Indian or Alaska Native" refers to a person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment. Despite generally referring to groups indigenous to the continental US and Alaska, this demographic as defined by the US Census Bureau includes all Indigenous people of
10094-485: Was confusion about who should be allowed to vote on creating new governments, as many non-Indians lived on reservations and many Indians owned no land there, and also over the effect of abstentions. Under the voting rules, abstentions were counted as yes votes, but in Oglala Lakota culture, for example, abstention had traditionally equaled a no vote. The resulting confusion caused disputes on many reservations about
10197-635: Was introduced in 2000. If American Indian or Alaska Native was selected, the form requested the individual provide the name of the "enrolled or principal tribe". Censuses counted around 346,000 Native Americans in 1880 (including 33,000 in Alaska and 82,000 in Oklahoma, back then known as Indian Territory ), around 274,000 in 1890 (including 25,500 in Alaska and 64,500 in Oklahoma), 362,500 in 1930 and 366,500 in 1940, including those on and off reservations in
10300-454: Was not owned in the usual European-American sense, but was reserved for the benefit of entire Indian tribes. The communal benefits were apportioned to tribe members according to tribal law and custom. Generally, Indians held the land in a communal fashion. Non-Indians were not allowed to own land on reservations, which limited the dollar value of the land since there was a smaller market capable of buying it. The process of allotment started with
10403-570: Was previously applied to these areas during the period of western expansion, and they are now commercial forest land. Conflicting policies establishing the rights of the private owners of this land have caused some difficulties in the local hardwood timber production economy. While relieving this land from its checkerboard ownership structure could benefit the timber production economy of the region, checkerboards can allow government to extend good forestry practices over intermingled private lands, by demonstration or applying pressure via economy of scale or
10506-442: Was still unallotted or allotted to an individual but still held in trust for that individual by the U.S. government. Because the Act did not disturb existing private ownership of Indian reservation lands, it left reservations as a checkerboard of tribal or individual trust and fee land, which remains the case today. However, the Act also allowed the U.S. to purchase some of the fee land and restore it to tribal trust status. Due to
10609-457: Was superior to that of modern America and thought it worthy of emulation. His proposals were considered highly controversial, as numerous powerful interests had profited from the sale and management of Native lands. Congress revised Collier's proposals and preserved oversight of tribes and reservations by the Bureau of Indian Affairs within the Department of Interior. Felix S. Cohen , an official at
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