A land claim is "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims , Antarctic land claims , and post-colonial land claims.
22-850: The Port Gamble S'Klallam Tribe , formerly known as the Port Gamble Indian Community of the Port Gamble Reservation or the Port Gamble Band of S'Klallam Indians is a federally recognized tribe of S'Klallam people , located on the Kitsap Peninsula in Washington . They are an Indigenous peoples of the Northwest Coast . The Port Gamble S'Klallam Reservation , located in the northern part of Kitsap County, Washington . It
44-645: A "prudent man" (the Prudent Man Rule) would invest time and expenses to recover. Next, marking the claim boundaries, typically with wooden posts or capped steel posts, which must be four feet tall, or stone cairns, which must be three feet tall. Finally, filing a claim with both the land management agency (USFS or BLM), and the local county registrar. There are four main types of mining claims: A mining claim always starts out as an unpatented claim. The owner of an unpatented claim must continue mining or exploration activities on an unpatented claim, or he may pay
66-431: A fee to the land management agency by September 1 of each year, or it is considered abandoned and becomes null. Activities on unpatented claims must be restricted to those necessary to mining. A patented claim is one for which the federal government has issued a patent (deed). To obtain a patent, the owner of a mining claim must prove to the federal government that the claim contains locatable minerals that can be extracted at
88-468: Is as follows: The tribe ratified its constitution in 1939. To enroll in the tribe, members must have a 1/8 minimum blood quantum . However, there is debate on lowering to allow further generations so long as an individual can prove direct descent to a "Treaty Signer." Traditionally, S'Klallam people speak the S'Klallam language , a Central Salish language . It is very similar to the Saanich dialect of
110-581: Is the claim of the right to extract minerals from a tract of public land. In the United States, the practice began with the California gold rush of 1849. In the absence of organized government, the miners in each new mining camp made up their own rules, and to a large extent adopted Mexican mining law. The Mexican law gave the right to mine to the first one to discover the mineral deposit and begin mining it. The area that could be claimed by one person
132-575: Is used by the BIA to publish the list of "Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs". Tribes in the contiguous 48 states and those in Alaska are listed separately. Land claim The term is also sometimes used when referring to disputed territories like Western Sahara or to refer to the claims of displaced persons. In
154-586: The Bureau of Indian Affairs (BIA) of the United States. Of these, 228 are located in Alaska and 109 are located in California. 346 of the 574 federally recognized tribes are located in the contiguous United States. Federally recognized tribes are those Native American tribes recognized by the United States Bureau of Indian Affairs as holding a government-to-government relationship with
176-734: The Straits Salish language . A grammar book has been published in the language, and it is taught in elementary and high school. The Port Gamble S'Klallam Tribe owns and operates the Point Casino, Market Fresh Buffet, Little Boston Bistro, and Point Julia Deli, all located in Kingston. Federally recognized tribe This is a list of federally recognized tribes in the contiguous United States . There are also federally recognized Alaska Native tribes . As of January 8, 2024 , 574 Indian tribes were legally recognized by
198-653: The U.S. Congress the right to interact with tribes. More specifically, the Supreme Court of the United States in United States v. Sandoval warned, "it is not... that Congress may bring a community or body of people within range of this power by arbitrarily calling them an Indian tribe, but only that in respect of distinctly Indian communities the questions whether, to what extent, and for what time they shall be recognized and dealt with as dependent tribes" (at 46). Federal tribal recognition grants to tribes
220-514: The colonial times of the United States, American men could claim a piece of land for themselves and the claim has different level of merit according to the de facto conditions: Today, only small areas of unclaimed land remain, yet large plots of land with little economical value (e.g., in Alaska) can still be bought for very low prices. Also, in certain parts of the world, land can still be obtained by making productive use of it. A mining claim
242-403: The 1950s, the BIA in 1978 published final rules with procedures that groups had to meet to secure federal tribal acknowledgment. There are seven criteria. Four have proven troublesome for most groups to prove: long-standing historical community, outside identification as Indians, political authority, and descent from a historical tribe. Tribes seeking recognition must submit detailed petitions to
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#1732802565343264-457: The 574th tribe to gain federal recognition on December 20, 2019. The website USA.gov , the federal government's official web portal, also maintains an updated list of tribal governments . Ancillary information present in former versions of this list but no longer contained in the current listing has been included here in italic print. The Federal Register
286-561: The BIA's Office of Federal Acknowledgment. To be formally recognized as an Indian tribe, the US Congress can legislate recognition or a tribe can meet the seven criteria outlined by the Office of Federal Acknowledgment. These seven criteria are summarized as: The federal acknowledgment process can take years, even decades; delays of 12 to 14 years have occurred. The Shinnecock Indian Nation formally petitioned for recognition in 1978 and
308-595: The California 49ers . The concept was also used in other countries, for example during the Australian gold rushes which occurred at a similar time starting from the 1850s, and included similar groups of people including miners that migrated from the American gold rushes. The Oriental Claims in Victoria are one example of this. Staking a claim involves first the discovery of a valuable mineral in quantities that
330-703: The US federal government . For Alaska Native tribes, see list of Alaska Native tribal entities . In the United States , the Native American tribe is a fundamental unit of sovereign tribal government. As the Department of the Interior explains, "federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty)...." The constitution grants to
352-638: The addition of six tribes in Virginia under the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017, signed in January 2018 after the annual list had been published. In July 2018 the United States' Federal Register issued an official list of 573 tribes that are Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs . The Little Shell Tribe of Chippewa Indians of Montana became
374-517: The concept of mining claims to other mining districts all over the western United States. The US Congress legalized the practice in 1866, and amended it in the Mining Act of 1872 . All land in the public domain , that is, federal land whose use has not been restricted by the government to some specific purpose, was subject to being claimed. The mining law has been changed numerous times, but still retains some features similar to those settled on by
396-458: The right to certain benefits, and is largely administered by the Bureau of Indian Affairs (BIA). While trying to determine which groups were eligible for federal recognition in the 1970s, government officials became aware of the need for consistent procedures. To illustrate, several federally unrecognized tribes encountered obstacles in bringing land claims ; United States v. Washington (1974)
418-585: Was a court case that affirmed the fishing treaty rights of Washington tribes; and other tribes demanded that the U.S. government recognize aboriginal titles . All the above culminated in the Indian Self-Determination and Education Assistance Act of 1975 , which legitimized tribal entities by partially restoring Native American self-determination . Following the decisions made by the Indian Claims Commission in
440-579: Was founded in 1938 and is collectively held by the tribe. The reservation covers 1,303 acres (527 ha). The land is counted by the U.S. Census Bureau as the Port Gamble Tribal Community census-designated place , with an on-site population of 916 as of the 2010 census. The tribe's headquarters is in Kingston, Washington . The tribe is governed by a democratically elected, six-member tribal council. The current administration
462-493: Was limited to that which could be mined by a single individual or a small group. The US system of mining claims is an application of the legal theory of prior appropriation , by which public property is granted to the first one to put it to beneficial use. Other applications of appropriation theory were the Homestead Act , which granted public land to farmers, and water rights in the west. The California miners spread
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#1732802565343484-673: Was recognized 32 years later in 2010. At a Senate Committee on Indian Affairs hearing, witnesses testified that the process was "broken, long, expensive, burdensome, intrusive, unfair, arbitrary and capricious, less than transparent, unpredictable, and subject to undue political influence and manipulation." The number of tribes increased to 567 in May 2016 with the inclusion of the Pamunkey tribe in Virginia who received their federal recognition in July 2015. The number of tribes increased to 573 with
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