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134-397: Indian termination describes 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
268-557: 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
402-586: A Federal task force began meeting with the tribes of the Six Nations. Despite tribal objections, legislation was introduced into Congress for termination. The proposed legislation involved more than 11,000 Indians of the Iroquois Confederation and was divided into two separate bills. One bill dealt with the Mohawk , Oneida , Onondaga , Cayuga and Tuscarora tribes and the other dealt with
536-465: 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
670-547: 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 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
804-524: A claim, August 1951, caused many tribes to file in the months preceding the end of the registration period. In some instances, pending claims cases with complex legal issues aided the tribes in preventing termination, while in others, tribes were taken advantage of again by government agents and their associates. Federal policy up until the 1940s had mainly held that the Federal Government had sole jurisdiction over Indians. The Kansas Act of 1940
938-505: A considerable period of years." It is unclear if Bruce exerted influence on the tribes to accept a complete transfer to state jurisdiction, or if the tribes proposed it to Bruce, but within a short time frame, all four tribes passed resolutions to transfer criminal jurisdiction on Indian lands to state courts from federal courts. The Kickapoo resolution was dated February 24, 1938, the Sac & Fox and Iowa resolutions were dated March 1, 1938 and
1072-495: 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 ,
1206-480: A kind of sovereignty and independence for tribes on reservations, in other ways they depended on a complex bureaucracy for services. In 1955, Nevada extended state jurisdiction over public offenses "committed by or against Indians in the areas of Indian country" and determined that Indian customs and traditions which were inconsistent with any State law would not be given full force and effect in civil actions. Montana enacted legislation covering criminal offenses for
1340-470: 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
1474-644: A letter from Superintendent H.E. Bruce, of the Potawatomi Agency to U.S. Senator Arthur Capper dated 29 May 1940, Bruce wrote: ... that the Indian Office in Washington is planning to recommend similar legislation for Indian areas in other states when the plan has been tried out in Kansas. ... Based upon 27 years of Indian field experience, it is my conviction that a similar law and order setup
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#17327649885031608-724: 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
1742-475: 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
1876-440: A selected group of tribes. The resolution established that Congress would pass termination acts on a tribe-by-tribe basis. Most such acts included the cessation of federal recognition and all the federal aid that came along with that designation. Between 1953 and 1964, the government terminated recognition of more than 100 tribes and bands as sovereign dependent nations. These actions affected more than 12,000 Native Americans or 3% of
2010-487: A speech delivered in Montana in 2007: If you can't change them, absorb them until they simply disappear into the mainstream culture.... In Washington's infinite wisdom, it was decided that tribes should no longer be tribes, never mind that they had been tribes for thousands of years. The policy for termination of tribes collided with the Native American peoples' own desires to preserve Native identity. The termination policy
2144-422: A state in 1958, Alaska was added to the list of covered states where termination would be the goal. Public Law 280 also allowed any state to assume jurisdiction over Indian lands by a statute or an amendment to the state constitution. This law made both the states and Native Americans unhappy: the former because they had new responsibilities without any increase in funding to support additional staff and supplies,
2278-508: A state's ability to exercise jurisdiction in certain instances. Because the inherent sovereignty of Indian nations generally precluded state jurisdiction over Indian country, the Act became one of the first legislative actions to permit state jurisdiction over most offenses committed by or against Indians on Indian reservations. This was a departure from previous federal policy in which the Federal Government had sole jurisdiction over Indians. The Act
2412-400: 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
2546-959: A vote held on 27 December 2013, the town refused to endorse a plan to seek Congressional approval. In 1954 at Congressional hearings, the Flathead Tribes were able to resist the government's plans to terminate their tribe. An opinion issued April 8, 1980 in the US District court for the State of Montana confirmed that the Flathead Reservation held in trust by the US Government had not been diminished nor terminated since enactment of The Flathead Act of April 23, 1904. It further clarified that Congress's intent to terminate must be clear and cannot be inferred, stating "A congressional determination to terminate must be expressed on
2680-537: 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
2814-690: Is definitely needed over a large section of the Indian country. The Kansas Act of 1940 was followed by virtually identical statutes granting jurisdiction to North Dakota and Iowa for prosecuting offenses within their state borders committed by or against Indians on certain reservations and in 1948 to the state of New York. The primary difference in the New York statute was the protection of traditional hunting and fishing rights to tribal members which might be protected by treaty or agreement. The fact that state jurisdiction over most matters had occurred previous to
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#17327649885032948-552: 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
3082-733: 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
3216-564: 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
3350-543: 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
3484-554: The Brothertown Indians submitted a petition. It was rejected because they had lost federal recognition through congressional legislation granting them citizenship. The Bureau of Indian Affairs acknowledged in 1993 that the federal government had recognized them as a sovereign tribe in treaties for 1831, 1832 and in the "1839 act which granted them citizenship and gave the tribe land in Wisconsin". Based on these findings
3618-518: 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,
3752-664: 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
3886-514: The Flathead , Klamath , Menominee , Potawatomi , and Turtle Mountain Chippewa , as well as all tribes in the states of California , New York , Florida , and Texas . Termination of a tribe meant the immediate withdrawal of all federal aid, services, and protection, as well as the end of reservations. Individual members of terminated tribes were to become full United States citizens and have
4020-590: The Hoover Commission reports, recommending integration of Native peoples into mainstream society, and the 1952 House Report (HR No. 2503), investigating the Bureau of Indian Affairs , both portrayed termination as cost effective and benign in its effects. House concurrent resolution 108 of 1953 announced the federal policy of termination and called for the immediate ending of the Federal relationship with
4154-791: 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
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4288-879: 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
4422-625: 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
4556-620: 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
4690-513: The Tiwa Indians of Ysleta, Texas which transferred federal authority to the State of Texas in 1968. (The Ponca status was restored in 1990 and the Tiwa status was restored in 1987.) Presidents Lyndon B. Johnson and Richard Nixon changed federal policy, encouraging Indian self-determination instead of termination. Forced termination is wrong, in my judgment, for a number of reasons. First,
4824-734: 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
4958-565: 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
5092-537: 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
5226-471: The 2000 census, the urban Indian population was 64% higher than it had been in the pre-termination era of the 1940s. California In 1968, President Lyndon B. Johnson proposed ending termination, building partnerships between tribal governments and the United States, and fostering tribal self-determination and self-development, though the proposal never passed. Subsequent presidents followed this informal approach until 1988, when House Concurrent Resolution 108
5360-513: 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
5494-571: The 370 complaints that were submitted were filed at the approach of the 5-year deadline in August 1951. The life of the commission was extended, but eventually Congress terminated it on 30 September 1978; it transferred outstanding claims to the United States Court of Federal Claims. The final case, Pueblo of San Ildefenso v. United States , was finally resolved in 2006. On 30 June 1948, Congress enacted An Act to confer jurisdiction on
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5628-455: 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
5762-647: 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
5896-399: 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
6030-1078: The BIA issued by the Department of the Interior indicated additional terminations were being reviewed in proposed legislation for four Indian communities of southern Minnesota , including the Lower Sioux Community in Redwood and Scott counties, the New Upper Sioux Community in Yellow Medicine County, the Prairie Island Community in Goodhue County, and about 15 individuals living on restricted tracts in Yellow Medicine County. Public Law 280, passed in 1953, gave State governments
6164-624: The Cold Springs, Middletown, and Montgomery Creek Rancherias of California and the Wyandotte Tribe of Oklahoma but, due to errors in process, were not successfully terminated. Some tribes such as the Oneida Nation of Wisconsin and Stockbridge-Munsee Community pursued federal litigation to halt termination. Still others, though marked for termination, fought the process and prevented laws from coming out of committee or reaching
6298-563: The Federal government. ... The recommendations of this administration represent an historic step forward in Indian policy. We are proposing to break sharply with past approaches to Indian problems. Some tribes resisted termination by filing civil lawsuits . The litigation lasted until 1980, when the issue made its way to the U.S. Supreme Court . The 1974 Boldt Decision was upheld by the Supreme Court in 1980, recognizing that tribes retained treaty rights for fishing and hunting, including
6432-403: The Flathead Reservation. Washington State passed a law in 1957 allowing tribes to voluntarily go under state jurisdiction and in 1963 assumed at least partial jurisdiction on all reservations within the state. In 1963, Idaho made provisions for tribes to be able to come under full jurisdiction of the State or operate with concurrent jurisdiction between Indian country and the State. As part of
6566-552: 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
6700-489: The Indian Termination Policy, The Indian Relocation Act of 1956, was passed. It was a federal law encouraging Native Americans, who lived on or near Indian reservations to relocate to urban areas for greater employment opportunities. It is estimated that between the 1950s and 1980s, as many as 750,000 Native Americans migrated to the cities, some as part of the relocation program, others on their own. By
6834-526: 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
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#17327649885036968-410: The Indians within the territorial limits of the United States subject to the same laws and entitled to the same privileges and responsibilities as are applicable to other citizens of the United States, to end their status as wards of the United States, and to grant them all of the rights and prerogatives pertaining to American citizenship. On 31 May 1946, Congress enacted An Act to confer jurisdiction on
7102-579: The Iroquois Confederation died in committee without further serious consideration. A January 21, 1954 memo by the Department of the Interior advised that a bill for termination is to be prepared including "about 3,600 members of the Oneida Tribe residing in Wisconsin. These Indians have no land in Federal trusteeship and are not receiving any Federal services in such fields as health or education." Clarification of who these tribes were
7236-746: 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
7370-723: The Oneidas and Stockbridge-Munsee to apply to the Secretary of the Interior for approval of fund distributions, thereby ending termination efforts for these tribes. With regard to the Brothertown Indians, however, though the law did not specifically state they were terminated, it authorized all payments to be made directly to each enrollee with special provisions for minors to be handled by the secretary. The payments were not subject to state or federal taxes. When guidelines were established in 1978 to regain federal recognition,
7504-492: 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
7638-538: The Potawatomi resolution was dated March 4, 1938. Within days of the adoption of the tribal resolutions, United States Representative William P. Lambertson introduced House Resolution 9757, "A bill to relinquish jurisdiction to the State of Kansas to prosecute Indians or others for offenses committed on Indian reservations." Within two years, this bill would lead to the Kansas Act of 1940. The 1938 version of
7772-402: 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
7906-469: The Seneca (see § Seneca Nation ). The arguments the Six Nations made in their hearings with committees were that their treaties showed that the United States recognized that their lands belonged to the Six Nations, not the United States and that "termination contradicted any reasonable interpretation that their lands would not be claimed or their nations disturbed" by the federal government. The bill for
8040-665: The State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation , [Public Law 846] 62 Stat. 1161. In language reminiscent of the Kansas Act of 1940, the law granted the State of Iowa jurisdiction for criminal offenses occurring on lands occupied by the Sac and Fox Tribe of the Mississippi in Iowa but retained the right of the federal government for jurisdiction on offenses against federal law. On 2 July 1948 Congress enacted An Act to confer jurisdiction on
8174-477: The State of New York with respect to offenses committed on Indian reservations within such State , [Public Law 881] 62 Stat. 1224. The language was virtually identical to the Kansas, North Dakota and Iowa statutes, with two important differences. It covered all reservations lands within the state and prohibited the deprivation of hunting and fishing rights which may have been guaranteed to "any Indian tribe, band, or community, or members thereof". It further prohibited
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#17327649885038308-746: The State of North Dakota over offenses committed by or against Indians on the Devils Lake Indian Reservation , [Public Law 394] 60 Stat. 229. In language reminiscent of the Kansas Act of 1940, the law granted the State of North Dakota jurisdiction for criminal offenses occurring on lands occupied by the Spirit Lake Tribe but retained the right of the federal government for jurisdiction on offenses against federal law. In 1945, earnest discussion began on creating an Indian Claims Commission . The idea had been circulating for years but had never gained much momentum. However, in
8442-410: The State of California, and the Indian residents thereof, shall be subject to the laws, civil and criminal, of the State of California". The law also made provisions for the tribe and the Secretary of the Interior to negotiate easements for city improvements, thus it did not terminate tribal status. Within two years, Congress was reviewing a second piece of legislation with regard to New York , to grant
8576-478: 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
8710-405: 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
8844-522: 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
8978-404: 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,
9112-463: The United States, the State of Kansas, and one of the tribes. In March 1938, Potawatomi Agency Superintendent Bruce contacted federal legislators from Kansas and proposed a bill for Kansas to obtain jurisdiction over criminal cases on Indian lands in Kansas. There was a perception that because, at that time, none of the four tribes — Potawatomi , Kickapoo , Sac & Fox , Iowa — had tribal courts to deal with offenses, lawlessness would prevail if
9246-427: The above list, the memo sets forth bill provisions for the terminations of the Iroquois Confederation of Six Nations, Seneca , and the Oneida Tribe of Wisconsin (formerly of New York); the Seminole Tribe of Florida ; the Alabama-Coushatta Tribe of Texas ; a Kansas bill covering the Potawatomi , the Kickapoo , the Sac and Fox , and the Iowa Tribe ; and 41 California Rancherias. A memo dated January 19, 1955 for
9380-436: The act to fill a perceived gap in jurisdiction. None of the four federally recognized tribes living in Kansas: Potawatomi , Kickapoo , Sac & Fox , and Iowa , had tribal courts to deal with offenses, and state jurisdiction did not extend to Indian lands. The law (Title 25 U.S. Code § 217a ch. 276, 54 Stat. 249), passed on 8 June 1940, gave Kansas courts jurisdiction to try persons for conduct that violates state law, even if
9514-416: The attention of the rest of the Congress. However, it is significant, as one of the letters points out that, "The Business Committee of the Prairie Band Potawatomi tribe of Indians represents eleven-hundred of the sixteen-hundred Indians of Kansas," which means that the majority of native people were not in favor of passage. The 1938 text of the law had proposed relinquishment of "concurrent jurisdiction" by
9648-523: The benefits and obligations of any other United States citizens. The resolution also called for the Interior Department to identify quickly more tribes who appeared ready for termination in the near future. A January 21, 1954, memo by the Department of the Interior, reviewing the effects of Resolution 108, stated that bills to terminate 66,000 Indians ( 1 ⁄ 7 of the total population) were under consideration by Congress. In addition to
9782-491: The bill would have given Kansas state authorities exclusive jurisdiction over criminal offenses occurring on reservations, prevented federal prosecution and punishment of major crimes in Indian country, and prevented the Federal Government from asserting authority within Kansas under the General Crimes Act. On January 5, 1939, House Resolution 3048 and Senate Bill 372 were introduced and lawmakers were advised that
9916-399: The case of Negonsott v. Samuels, 507 U. S. 99 (1993), United States Supreme Court Chief Justice William Rehnquist affirmed the intent of the law was "that federal courts shall retain their jurisdiction to try all offenses subject to federal jurisdiction, while Kansas courts shall have jurisdiction to try persons for the same conduct when it violates state law." On June 8, 1940, the bill
10050-407: 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
10184-447: 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 the 20th century, these policies focused on forced assimilation . When
10318-410: The courts of the State of New York with respect to civil actions between Indians or to which Indians are parties , [Public Law 785] 64 Stat. 845, granted the courts of New York authority to settle civil disputes between Indians or Indians and others within the State. It allowed the tribes to preserve customs, prohibited taxation on reservations, and reaffirmed hunting and fishing rights. It also prohibited
10452-522: 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
10586-579: The early 1960s, some federal leaders began opposing the implementation of any more termination measures, although the administration of President John F. Kennedy did oversee some of the last terminations. The last two terminations occurred in the 1960s, those of the Ponca Tribe of Nebraska , legally began in 1962—after Kennedy signed the order, at the urging of Secretary of the Interior Stewart Udall —and culminated in 1966; and that of
10720-523: The exclusion of state law's applicability to Native persons. From the government's perspective, Native Americans were to become taxpaying citizens subject to state and federal taxes as well as laws from which they had previously been exempt. From the Native standpoint, a former US Senator from Colorado Ben Nighthorse Campbell , of the Northern Cheyenne , said of assimilation and termination in
10854-559: The face of the Act or be clear from the surrounding circumstances and legislative history." Native Americans in 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
10988-645: The federal government is also able to try the offense under federal jurisdiction. Almost immediately, similar statutes were passed in North Dakota, Iowa and New York, granting state jurisdiction over most offenses committed by or against Indians in Indian country. In 1943, the United States Senate commissioned a survey of Indian conditions. It indicated that living conditions on the reservations were extremely poor. The Bureau of Indian Affairs (BIA) and its bureaucracy were found to be at fault for
11122-601: The federal government to the Kansas State government. This text was deleted by Congress as was its reference to the Indian Major Crimes Act. The changes were provided to make clear that the statute conferred to Kansas jurisdiction over more offenses than were subject to federal jurisdiction and to acknowledge, more generally, rather than listing specific citations, that the Act did not eliminate federal jurisdiction over offenses defined by federal law. In
11256-552: The financial burden of prosecuting crimes in Indian Country to their respective states. The main effect of Public Law 280 was to disrupt the relationship between the federal government and the Indian tribes. Previously the tribes had been regulated directly by the federal government. In Worcester v. Georgia (1832), the Supreme Court had ruled that state laws cannot be enforced on Indian land. While this preserved
11390-977: 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,
11524-606: The floor for a vote. Tribal leaders played key roles in getting their cases heard by the United States Congress , through the political process, and by the Supreme Court in suits and appeals. The tribes garnered publicity by creating resistance groups. These both publicly protested the termination policy, and fought political and court battles in Washington for restoration of tribal sovereignty or other goals. Tribes which were terminated but regained their status as federally recognized sovereign states include: By
11658-477: The government considered "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. In practical terms, the policy ended the federal government's recognition of sovereignty of tribes , trusteeship over Indian reservations , and
11792-525: 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
11926-402: 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
12060-561: 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,
12194-541: 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
12328-425: 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 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
12462-412: The latter because they were subject to new state laws. The federal goal in implementing P.L. 280 was two-fold: 1) to fill the jurisdictional gap resulting from the Native communities' lack of independent formal judicial systems, which had resulted in a general perception of lawlessness in their communities and 2) to assimilate Native peoples and their tribes into the cultures of their neighbors by shifting
12596-494: The most successful in the United States, in some cases, because of natural resources controlled by their reservations. A few tribes mounted legal challenges to maintain tribal government and the trust relationship with the federal government. Through the Indian Claims Commission , tribes had the ability to file claims against the government for breaches of treaty or grievances. The five-year deadline for making
12730-481: The passage of the House concurrent resolution 108 issued 1 August 1953 was one of the reasons for including the New York, Kansas and North Dakota Indians in those marked for immediate termination. All four tribes within Kansas now hear both civil and criminal cases in their tribal court systems. All judges, prosecutors, and public defenders are members of state bar associations. The jurisdictional gap which existed when
12864-446: The policy terminated federal support of most of the health care and education programs, utility services, and police and fire departments available to Indians on reservations. Given the considerable geographic isolation of many reservations and inherent economic problems, not many tribes had the funds to continue such services after termination was implemented. The tribes initially selected for termination had been considered groups who were
12998-761: The power to assume jurisdiction over Indian reservations , which had previously been excluded from state jurisdiction. It immediately granted the state criminal and civil jurisdiction over Indian populations in California , Nebraska , Minnesota , Oregon , and Wisconsin . Special clauses prevented this law from being invoked on the Red Lake Reservation in Minnesota and the Warm Springs Reservation in Oregon. After being admitted as
13132-400: The premises on which it rests are wrong. ... The second reason for rejecting forced termination is that the practical results have been clearly harmful in the few instances in which termination actually has been tried. ... The third argument I would make against forced termination concerns the effect it has had upon the overwhelming majority of tribes which still enjoy a special relationship with
13266-550: 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: Kansas Act of 1940 The Kansas Act of 1940 addressed the means by which Congress could use its power under the Indian Commerce Clause to authorize
13400-410: 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
13534-495: The proposal was supported by the Indian tribes. This may not have been the case with all of the tribes as both telegrams and letters indicate that correspondence between Potawatomi Business Council Chairman Wahbnosah and Representative W. Rogers shows the Potawatomi were objecting. The correspondence is not part of the legislative record, but instead housed in the National Archives and may or may not have been brought to
13668-684: The right to conduct such activities off the reservation and without state regulation. Activism in the 1960s led to the founding of several Native American rights organizations, such as the American Indian Movement (AIM), and other organizations that helped protect the rights of Indians and their land. In 1975, Congress implicitly rejected the termination policy by passing the Indian Self-Determination and Education Assistance Act , which increased tribal control over reservations and helped with funding to build schools closer to reservations. On January 24, 1983, President Ronald Reagan issued an American Indian policy statement that supported explicit repudiation of
13802-511: 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
13936-471: 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
14070-521: 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
14204-503: The size of their claim settlements". On 13 August 1946 the Indian Claims Commission Act of 1946, Pub. L. No. 79-726, ch. 959, passed. Its purpose was to settle for all time any outstanding grievances or claims the tribes might have against the U.S. for treaty breaches, unauthorized taking of land, dishonorable or unfair dealings, or inadequate compensation. Claims had to be filed within a five-year period. Most of
14338-660: 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,
14472-613: 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
14606-535: 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,
14740-448: The state civil as well as criminal jurisdiction over Indians and tribes. During congressional hearings on the law, tribes strongly opposed the passage, fearful that states would deprive them of their reservations. The State of New York disavowed any intention to break up or deprive tribes of their reservations and asserted that they "did not have the ability to do so". On September 13, 1950, Congress enacted An Act to confer jurisdiction on
14874-408: The state from enforcing judgments regarding any land disputes or applying any State Laws to tribal lands or claims prior to the effective date of the law 13 September 1952. House Concurrent Resolution 108 of 1953 was a formal statement issued on August 1, 1953, by the United States Congress announcing the official federal policy of termination. The resolution called for the immediate termination of
15008-597: The state from requiring tribal members to obtain fish and game licenses. On 5 October 1949 Congress enacted An Act to confer jurisdiction on the State of California over the lands and residents of the Agua Caliente Indian Reservation in said State, and for other purposes , [Public Law 322] 63 Stat. 705, which stated that "on and after January 1, 1950, all lands located on the Agua Caliente Indian Reservation in
15142-500: 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
15276-411: The state were not allowed jurisdiction over crimes that were not federal offenses. In addition, because of the allotment program, approximately 80,000 acres (320 km ) of Indian land had been assigned to tribal members and were in state jurisdiction, while only about 35,000 acres (140 km ) of Indian land were held in the federal trust. Bruce cited six reasons the Federal Government might support
15410-529: 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
15544-694: The strongest proponent of termination, equated it with the Emancipation Proclamation , which had declared the freedom of all slaves in the territory of the Confederate States of America . In 1953, the United States House of Representatives and the Senate announced their support for the termination policy, with House Concurrent Resolution 108 : Whereas it is the policy of Congress, as rapidly as possible, to make
15678-518: The termination policy. Termination, although often accompanied with pressure and coercion, was considered "voluntary" and required tribal consent. Some of the tribes in this category may have had a formal termination agreement approved, but they were successful at warding off termination until repudiation, or terms of their agreement were unmet. Other tribes in this category were approved for termination, but were successful in testifying before Congress that they should not be terminated. Beginning in 1953,
15812-660: The three tribes began filing litigation in the 1950s. As a result of a claim filed with the Indian Claims Commission, the group was awarded a settlement of $ 1,313,472.65 on August 11, 1964. To distribute the funds, Congress passed Public Law 90-93 81 Stat. 229 Emigrant New York Indians of Wisconsin Judgment Act and prepared separate rolls of persons in each of the three groups to determine which tribal members had at least one-quarter "Emigrant New York Indian blood". It further directed tribal governing bodies of
15946-415: The total Native American population. Approximately 2,500,000 acres (10,000 km) of trust land was removed from protected status during these years. Much was sold by individuals to non-Natives. The termination of these tribes ended federal government guardianship of and recognition of those tribal governments and US jurisdiction of tribal lands. In addition to ending the tribal rights as sovereign nations,
16080-474: 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
16214-449: The transfer: Up until this time, Kansas had exercised jurisdiction over offenses, including those listed in the Indian Major Crimes Act, but when that authority was called into question, the state sought clarification of its authority. Accordingly, the stated purpose of the act was to "merely confirm a relationship which the State has willingly assumed, which the Indians have willingly accepted, and which has produced successful results, over
16348-563: The tribe petitioned the Department of the Interior again. In 2012 the department, in the final determination on the Brothertown petition, determined that the tribal status of the group was terminated by the 1839 act granting citizenship. The acting assistant secretary noted that only Congress could restore the tribal status. In an ongoing effort to regain recognition, the tribe asked the Town Board of Brothertown, Wisconsin for support. In
16482-541: The troubling problems due to extreme mismanagement. Congress concluded that some tribes no longer needed federal 'protection' and would be better off with more independence, rather than having them depend on and be poorly supervised by the BIA. They also thought the tribes should be assimilated to mainstream American society. Goals of termination included freeing the Indians from domination by the BIA, repealing laws that discriminated against Indians, and ending federal supervision of Indians. Senator Arthur V. Watkins of Utah ,
16616-407: The wake of termination, it took on new life. Policymakers saw that settling claims would become the means to speed along the process of ending "Indian-identity" and move tribe members into the broader society. Simultaneously it would eliminate the need of the government to continue serving as tribal guardian, or at the very least allow the government to reduce "appropriations for tribes in proportion to
16750-717: 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
16884-403: Was "trial" legislation granting state jurisdiction over most criminal offenses committed by or against Indians on Indian reservations. If successful, it was to be implemented elsewhere. Kansas had been exercising jurisdiction over offenses, including those listed in the Indian Major Crimes Act, and their authority to do that was called into question. To clarify the state's authority, they proposed
17018-469: Was a precursor to the Indian termination policy and in essence was a kind of "trial legislation" to see if such transfers would be effective. Several other states followed suit. Today, the jurisdictional gap which existed when the Kansas Act was passed no longer exists, and instead there is an overlap; a native person committing a single crime within Indian country in the state of Kansas could be prosecuted by
17152-677: 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
17286-519: 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
17420-427: Was changed in the 1960s and rising activism resulted in the ensuing decades of restoration of tribal governments and increased Native American self-determination . Termination began with a series of laws directed at dismantling tribal sovereignty. From June 1940 until September 1950, six laws were passed that gave states criminal or limited-criminal jurisdiction over tribes and reservations within those states. In 1949,
17554-486: Was formally abandoned. Of the more than one hundred tribes terminated during this era, many regained federal recognition. The tribes achieved this through long court battles, which for some tribes took decades and exhausted large amounts of money. Some tribes, like the Choctaw and Seneca , were able to delay termination long enough to have it cancelled before implementation. Other tribes were marked for termination, like
17688-524: Was found in a Department of the Interior memo entitled Indian Claims Commission Awards Over $ 38.5 Million to Indian Tribes in 1964 , which states that the Emigrant Indians of New York are "now known as the Oneidas , Stockbridge-Munsee , and Brotherton Indians of Wisconsin". In an effort to fight termination and force the government into recognizing their outstanding land claims from New York,
17822-635: 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
17956-490: Was passed as Title 25 U.S. Code § 217a ch. 276, 54 Stat. 249. The Title 25 section was repealed and amended on 25 June 1948 to become part of the Crimes and Criminal Code statutes rather than Indians statutes. It is currently known as Title 18 U.S. Code § 3243 ch. 211, 62 Stat. 827. The Act was a precursor to the Indian termination policy and in essence was a kind of "test law," to see if such transfers would be effective. In
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