Who is an Indian?
What is an Indian Tribe?
What is a Federally
recognized tribe?
How does an Indian become a member
of a Tribe?
What is a reservation?
Do all Indians live
on reservations?
Are Indians required to stay
on reservations?
Do Indians have the right
to own land?
What does tribal sovereignty
mean to Indians?
Are Indians wards
of the government?
Do Indians get payments
from the government?
Are Indians entitled to a free college
education?
Are Indians U.S. citizens?
|
| Can Indians Vote?
Do Indians have the right to hold
Federal, State and local government offices?
Do Indians pay taxes?
Do laws that apply
to non-Indians also apply to Indians?
How is Indian gaming
regulated?
Does the United States still make treaties
with Indians?
How do Indian tribes govern
themselves?
Do Indians have special
rights different from other citizens?
Did all Indians speak one language?
Do Indians serve in the Armed
Forces?
How does one trace Indian ancestry
and become a member of a tribe?
Why are Indians sometimes referred to as Native
Americans?
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Who is an Indian?
No single Federal or tribal criterion establishes a person's identity
as an Indian. Government agencies use differing criteria to determine
who is an Indian eligible to participate in their programs. Tribes also
have varying eligibility criteria for membership. To determine what
the criteria might be for agencies or Tribes, you must contact each
entity directly.
To be eligible for Bureau of Indian Affairs services, an Indian must
(1) be a member of a Tribe recognized by the Federal Government, (2)
one-half or more Indian blood of tribes indigenous to the United States
(25 USC 479) ; or (3) must, for some purposes, be of one-fourth or more
Indian ancestry. By legislative and administrative decision, the Aleuts,
Eskimos and Indians of Alaska are eligible for BIA services. Most of
the BIA's services and programs, however, are limited to Indians living
on or near Indian reservations.
The Bureau of the Census counts anyone an Indian who declares himself
or herself to be an Indian. In 1990 the Census figures showed there
were 1,959,234 American Indians and Alaska Natives living in the United
States (1,878,285 American Indians, 57,152 Eskimos, and 23,797 Aleuts).
This is a 37.9 percent increase over the 1980 recorded total of 1,420,000.
The increase is attributed to improved census taking and more self-
identification during the 1990 count.
The BIA's 1993 estimate is that about 1.2 million of this total population
live on or adjacent to Federal Indian reservations. This is the segment
of the U.S. Indian and Alaska Native population served by the BIA through
formal, on-going relations.
What is an Indian Tribe?
Originally, an Indian Tribe was a body of people bound together by blood
ties who were socially, politically, and religiously organized, who
lived together in a defined territory and who spoke a common language
or dialect. The establishment of the reservation system created
some new tribal groupings when two or three tribes were placed on one
reservation, or when members of one tribe were spread over two or three
reservations.
What is a Federally
recognized tribe?
There are more than 550 Federally recognized Tribes in the United States,
including 223 village groups in Alaska. "Federally recognized"
means these tribes and groups have a special, legal relationship with
the U.S. government. This relationship is referred to as a government-to-government
relationship. Members of Federally recognized Tribes who do not reside
on their reservations have limited relations with the BIA and IHS, since
BIA and IHS programs are primarily administered for members of Federally
recognized tribes who live on or near reservations.
A number of Indian Tribes and groups in the U.S. do not have a Federally
recognized status, although some are State recognized. This means they
have no relations with the BIA or the programs it operates. A special
program of the BIA, however, works with those groups seeking Federal
recognition status. Of the 150 petitions for Federal recognition received
by the BIA since 1978, 12 have received acknowledgment through the BIA
process, two groups had their status clarified by the Department of
the Interior through other means, and seven were restored or recognized
by Congress.
How does an Indian become a member
of a Tribe?
A Tribe sets up its own membership criteria, although the U.S. Congress
can also establish tribal membership criteria. Becoming a member of
a particular Tribe requires meeting its membership rules, including
adoption. Except for adoption, the amount of blood quantum needed varies,
with some Tribes requiring only proof of desent from an Indian ancestor,
while others may require as much as one-half.
What is a reservation?
In the U.S. there are only two kinds of reserved lands that are well-known:
military and Indian. An Indian reservation is land a Tribe reserved
for itself when it relinquished its other land areas to the U.S. through
treaties. More recently, Congressional acts, Executive Orders and administrative
acts have created reservations. Today some reservations have non-Indian
residents and land owners living within the boundaries of reservations.
There are approximately 275 Indian land areas in the U.S. administered
as Indian reservations (reservations, pueblos, rancherias, communities,
etc.). The largest is the Navajo Reservation of some 16-million acres
of land in Arizona, New Mexico, and Utah. Many of the smaller reservations
are less than 1,000 acres with the smallest less than 100 acres. On
each reservation, the local governing authority is the tribal government.
Approximately 56.2-million acres of land are held in trust by the United
States for various Indian Tribes and individuals. Much of this is reservation
land; however, not all reservation land is trust land. On behalf of
the United States, the Secretary of the Interior serves as trustee for
such lands with many routine trustee responsibilities delegated to BIA
officials.
The States in which reservations are located have limited powers over
them, and only as provided by Federal law. On some reservations, however,
a high percentage of the land is owned and occupied by non-Indians.
Some 140 reservations have entirely tribally owned land.
Do all Indians live
on reservations?
No. Indians can and do live anywhere in the United States that they
wish. Many leave their home reservations for educational and employment
purposes. Over half of the total U.S. Indian and Alaska Native population
now lives away from reservations. Most return home often to participate
in family and tribal life and sometimes to retire.
Are Indians required to stay
on reservations?
No. Indians are free to move about like all other Americans. Contrary
to popular belief, Indians are not required to acquire passports to
leave or enter reservations.
Do Indians have the right
to own land?
Yes. As U.S. citizens, Indians can buy and hold title to land purchased
with their own funds. Nearly all lands of Indian Tribes, however, are
held in trust for them by the United States. There is no general law
that permits a tribe to sell its land. Individual Indians also own trust
land, which they can sell, but only upon the approval of the Secretary
of the Interior or his representative. If an Indian wants to extinguish
the trust title to his land and hold title like any other citizen (with
all the attendant responsibilities such as paying taxes), he can do
so if the Secretary of the Interior or his authorized representative
determines that he is able to manage his own affairs. This is a protection
for the individual.
What does tribal sovereignty
mean to Indians?
When Indian Tribes first encountered Europeans, they were dealt with
because of their strength in numbers and were treated as sovereign governments
with whom treaties were made. When tribes gave up their lands to the
U.S., they retained certain sovereignty over the lands they kept. While
such sovereignty is limited today, it is nevertheless jealously guarded
by the tribes against encroachments by other sovereign entities such
as States. Tribes enjoy a direct government-to-government relationship
with the U.S. government wherein no decisions about their lands and
people are made without their consent.
Are Indians ards
of the government?
No. The Federal Government is a trustee of Indian property, it is not
a guardian of individual Indians. The Secretary of the Interior is authorized
by law, in many instances, to protect the interests of minors and incompetents,
but this protection does not confer a guardian-ward relationship.
Do Indians get payments
from the government?
No individual is automatically paid for being an Indian. The Federal
Government may pay a Tribe or an individual in compensation for damages
for losses resulting from treaty violations, for encroachments on Indian
lands, or for other past or present wrongs. A Tribe or an individual
may also receive a government check for payment of income from their
lands and resources. This occurs because their resources are held in
trust by the Secretary of the Interior and payment for their use has
been collected from users by the Federal Government in their behalf.
Fees collected from oil or grazing leases are an example of this situation.
Are Indians entitled to a free college
education?
No. An individual does not automatically receive funding because of
Indian ancestry. The Indian higher education program provides financial
aid to eligible students, based on demonstrated financial need, who
have plans to attend an accredited institution of higher education.
A student must obtain an application packet and other financial aid
information form their tribe, home BIA Agency, or Area Office of Indian
Education Programs. The Higher Education Grant Program is available
to an individual who is a member of a federally Recognized Indian tribe.
Are Indians U.S. citizens?
Yes. Before the U.S. Congress extended American citizenship in 1924
to all Indians born in the territorial limits of the United States,
citizenship had been conferred upon approximately two-thirds of the
Indian population through treaty agreements, statutes, naturalization
proceedings, and by "service in the Armed Forces with an honorable
discharge" in World War I. Indians also are members of their respective
Tribes and thus have dual citizenship.
Can Indians Vote?
Yes. Indians have the same right to vote as other U.S. citizens. In
1948, the Arizona Supreme Court declared as unconstitutional disenfranchising
interpretation of the State constitution. Thus Indians were permitted
to vote as in most other States. A 1953 Utah State law stated that persons
living on Indian reservations were not residents of the State and could
not vote. That law was subsequently repealed. In 1954, Indians in Maine
who were not then Federally recognized were given the right to vote,
and in 1962, New Mexico extended the right to vote to Indians. Indians
also vote in State and local elections and in their affiliated tribal
elections. Each tribe, however, determines which of its members are
eligible to vote in its elections. This qualification to do so is not
related to the individual Indian's right to vote in national, State
or local (non-Indian) elections.
Do Indians have the right to hold
Federal, State and local government offices?
Yes. Indians have the same rights as other citizens to hold public office.
Indian men and women have held elective and appointive offices at all
levels of government. Charles Curtis, a Kaw Indian from Kansas, served
as Vice President of the United States under President Herbert Hoover.
Indians have been elected to the U.S. Congress from time to time for
more than 80 years. Ben Reifel, a Sioux Indian from South Dakota, served
five terms in the U.S. House of Representatives. Ben Nighthorse Campbell,
a member of the Northern Cheyenne Tribe of Montana, was elected to the
U.S. House of Representatives in 1986 from the Third District of Colorado,
and is currently serving in the United States Senate. He is the only
American Indian currently serving in Congress. Other Indians who have
served in the U.S. Congress include:
U.S. Senate:
Hiram R. Revels, Lumbee from Mississippi, 1870-1871
Mathew Stanley Quay, Abenaki or Delaware from Pennsylvania, 1887-1899
and 1901-1904
Charles Curtis, Kaw from Kansas, 1907-1912 and 1915-1929 (Vice-President
from 1929-1933)
Robert L. Owens, Cherokee from Oklahoma, 1907-1925
U.S. House of Representatives:
Charles Curtis, Kaw from Kansas, 1893-1907
Charles D. Carter, Choctaw from Oklahoma, 1907-1927
W.W. Hastings, Cherokee from Oklahoma, 1915-1921 and 1923-1935
Will Rogers, Jr., Cherokee from California, 1943-1944
William G. Stigler, Chocktaw from Oklahoma, 1944-1952
Benjamin Reifel, Rosebud Sioux from South Dakota, 1961-1971
Clem Rogers McSpadden, Cherokee from Oklahoma, 1972-1975
Indians also served in and now hold office in a number of State legislatures.
Others currently hold or have held elected or appointive positions in
State judiciary systems and in county and city governments including
local school boards. Larry Echo Hawk, an enrolled member of the Pawnee
Tribe, served as attorney general of Idaho from 1992 to 1994.
Do Indians pay taxes?
Yes. They pay the same taxes as other citizens with the following exceptions:
- Federal income taxes are not levied on income from trust lands held
for them by the United States;
- State income taxes are not paid on income earned on a Indian reservation;
- State sales taxes are not paid by Indians on transactions made on
an Indian reservation; and
- Local property taxes are not paid on reservation or trust land.
Do laws that apply
to non-Indians also apply to Indians?
Yes. As U.S. citizens, Indians are generally subject to Federal, State,
and local laws. On Indian reservations, however, only Federal and tribal
laws apply to members of the Tribe unless the Congress provides otherwise.
In Federal law, the Assimilative Crimes Act makes any violation of State
criminal law a Federal offense on reservations. Most Tribes now maintain
tribal court systems and facilities to detain tribal members convicted
of certain offenses within the boundaries of the reservation.
How is Indian gaming
regulated?
Indian land is not under State law unless a Federal law places it under
State law. The Supreme Court held that even if a tribe is under State
law the State gaming regulations do not apply on Indian trust land.
In 1988 Congress passed the Indian Gaming Regulatory Act. This
law allows traditional Indian gaming as well as bingo, pull tabs, lotto,
punch boards, tip jars, and certain card games on tribal land. However,
it requires a Tribal/State compact for other forms of gaming such as
cards or slot machines. Today there are about 145 Tribal-State gaming
compacts. Nearly 130 tribes in 24 states are involved in some kind of
gaming.
The National Indian Gaming Commission was established by Congress to
develop regulations for Indian gaming. For more information contact
the National Indian Gaming Commission, 9th., Floor, 1441 L Street, NW,
Washington, DC 20005, (202) 632-7003.
Does the United States still make treaties
with Indians?
No. Congress ended treaty-making with Indian tribes in 1871. Since the,
relations with Indian groups are by Congressional acts, Executive Orders,
and Executive Agreements. Between 1778, when the first treaty was made
with the Delawares, to 1871, when Congress ended the treaty making period,
the U.S. Senate ratified 370 Indian treaties. At least 45 others were
negotiated with tribes but were never ratified by the Senate.
The treaties that were made often contain obsolete commitments which
have either been fulfilled or superseded by Congressional legislation.
The provision of education, health, welfare, and other services by the
government to tribes often has extended beyond treaty requirements.
A number of large Indian groups have no treaties, yet share in the many
services for Indians provided by the Federal Government.
The specifics of particular treaties signed by government negotiators
with Indians are contained in one volume (Vol. II) of the publication,
"Indian Affairs, Laws and Treaties," compiled, annotated and
edited by Charles Kappler. Published by the Government Printing Office
in 1904, it is now out of print, but can be found in most large law
libraries. More recently the treaty volume has been published privately
under the title, "Indian Treaties, 1778-1883."
Originals of all the treaties are maintained by the National Archives
and Records Service of the General Services Administration. A duplicate
of a treaty is available upon request for a fee. The agency will also
answer questions about specific Indian treaties. Write to: Diplomatic
Branch, National Archives and Records Services, Washington, DC 20408.
How do Indian tribes govern
themselves?
Most tribal governments are organized democratically, that is, with
an elected leadership. The governing body is generally referred to as
a "council" and comprised of persons elected by vote of the
eligible adult tribal members. The presiding official is the "chairman,"
although some tribes use other titles such as "principal chief,"
"president" or "governor." An elected tribal council,
recognized as such by the Secretary of the Interior, has authority to
speak and act for the tribe and to represent it in negotiations with
Federal State, and local governments.
Tribal governments generally define conditions of membership, regulate
domestic relations of members, prescribe rules of inheritance for reservation
property not in trust status, levy taxes, regulate property under tribal
jurisdiction, control conduct of members by tribal ordinances, and administer
justice.
Many tribes are organized under the Indian Reorganization Act (IRA)
of 1934, including a number of Alaska Native villages, which adopted
formal governing documents (Constitutions) under the provisions of a
1936 amendment to the IRA. The passage in 1971 of the Alaska Native
Claims Settlement Act, however, provided for the creation of village
and regional corporations under State law to manage the money and lands
granted by the Act. The Oklahoma Indian Welfare Act of 1936 provided
for the organization of Indian tribes within the State of Oklahoma.
Some tribes do not operate under any of these acts, but are nevertheless
organized under documents approved of governments. Prior to reorganization,
the tribes maintained their own, often highly developed, systems of
self-government.
Do Indians have special
rights different from other citizens?
Any special rights that Indian tribes or members of those tribes have
are generally based on treaties or other agreements between the United
States and tribes. The heavy price Indians paid to retain certain "sovereign"
rights was to relinquish much of their land to the United States. The
inherent rights they did not relinquish are protected by U.S. law. Among
those may be hunting and fishing rights and access to religious sites.
Did all Indians speak one language?
At the end of the 15th century, more than 300 languages were spoken
by the native population of what is now the United States. Some were
linked by "linguistic stocks" which meant that widely scattered
tribal groups had some similarities in their languages. Today, some
250 tribal languages are still spoken, some by only a few individuals
and others by many. Most Indians now use English as their main language
for communicating with non-tribal members. For many, it is a second
language.
Do Indians serve in the Armed
Forces?
Yes. Indians have the same obligations for military service as other
U.S. citizens. They have fought in all American wars since the Revolution.
In the Civil War, they served on both sides. Eli S. Parker, Seneca from
New York, was at Appomattox as aide to Gen. Ulysses S. Grant when Lee
surrendered, and the unit of Confederate Brigadier General Stand Watie
(Cherokee) was the last to surrender. It was not until World War I that
Indians' demonstrated patriotism (6,000 of the more than 8,000 who served
were volunteers) moved Congress to pass the Indian Citizenship Act of
1924. In World War II, 25,000 Indian men and women, mainly enlisted
Army personnel, fought on all fronts in Europe and Asia, winning (according
to an incomplete count) 71 Air Medals, 51 Silver Stars, 47 Bronze Stars,
34 Distinguished Flying Crosses, and two Congressional Medals of Honor.
The most famous Indian exploit of World War II was the use by Navajo
Marines of their language as a battlefield code, the only such code
which the enemy could not break. In the Korean conflict, there was one
Indian Congressional Medal of Honor winner. In the Vietnam War, 41,500
Indians served in the military forces. In 1990, prior to Operation Desert
Storm, some 24,000 Indian men and women were in the military. Approximately
3,000 served in the Persian Gulf with three among those killed in action.
One out of every four Indian males is a military veteran and 45 to 47
percent of tribal leaders today are military veterans.
How does one trace Indian ancestry
and become a member of a tribe?
The first step in tracing Indian ancestry is basic genealogical research
if one does not already have specific family information and documents
that identify tribal ties. Some information to obtain is:
- names of ancestors;
- dates of birth;
- marriages and death;
- places where they lived;
- their brothers and sisters, if any, and, most importantly, tribal
affiliations.
Among family documents to check are bibles, wills, and other such papers.
The next step is to determine whether your ancestors are on an official
tribal roll or census. For this there are several sources: The National
Archives and Records Administration, Natural Resources Branch, Civil Archives
Division, 8th and Pennsylvania Ave., NW, Washington, D.C. 20408.
The BIA maintains a directory of Tribal offices. When you know to which
tribe you may be a member, contact the BIA, Branch of Tribal Enrollment,
1849 C St. NW, Washington, D.C. 20240 to get the address and phone number
of the tribal membership office. Contact the tribe to see if they have
records of your ancestors. The key in determining Indian ancestry is identification
of a specific tribal affiliation. Becoming a member of a tribe is determined
by the enrollment criteria of the tribe from which Indian blood may be
derived, and this varies with each tribe. Generally, if linkage to an
identified tribal member is far removed, one would not qualify for membership,
but it is the tribe, not the BIA, which makes that determination.
Why are Indians sometimes referred to
as Native Americans?
The term, "Native American," came into usage in the 1960's
to denote the groups served by the Bureau of Indian Affairs: American
Indians and Alaska Native (Indians, Eskimos and Aleuts of Alaska). Later
the term also included Native Hawaiians and Pacific Islanders in some
Federal programs. It, therefore, came into disfavor among some Indian
groups. The preferred term is American Indian.
The Eskimos and Aleuts in Alaska are two culturally distinct groups
and are sensitive about being included under the "Indian"
designation. They prefer, "Alaska Native."
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