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a federal law of the United States establishing "a method whereby States may assume jurisdiction over reservation Indians," as stated by Arizona Supreme Court Justice Stanley G. Feldman. (State v. Zaman, 1994)
The Act mandated a transfer of federal law enforcement authority within certain tribal nations to state governments in six states: California, Minnesota, Nebraska, Oregon, Wisconsin and, upon its statehood, Alaska. Other states were allowed to elect similar transfers of power if the Indian tribes affected give their consent. Since then, Nevada, South Dakota, Washington, Florida, Idaho, Montana, North Dakota, Arizona, Iowa, and Utah have assumed some jurisdiction over crimes committed by tribal members on tribal lands.
The Act added to a complex matrix of jurisdictional conflict that defined tribal governance at the end of the 20th century. |
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passed August 1, 1953, declared it to be the sense of congress that it should be policy of the United States to abolish federal supervision over American Indian tribes as soon as possible and to subject the Indians to the same laws, privileges, and responsibilities as other US citizens.[1]
The consequence of HCR-108 was the beginning of an era of termination policy, in which the federally recognized status of many Native American tribes was revoked, ending the government responsibility to tribe members and withdrawing legal protection to territory, culture, and religion.
HCR-108 was passed concurrently with Public Law 280, which granted state jurisdiction over civil and criminal offenses committed by or upon Native Americans in Indian Territory in the states of California, Minnesota, Wisconsin, Oregon, and Nebraska, all of which have large Indigenous populations. |
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| the free choice of one’s own acts without external compulsion. In politics it is seen as the freedom of the people of a given territory or national grouping to determine their own political status and how they will be governed without undue influence from any other country. |
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Native Americans in the United States who live in urban areas. The number of Indians living in urban settings has greatly accelerated in the 1950s and 1960s, due to the Indian termination policy of that era, which encouraged Indians to leave their reservations. In particular, the Indian Relocation Act of 1956 covered moving expenses and provided some vocational training to those who were willing to move from the reservations to certain government-designated cities.
Among the earliest urban Indian centers were the Phoenix Indian Center (1947), Chicago Indian Center (1953) and the Intertribal Friendship House in Oakland, California (1954).[6] Their numbers grew greatly in the wake of urban Indian involvement in the American Indian Movement in the late 1960s and early 1970s. As of 2008, the federal government provided some funding for services at 58 urban Indian centers. |
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AIM gained international press when it seized the Bureau of Indian Affairs headquarters in Washington, D.C., in 1972, and in 1973 had a standoff at Wounded Knee, South Dakota, on the Pine Ridge Indian Reservation. The early organization was formed to address various issues concerning the Native American community including poverty, housing, treaty issues, and police harassment [2]. From its beginnings in Minnesota, AIM soon attracted members from across the United States (and Canada). It was also involved in the Rainbow Coalition (Fred Hampton). Charles Deegan Sr. was involved with the AIM patrol.
In the decades since AIM's founding, the group has led protests advocating indigenous American interests, inspired cultural renewal, monitored police activities, and coordinated employment programs in cities and in rural reservation communities across the United States. AIM has often supported indigenous interests outside the United States as well. By 1993 AIM had split into two main factions, with the AIM-Grand Governing Council based in Minneapolis and affirming its right to use the name and trademarks for affiliated chapters. |
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| the process of returning a person back to one's place of origin or citizenship. This includes the process of returning refugees or soldiers to their place of origin following a war. The Native American Graves Protection and Repatriation Act (NAGPRA), Pub.L. 101-601, 104 Stat. 3048, is a United States federal law passed on 16 November 1990 requiring federal agencies and institutions that receive federal funding[1] to return Native American cultural items and human remains to their respective peoples. Cultural items include funerary objects, sacred objects, and objects of cultural patrimony. In addition, it authorizes a program of federal grants to assist in the repatriation process. It is now the strongest federal legislation pertaining to aboriginal remains and artifacts. |
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| used to describe Native Americans who served in the United States Marine Corps whose primary job was the transmission of secret tactical messages. Code talkers transmitted these messages over military telephone or radio communications nets using formal or informally developed codes built upon their native languages. Their service was very valuable because it enhanced the communications security of vital front line operations during World War II. |
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| was the policy of the United States from the mid-1940s to the mid-1960s.[1] The belief was that Native Americans (Indians) would be better off if assimilated as individuals into mainstream American society. To that end, Congress proposed to end the special relationship between tribes and the federal government. The intention was to grant Native Americans all the rights and privileges of citizenship, and to reduce their dependence on a bureaucracy whose mismanagement had been documented. In practical terms, the policy terminated the US government's recognition of sovereignty of tribes, trusteeship of Indian reservations, and exclusion of Indians from state laws. Native Americans were to become subject to state and federal taxes as well as laws, from which they had previously been exempt. [2] |
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| a judicial panel for relations between the United States Federal Government and Native American tribes. It was established in 1946 by the United States Congress to hear claims of Indian tribes against the United States.[1] The commission was conceived as way to thank Native America for its unprecedented service in World War II and as a way to relieve the anxiety and resentment caused by America’s history of colonization of Indigenous peoples. The Commission created a process for tribes to address their grievances against the United States, and offered monetary compensation for territory lost as a result of broken federal treaties. However, by accepting the government's monetary offer, the aggrieved tribe abdicated any right to raise their claim again in the future, and on occasion gave up their federal status as a tribe after accepting compensation. |
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| was a U.S. Army Quartermaster Corps soldier killed during the same Iraqi Army attack in which her friends and fellow soldiers Shoshana Johnson and Jessica Lynch were injured. A member of the Hopi tribe, Piestewa was the first woman in the U.S. armed forces killed in the 2003 Iraq war and is the first Native American woman to die in combat while serving with the U.S. military. |
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| a United States Supreme Court case regarding the criminal jurisdiction of Tribal courts over non-Indians. The case was decided on March 6, 1978, with a 6-2 majority. The decision stated that Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress.[5] The decision stated that tribal powers could be divested both explicitly and implicitly, if they are in violation of their status of "domestic dependent nations." |
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With the passage of the Indian Civil Rights Act (ICRA) in 1968, also called the Indian Bill of Rights, Native Americans were guaranteed many civil rights they had been fighting for. The IRCA supports (1) the right to free speech, press, and assembly; (2) protection from unreasonable search and seizure; (3) the right of a criminal defendant to a speedy trial, to be advised of the charges, and to confront any adverse witnesses; (4) the right to hire an attorney in a criminal case; (5) protection against self incrimination; (6) protection against cruel and unusual punishment, excessive bail, incarceration of more than one year and/or a fine in excess of $5,000 for any one offense; (7) protection from double jeopardy or ex post facto laws; (8) the right to a trial by a jury for offenses punishable by imprisonment; and (9) equal protection under the law, and due process [5].
Many other civil rights such as sovereignty, hunting and fishing, voting, and traveling have been fought for or are being sought. |
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| was a nineteenth century policy of the government of the United States to relocate Native American tribes living east of the Mississippi River to lands west of the river. The Indian Removal Act, part of a United States government policy known as Indian removal, was signed into law by President Andrew Jackson on May 26, 1830. |
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| The Trail of Broken Treaties (also known as the Trail of Broken Treaties Caravan) was a cross-country protest by American Indian and First Nations organizations that took place in the autumn of 1972, intended to bring attention to American Indian issues such as treaty rights, living standards, and inadequate housing. In Minneapolis, a Twenty-Point Position paper was drawn up. The paper was meant to establish the sovereignty of the Indian Nations |
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| began February 27, 1973 when the town of Wounded Knee, South Dakota was seized by followers of the American Indian Movement (AIM). The occupiers controlled the town for 71 days while the United States Marshals Service and other law enforcement agencies cordoned off the town. |
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| was an American social reformer and Native American advocate. |
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| ICWA gives tribal governments a strong voice concerning child custody proceedings which involve Indian children, by allocating tribes exclusive jurisdiction over the case when the child resides on, or is domiciled on, the reservation, or when the child is a ward of the tribe; and concurrent, but presumptive, jurisdiction over non-reservation Native Americans’ foster care placement proceedings. |
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| Devil's tower - douchey climbers |
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| a set of United States Supreme Court cases, all dealing with water distribution from the Colorado River. |
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| refers to the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The US federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the United States federal and state governments and the tribal nations. The Constitution and later federal laws grant to tribal nations more sovereignty than is granted to states or other local jurisdictions, yet do not grant full sovereignty equivalent to foreign nations, hence the term "domestic dependent nations". |
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| large scale protests kicked off by the state of Washington trying to regulate tribal fishing. |
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| Congress passed the Indian Claims Commission Act in 1946. The plan soon ran into trouble. The three-person board could only give money for land; it could not take away lands that were now owned by the descendants of the original, often illegal white settlers. |
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| California Fair Political Practices Commission |
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| was a cross-country protest by American Indian and First Nations organizations that took place in the autumn of 1972, intended to bring attention to American Indian issues such as treaty rights, living standards, and inadequate housing. |
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| the first female Chief of the Cherokee Nation. She served as the Principal Chief for ten years from 1985 to 1995. |
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| Indian Reorganization Act |
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| informally, the Indian New Deal, was a U.S. federal legislation which secured certain rights to Native Americans, including Alaska Natives.[1] These include a reversal of the Dawes Act's privatization of common holdings of American Indians and a return to local self-government on a tribal basis. The Act also restored to Native Americans the management of their assets (being mainly land) and included provisions intended to create a sound economic foundation for the inhabitants of Indian reservations. |
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| better known as the "Boldt Decision", was a controversial 1974 court case which affirmed the right of most of the tribes in the U.S. state of Washington to continue to harvest salmon. Many opponents of this case couch it as a "grant" of rights to the tribes. More accurately, the decision was simply affirming that when the Tribes released their interest in the millions of acres of land in Washington State through a series of treaties signed in 1854 and 1855, they reserved the right to continue fishing. For example, the Treaty of Medicine Creek (1854) includes the following language: "The right of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians in common with all citizens of the Territory. |
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| a member of the Ponca Tribe of Indians of Oklahoma[1] and raised according to Ponca traditions. He later became an activist for Native American civil rights. Feeling that the National Congress of American Indians was too conservative and not meeting the needs of Native youth, Warrior co-founded the National Indian Youth Council in 1961.[3] He promoted self-determination and inspired many young Native activists during the 1960s and 1970s.[4] |
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| a class-action lawsuit brought by Native American representatives against the United States government. The plaintiffs claim that the U.S. government has incorrectly accounted for Indian trust assets, which belong to individual Native Americans (as beneficial owners) but are managed by the Department of the Interior (as the legal owner and fiduciary trustee). The case was filed in the United States District Court for the District of Columbia. The original complaint asserted claims for mismanagement of the trust assets; these were subsequently disallowed since such claims could only properly be asserted in the United States Court of Federal Claims. |
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| American Indian Religious Freedom Act |
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| a United States federal law and a joint resolution of Congress that was passed in 1978. It was created to protect and preserve the traditional religious rights and cultural practices of American Indians, Eskimos, Aleuts, and Native Hawaiians.[1] These rights include, but are not limited to, access of sacred sites, freedom to worship through ceremonial and traditional rights and use and possession of objects considered sacred. The Act required policies of all governmental agencies to eliminate interference with the free exercise of Native religion, based on the First Amendment, and to accommodate access to and use of religious sites to the extent that the use is practicable and is not inconsistent with an agency's essential functions. It also acknowledged the prior violation of that right. |
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| Indian Self-determination and Educational Assistance Act |
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| Signed into law on 4 January 1975, this legislation completed a fifteen-year period of policy reform with regard to American Indian tribes. Passage of this law made self-determination, rather than termination, the focus of government action, reversing a thirty-year effort to sever treaty relationships with and obligations to Indian tribes. |
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| a term used when smaller groups within a larger society maintain their unique cultural identities, and whose values and practices are accepted by the wider culture. |
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| Indian Gaming Regulatory Act |
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| a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no federal gaming structure before this act. [1]The stated purposes of the act include providing a legislative basis for the operation/regulation of Indian gaming, protecting gaming as a means of generating revenue for the tribes, encouraging economic development of these tribes, and protecting the enterprises from negative influences (such as organized crime)[2]. The law established the National Indian Gaming Commission and gave it a regulatory mandate. The law also delegated new authority to the U.S. Department of the Interior and created new federal offenses, giving the U.S. Department of Justice authority to prosecute them. |
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| National Congress of American Indians |
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| a Native American indigenous rights organization. It was founded in 1944 in response to termination and assimilation policies that the United States forced upon the tribal governments in contradiction of their treaty rights and status as sovereigns. |
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| Native American Graves Protection and Repatriation Act |
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| a United States federal law passed on 16 November 1990 requiring federal agencies and institutions that receive federal funding[1] to return Native American cultural items and human remains to their respective peoples. Cultural items include funerary objects, sacred objects, and objects of cultural patrimony. In addition, it authorizes a program of federal grants to assist in the repatriation process. It is now the strongest federal legislation pertaining to aboriginal remains and artifacts. |
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| a gathering of North America's Native people. The word derives from the Narragansett word powwaw, meaning "spiritual leader". |
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| California v. Cabazon Band of Mission Indians |
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| determined that if a form of gaming is illegal in a state, Indian reservations may not engage in that form of gaming, and if a form of gaming is legal in a state, Indian reservations may engage in that form of gaming, regardless of other laws limiting the gaming. |
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| Alaska Native Claims Settlement Act |
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| was signed into law by President Richard M. Nixon on December 18, 1971, the largest land claims settlement in United States history. ANCSA was intended to resolve the long-standing issues surrounding aboriginal land claims in Alaska, as well as to stimulate economic development throughout Alaska. The settlement extinguished Alaska Native claims to the land by transferring titles to twelve Alaska Native regional corporations and over 200 local village corporations. A thirteenth regional corporation was later created for Alaska Natives who no longer resided in Alaska. |
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| Lyng v. Northwest Indian Cemetery Protective Association |
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| Strengthened federal government's right to make land-use and other decisions in spite of the objections of religious minorities. In the 1970s the U.S. Forest Service planned to build a road through the Chimney Rock section of the Six Rivers National Forest to link the California towns of Gasquet and Orleans. The section through which the road was planned was held sacred by Native American tribes. |
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