PDF Documents of United States Indian Policy: Third Edition

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Code Online Available online via govinfo. D63 Law Library Stacks. Collection of selected documents, including statutes and legislative documents, arranged chronologically. Kappler Call Number: KF Includes U. Arranged by U. Cases and Court Decisions Online sources include:.

There are also links to U. Regulatory Information, U. Supreme Court decisions. The link above takes you to a search for decisions involving Indian law. You can add your own search terms to further narrow the search results. Print sources in the law library are listed below:. A3 I5. Includes the text of selected federal, state, and tribal court opinions, from to present updated by loose-leaf supplement. L36 Includes 53 landmark federal Indian law cases decided by the U. Supreme Court.

H65 Includes selected summaries of important Indian law cases. Smith Call Number: KF A52 S6. We have volumes in 4 microform reels and volumes in print in the Stacks. The Commission was created in to hear Indian claims against the federal gov't arising prior to Covers the decisions issued from to Use separate index to search by subject, tribe, and docket number, linked below. A55 Index. C5 U Law Library Stacks and online access via HeinOnline. C52 U C51 U Opinions from to current are available at the U. Department of Interior, Office of the Solicitor.

About the Book

Contains the decisions of the Solicitor of the Department of the Interior relating to Native American affairs, as published in the two-volume set, Opinions of the Solicitor, Department of the Interior, Native Americans. Print Sources in the Law Library are listed below:. A75 U55 Law Library Stacks [2 volumes]. A1 N38 title Law Library Microforms Room [print version is 8 volumes]. Index-Digest by Dept of Interior. A58 U Index-Digest by Dept. Databases ProQuest Congressional Provides access to federal legislative history information from , including committee prints, documents, reports, hearings, and CRS Reports.

Dates of coverage for each type of document varies. Will list agencies, committees, and other organizations relating to Indian Affairs. Code, U. Congressional Documents, and U. Statutes at Large. Bureau of Indian Affairs, G. O, House of Representatives. Howe of Representatives in from the Third District of Colorado, and is currently serving in his third term. He is the only American Indian currently serving in Congress. Indians also served 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.

Nearly all lands of Indian tribes, however, are held in trust for them by the United States and 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. They pay the same taxes as other citizens with the following exceptions applying to those Indians living on federal reservations: 1 federal income taxes are not levied on income from trust lands held for them by the United States; 2 state income taxes are not paid on income earned on a federal reservation; 3 state sales taxes are not paid on transactions made on a federal reservation, and 4 local property taxes are not paid on reservation or trust land.

On federal 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.

A recent U. Supreme Court decision restricted the legal jurisdiction of federal tribes on their reservations to members only, meaning that an Indian tribe could not try in its tribal court a member of another tribe even though that person might be a resident on the reservation and have violated its law. There currently are bills in the Congress that would restore tribes' right to prosecute any Indian violating laws on an Indian reservation.

A History Of The Native Americans

Congress ended treaty-making with Indian tribes in Since then, relations with Indian groups are by congressional acts, executive orders, and executive agreements. The treaties that were made often contain obsolete commitments which have either been fulfilled or superseded by congressional legislation.

The provision of educational, 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.

Published by the Government Printing Office in , 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, A duplicate of a treaty is available upon request for a fee. The agency will also answer questions about specific Indian treaties. Most tribal governments are organized democratically, that is, with an elected leadership. The governing body is generally referred to as a "council" and is comprised of persons elected by vote of the eligible adult tribal members.

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The presiding official is the "chairman," although some tribes use other titles such as "principal chief," "president" or "governor. 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 , including a number of Alaska Native villages, which adopted formal governing documents Constitutions under the provisions of a amendment to the IRA.

The passage in 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. Some tribes do not operate under any of these acts, but are nevertheless organized under documents approved by the Secretary of the Interior.

Documents of United States Indian Policy

Some tribes continue their traditional forms of governments. Prior to reorganization, the tribes maintained their own, often highly developed, systems of self-government. 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. Among those may be hunting and fishing rights and access to religious sites. The first step in tracing Indian ancestry is basic genealogical research if you do 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.

Subject Headings for Searching in Online Library Catalog

The next step is to determine whether any of your ancestors are on an official tribal roll or census. For this there are several sources. Or you may contact the tribal enrollment officer of the tribe of which you think your ancestors may be members. NW, Washington, D. The key in determining your 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 your Indian blood may be derived, and this varies with each tribe. Generally, if your linkage to an identified tribal member is far removed, you would not qualify for membership, but it is the tribe, not the BIA, which makes that determination.

When Indian tribes first encountered Europeans, they were dealt with from strength of numbers and were treated as sovereigns with whom treaties were made. When tribes gave up lands to the U. 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.

Indian tribes that have a legal relationship to the U. Some tribes are state- recognized, but do not necessarily receive services from the state. Others have neither federal or state recognition and may not seek such recognition. Any tribe or group is eligible to seek federal recognition by a process administered by a program of the Bureau of Indian Affairs or through direct petition to the U.

Only the Congress has the power to terminate a tribe from federal recognition. In that case, a tribe no longer has its lands held in trust by the U. 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. 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.

Later the term also included Native Hawaiians and Pacific Islanders in some federal programs. It, therefore, came into disfavor among some Indian groups. 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.

The Bureau provides some higher education scholarship assistance for eligible members of federally-recognized tribes. Libraries have 1 reference books that include Indian information, 2 books on Indian tribes, people, or on various aspects of Indian life or history, and 3 periodicals with articles about Indians. If your library is a Federal Depository Library there were some 1, in , materials published by federal agencies, including the Bureau of Indian Affairs, may also be available in the reference collections.

Librarians are professionals trained to help you find materials or obtain them from other libraries on an inter-library loan basis. You may also consider contacting one of the Indian organizations listed on pages of this booklet if you have questions about areas of their expertise. The following are other major resources: Library, U. Department of the Interior, C St.

The Interior Library has a large collection of books on Indians available to the public or through inter-library loan, as well as research periodicals for current information about Indians. Indian Arts and Crafts Board, U. NW, Rm. The Board publishes information related to contemporary Native American arts and crafts, including directories of Native American sources for these products, available upon request.

Indian Health Service, U.

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The IHS has information on Indian health matters, including programs supported by the federal government, and statistics. Bureau of the Census, U. National Archives and Records Service, U. The Archives assists scholarly research into the history of the federal-Indian relationship and those concerned with the legal aspects of Indian administration. They include papers related to Indian treaty negotiations; annuity, per capita and other payment records; tribal census rolls; records of Indian agents; and maps of Indian lands and reservations.

You may inquire to use these records or obtain copies of specific segments for a small fee. The Handbook Office is preparing a volume series on the history, culture and contemporary circumstances of North American Indians. The series is entitled, Handbook of North American Indians, of which nine volumes have thus far been published. Reference librarians will help you use the general or special collections of the Library of Congress. Its resources are collections of over 84 million items -- books, maps, music, photographs, motion pictures, prints, manuscripts -- some of which contain much material for research on American Indians.

One of America's foremost research libraries, the Newberry makes its resources available to academic and lay scholars. The library has more than , volumes on American Indian history. A clearinghouse for Indian law-related materials, the Library contains 14, court proceedings in every major Indian case since the s and 4, non-court materials. It has a government documents and tribal codes and constitutions collection.

Copies of materials under six pages are free. More than six cost 15 cents per page. The National Native American Cooperative, PO Box , San Carlos, Arizona, , periodically publishes a directory that includes a calendar of American Indian events and celebrations and information on arts and crafts. Separate card sets are also available listing this and other information. There is a fee for these publications. The following sources provide copies for a fee. National Anthropological Archives, Smithsonian Institution, Museum of Natural History, Washington, DC - , has a large collection of photographs dating back to the early s.

Inquiries should specify names of individuals, tribe name, historical events, etc.

General U.S. Policy Documents

Researchers with broad or numerous interests should visit the NAA which has, in addition to photographs, manuscripts, field notes, sound tapes, linguistic data, and other documents including vocabularies of Indian and Inuit languages and drawings. You need to provide a negative number from source files Still Pictures Branch, National Archives and Records Service, Washington, DC , receives photographs from government agencies, principally the BIA, grouped by subject.

Make inquiry as specific as possible, including names, dates, places, etc. Library of Congress, Prints and Photographs Division, Washington, DC , has available an historic collection of prints and photographs of American Indians. Go to the library to do your research open Monday- Friday, a.

The Library responds to a limited amount of mail. Much of the Museum's collection will be moved to Washington, D. Topics range from history, culture and education to economic development and the arts. Programs are available for rent or purchase. A free catalogue is available. Kvasnicka, Robert M. Viola, eds. Lincoln, Nebraska: University of Nebraska Press.

Meriam, Lewis, et. Report of a survey made at the request of the Honorable Hubert Work, Secretary of the Interior, and submitted to him, February 21, Originally published by the U. Government Printing Office. Taylor, Theodore W. Boulder, Colorado: Westview Press. Washington, D. White, Robert H. Garden City, New York: Doubleday.

Department of Education. Department of Education, Annual Reports, Hearings, 92nd Congress, 2nd session, on S. Senate Report No. Hill, Edward E. General Services Administration. Hirschfelder, Arlene B. Chicago: American Library Association. Facts on File Publications. Nabokov, Peter, , Indian Running. Santa Barbara, California: Capra Press.

Trends in Indian Health, Rockville, Maryland: U. Vogel, Virgil J. Norman, Oklahoma: University of Oklahoma Press. Reprint, in paperback, , New York: Ballantine Books. New York: Russell and Russell. Deloria, Vine Jr. New York: Pantheon Books. Johanson, Bruce, E. Ipswich, Massachusetts: Gambit. Kelly, Lawrence C. Philip, Kenneth R. Tucson: University of Arizona Press. Prucha, Francis P. Golden, Colorado: Fulcrum Publishing. Department of the Interior, Bureau of Indian Affairs. Taylor, Theodore, , American Indian Policy.

Airy, Maryland: Lomond Publications, Inc. Tyler, S. Lyman, , A History of Indian Policy. Washburn, Wilcomb E. New York: Random House. Berkhofer, Robert F. New York: Alfred A Knopf. Deloria, Vine, Jr. Hagan, William T. Chicago: The University of Chicago Press.

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Haynie, Nancy A. Fort McPherson, Georgia: U. Army Forces Command Information Branch. Josephy, Alvin M. New York: Alfred A. New York: Viking Press. Chicago: University of Chicago Press. New York: Universe Books. Stedman, Raymond W. Utley, Robert M. Viola, Herman J. Handbook of North American Indians, Vol. Sturtevant, gen.