Misplaced Pages

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69-506: The Nonintercourse Act of 1790 marked the beginning of the Trade and Industrial era. This act established that no sales of Indian lands were to be made between any persons or states unless the sale was authorized by the United States. The United States federal government was then granted management of trade and diplomatic relations that involved Indians and their lands. The main goal of establishing

138-454: A difficult task as the BIA is known by many Indians as playing a police role in which the U.S. government historically dictated to tribes and their members what they could and could not do in accordance with treaties signed by both. Commissioners and assistant secretaries of Indian Affairs include: Alaska Native Claims Settlement Act The Alaska Native Claims Settlement Act ( ANCSA )

207-469: A federally recognized tribe possessed. The bills excluded any splinter groups, political factions, and any groups formed after December 31, 2002. In 2013 the Bureau was greatly affected by sequestration funding cuts of $ 800 million, which particularly affected the already-underfunded Indian Health Service . The Bureau of Indian Affairs has been sued four times in class action overtime lawsuits brought by

276-524: A group of around 500  American Indians with the AIM took over the BIA building, the culmination of their Trail of Broken Treaties walk. They intended to bring attention to American Indian issues, including their demands for renewed negotiation of treaties, enforcement of treaty rights and improvement in living standards. They occupied the Department of Interior headquarters from November 3 to 9, 1972. The BIA

345-569: A major class action case related to trust lands, was settled in December 2009. The suit was filed against the U.S. Department of Interior, of which the BIA is a part. A major responsibility has been the management of the Indian trust accounts. This was a class-action lawsuit regarding the federal government's management and accounting of more than 300,000 individual American Indian and Alaska Native trust accounts. A settlement fund totaling $ 3.4 billion

414-548: A new full-time President, Emil Notti. AFN went on to profoundly change the human rights and economic stability of the Alaska Native population. In 1967, Governor Walter Hickel summoned a group of Indigenous leaders and politicians to work out a settlement that would be satisfactory to Natives. The group met for ten days and asked for $ 20 million in exchange for requested lands. Among the other task force proposals were an outright grant of 1,000 acres per native village resident;

483-481: A procedure that benefited both parties. The federal government was primarily interested in guaranteeing that Indian lands did not fall into private hands, and that it handled all negotiations with the tribes. These negotiations, says Gatlin, strengthened the tribes sense of unity and leadership. The land sales gave the Indians a steady flow of income, and guarantees of federal financial, medical, and educational aid. Many of

552-414: A revenue-sharing program for state land claims and national mineral development projects; secured hunting and fishing rights on public lands; and a Native Commission to administrate state and federal compliance with the provisions of the claims settlement. They proposed receiving 10% of federal mineral lease revenue for ten years, once the freeze which had been placed on land patents to allow oil exploration

621-464: A statewide meeting inviting numerous leaders around Alaska to gather and create the first meeting of a committee. The historic meeting was held October 18, 1966 - on the 99th anniversary of the transfer of Alaska from Russia. Notti presided over the three-day conference as it discussed matters of land recommendations, claims committees, and political challenges the act would have in getting through congress. Many respected politicians and businessmen attended

690-527: Is one of the oldest federal agencies in the U.S., with roots tracing back to the Committee on Indian Affairs established by Congress in 1775. First headed by Benjamin Franklin , the committee oversaw trade and treaty relations with various indigenous peoples, until the establishment of the Bureau of Indian Affairs by Secretary of War John C. Calhoun in 1824. The BIA gained statutory authority in 1832, and in 1849

759-436: Is to be distributed to class members. This is to compensate for claims that prior U.S. officials had mismanaged the administration of Indian trust assets. In addition, the settlement establishes a $ 2 billion fund enabling federally recognized tribes to voluntarily buy back and consolidate fractionated land interests. The bureau is currently trying to evolve from a supervisory to an advisory role. However, this has been

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828-617: The American Indian Movement  (AIM) worried the U.S. government; the FBI responded both overtly and covertly (by creating COINTELPRO and other programs) to suppress possible uprisings among native peoples. As a branch of the U.S. government with personnel on Indian reservations , BIA police were involved in political actions such as: The occupation of BIA headquarters in Washington, D.C., in 1972 : On November 3, 1972,

897-685: The American Revolutionary War . In 1789, the U.S. Congress placed Native American relations within the newly formed War Department. By 1806 the Congress had created a Superintendent of Indian Trade , or " Office of Indian Trade " within the War Department, who was charged with maintaining the United States Government Fur Trade Factory System . The post was held by Thomas L. McKenney from 1816 until

966-647: The Federation of Indian Service Employees , a union which represents the federal civilian employees of the Bureau of Indian Affairs, the Bureau of Indian Education, the assistant secretary of Indian affairs and the Office of the Special Trustee for Indian Affairs. The grievances allege widespread violations of the Fair Labor Standards Act and claim tens of millions of dollars in damages. Cobell vs. Salazar ,

1035-511: The Indian Self-Determination and Education Assistance Act of 1975, the BIA has increasingly emphasized tribal self-determination and peer-to-peer relationships between tribal governments and federal government. Between 1824 and 1977, the BIA was led by a total of 42 commissioners, of whom six were of indigenous descent. Since the creation of the position of Assistant Secretary for Indian Affairs in 1977, all thirteen occupants up to

1104-578: The National Council on Indian Opportunity , headed by Vice President Spiro Agnew , which included eight Native leaders: Frank Belvin (Choctaw), Bergt (Iñupiat), Betty Mae Jumper (Seminole), Earl Old Person (Blackfeet), John C. Rainer (Taos Pueblo), Martin Seneca Jr. (Seneca), Harold Shunk (Yankton-Sioux), and Joseph C. "Lone Eagle" Vasquez (Apache-Sioux). During the state administration of Governor William A. Egan positions were staked out upon which

1173-723: The Tanana Chiefs Conference ; and Don Wright , president of the Alaska Federation of Natives a week later. That meeting held on March 12, marked a turning-point in negotiations with the various parties. The proposed settlement terms faced challenges in both houses but found a strong ally in Senator Henry M. Jackson from Washington state . The most controversial issues that continued to hold up approval were methods for determining land selection by Alaska Natives and financial distribution. With major petroleum dollars on

1242-610: The U.S. federal government for indigenous tribes . It renders services to roughly 2 million indigenous Americans across 574 federally recognized tribes. The BIA is governed by a director and overseen by the Assistant Secretary for Indian Affairs, who answers to the Secretary of the Interior . The BIA works with tribal governments to help administer law enforcement and justice; promote development in agriculture, infrastructure, and

1311-569: The 1831 court case Cherokee Nation v. Georgia . The Supreme Court originally refused to hear the case, because the Cherokee nation was not an independent state and could not litigate in the federal court. It was not until the court case Worcester v. Georgia , when Chief Justice John Marshall allowed Native American tribes to be recognized as "domestic dependent nations." These court cases set precedent for future treaties, as more Native tribes were recognized as domestic and dependent nations. This period

1380-484: The 1970s, one of the most significant pieces of legislation passed through Congress. The Indian Self-Determination and Education Assistance Act of 1975 allowed tribes to have more tribal control over federally subsidized programs for Indians. Another important act passed by Congress was the Indian Child Welfare Act , passed in 1978, which granted tribal government jurisdiction over child custody and adoption on

1449-646: The AFN and other stakeholders could largely agree. Native leaders, in addition to Alaska's congressional delegation and the state's newly elected Governor Egan, eventually reached the basis for presenting an agreement to Congress. Bergt attended a March 1971 conference of the National Congress of American Indians in Kansas City, Missouri and was able to persuade Agnew there to meet with national officials, herself, Christiansen, an Alaska State Senator; Al Ketzler , chair of

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1518-529: The Alaskan tribe to have freedom from the Bureau of Indian Affairs. In the 1960s, there were many acts passed, geared to helping the Indian tribes. Indian tribes benefited greatly from these because it gave them rights within both the tribal and federal government. In 1968, the Indian Civil Rights Act of 1968 was passed. It recognized the Indian tribes as sovereign nations with the federal government. In

1587-429: The BIA. In particular, problems in enforcing treaties, handling records and trust land incomes were disputed. In 2002 Congress worked with the Bureau to prepare bill S.1392, which established procedures for tribal recognition. A separate bill S. 1393 ensured full and fair participation in decision-making processes at the Bureau via grants. Both bills addressed what services, limitations, obligations, and responsibilities

1656-516: The Chicago Field Office, to recruit Native Americans living on reservations to move to those cities and to assist them in finding employment. In the early 1960s, President John F. Kennedy wanted the Indian tribes to be recognized as independent nations governing themselves. He promised the Indian tribes that treaties made prior to 1960 would be recognized by the federal government and that their rights as Indian people would be protected. This

1725-413: The Indian population with mainstream America. To this end, they enacted laws to terminate the government's trusteeship of Indian lands and relocate Indians to the nation's cities. They believed that once Indians left the reservation, they would have opportunities for education, employment and assimilation. As part of the policy, the Bureau of Indian Affairs (BIA) established services in target cities, such as

1794-570: The Senate Committee on the Indian Affairs made the final settlement in 1850. This settlement, "supported the position of the Cherokee that the cost of maintaining the tribesman during their removal and the years upkeep after their arrival West should be paid by the federal government, and the expense of the removal agents should be paid as well." In 1832 Congress established the position of Commissioner of Indian Affairs . In 1849 Indian Affairs

1863-561: The Statehood Act that were subject to Native claims under section 4, and that were currently occupied and used by Alaska Natives. The federal Bureau of Land Management began to process the Alaska government's selections without taking into account the Native claims and without informing the affected Native groups. It was against this backdrop that the original language for a land claims settlement

1932-654: The Trade and Industrial Act was to keep peace on the frontier and avoid war with the Natives. During the Trade and Industrial Era, the Natives were also included within the United States government, to some degree, by the establishment of the Bureau of Indian Affairs (BIA) within the War Department in 1824. However, land disputes and law jurisdiction cases began to appear frequently in the United States Supreme Court . It

2001-399: The abolition of the factory system in 1822. The government licensed traders to have some control in Indian territories and gain a share of the lucrative trade. The abolition of the factory system left a vacuum within the U.S. government regarding Native American relations. The Bureau of Indian Affairs was formed on March 11, 1824, by Secretary of War John C. Calhoun , who created

2070-508: The agency as a division within his department, without authorization from the United States Congress . He appointed McKenney as the first head of the office, which went by several names. McKenney preferred to call it the " Indian Office ", whereas the current name was preferred by Calhoun. The Bureau was initially organized by region, with commissions for Superintendents of Indian Affairs granted to prominent citizens in each region of

2139-545: The assistant secretary for Indian affairs. The current assistant secretary is Bryan Newland . The BIA oversees 574 federally recognized tribes through four offices: Agencies related to Native Americans originated in 1775, when the Second Continental Congress created a trio of Indian-related agencies. Benjamin Franklin and Patrick Henry were appointed among the early commissioners to negotiate treaties with Native Americans to obtain their neutrality during

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2208-610: The beginning that a settlement could be achieved   .... My memories of the Congressional action as ANCSA took shape aren't of a battle as much as they are of long hours of tough, hard negotiating, often two steps forward and one step back   .... In 1971, barely one million acres of land in Alaska were in private hands. ANCSA, together with section 6 of Alaska Statehood Act , which the new act allowed to come to fruition, affected ownership to about 148.5 million acres (601,000 km ) of land in Alaska once wholly controlled by

2277-441: The corporations were managed properly, they could make profits that would enable individuals to stay, rather than having to leave Native villages to find better work. This was intended to help preserve Native culture. Alaska Natives had three years from passage of ANCSA to make land selections of the 44 million acres (180,000 km ) granted under the act. In some cases Native corporations received outside aid in surveying

2346-563: The disputed lands. Offers went back and forth, with each rejecting the other's proposals. The AFN wanted rights to land, while then-Governor Keith Miller believed Natives did not have legitimate claims to state land in light of the provisions of the Alaska Statehood Act . On July 8, 1970, Nixon delivered a speech reversing the Indian termination policy in favor of allowing tribal self-determination . The following month, he established

2415-438: The early 19th century, as the eastern settlers of the United States felt the desire to explore westward, the natives were caught in the middle of things. Eastern Indian tribes were forced out of their homelands to barren areas that contained fruitless soils, though they had a prosperous relationship beforehand.Though a problem occurred where westward expansion was on the rise and areas in the west were becoming full with settlers and

2484-411: The economy; enhance tribal governance; manage natural resources; and generally advance the quality of life in tribal communities. Educational services are provided by Bureau of Indian Education —the only other agency under the Assistant Secretary for Indian affairs—while health care is the responsibility of the U.S. Department of Health and Human Services through its Indian Health Service . The BIA

2553-566: The federal government. That is larger by 6 million acres (24,000 km ) than the combined areas of Maine , Vermont , New Hampshire , Massachusetts , Rhode Island , Connecticut , New York , New Jersey , Pennsylvania , Delaware , Maryland and Virginia . When the bill passed in 1971, it included provisions that had never before been attempted in previous United States settlements with Native Americans. The newly passed Alaska Native Claims Settlement Act created twelve Native regional economic development corporations. Each corporation

2622-493: The fight, would later remark: ANCSA was my baptism of fire as a Senator from Alaska   .... It didn't occur to me that some Senators had the opportunity to ease into their jobs. Life in the Senate for me was fast-paced from the beginning   .... With my experience working in the Department of the Interior and with the Statehood Act, and my faith in the determination and unity of purpose of Alaska's Native people, I believed from

2691-444: The hearings were officials and legislators, as well as Laura Bergt , Roger Connor, Thoda Forslund, Cliff Groh, Barry Jackson, Flore Lekanof, Notti, and Morris Thompson. In 1969, President Nixon appointed Hickel as Secretary of the Interior . The Alaska Federation of Natives (AFN) protested against Hickel's nomination, but he was eventually confirmed. He worked with the AFN, negotiating with Native leaders and state government over

2760-614: The land claims it has made under ANCSA. The state is entitled to a total of 104.5 million acres (423,000 km ) under the terms of the Statehood Act. Originally the state had 25 years after passage of the Alaska Statehood Act to file claims under section 6 of the act with the Bureau of Land Management (BLM). Amendments to ANCSA extended that deadline until 1994, with the expectation that BLM would complete processing of land transfers subject to overlapping Native claims by 2009. Nonetheless, some Native and state selections under ANCSA remained unresolved as late as December 2014. There

2829-937: The land. For instance, Doyon, Limited (one of the 13 regional corporations ) was helped by the Geophysical Institute of the University of Alaska . The Institute determined which land contained resources such as minerals and coal. NASA similarly provided satellite imagery to aid in Native corporations finding areas most suited for vegetation and their traditional subsistence culture. The imagery showed locations of caribou and moose, as well as forests with marketable timber. In total about 7 million acres (28,000 km ) were analyzed for Doyon. Natives were able to choose tens of thousands of acres of land rich with timber while Doyon used mineral analysis to attract businesses. The state of Alaska to date has been granted approximately 85% or 90 million acres (360,000 km ) of

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2898-486: The lands that Natives resided on (Nebraska and Kansas territories) ended up being taken from them by the government and given to settlers. In 1887, the United States Congress passed the General Allotment Act , which is considered one of the earliest attempts aimed toward assimilation of Native tribes. This act intended to give Natives a sense of land ownership as well as integrate an agricultural lifestyle with

2967-428: The law, often recognizing existing leadership. Alaskan officials were originally divided on the bill, though by 1970, with Interior Secretary Walter Hickel , Governor William Egan , Representative Nick Begich & Senators Ted Stevens & Mike Gravel all backing the bill, the opposition died down. Stevens was particularly strongminded, and was key in the bill's passage. Stevens, a freshman Senator for most of

3036-583: The line, pressure mounted to achieve a definitive legislative resolution at the federal level. In 1971, the Alaska Native Claims Settlement Act was signed into law by President Nixon. It abrogated Native claims to aboriginal lands except those that are the subject of the law. In return, Natives retained up to 44 million acres (180,000 km ) of land and were paid $ 963 million. The land and money were to be divided among regional, urban, and village tribal corporations established under

3105-502: The loss of over two thirds of tribally entrusted lands from 138 million acres (558,000 km) in 1871 to 48 million acres (190,000 km) in 1934. Between the end of the Franklin D. Roosevelt era and the beginning of the John F. Kennedy administration, less traditional Native Americans, congressional leaders, and government administrators, developed a policy that they hoped would integrate

3174-409: The meeting and delegates were astonished at the attention which they received from well-known political figures of the state. The growing presence and political importance of Natives was evidenced when members were able to gain election to seven of the sixty seats in the legislature. When the group met a second time early in 1967, it emerged with a new name, The Alaska Federation of Natives (AFN), and

3243-517: The oil would be loaded onto tankers and shipped to the contiguous states. The plan had been approved, but a permit to construct the pipeline, which would cross lands involved in the land claims dispute, could not be granted until the Native claims were settled. Hearings were held for the first time before the United States House 's Subcommittee on Indian Affairs in July 1968. Among those who attended

3312-516: The present day have been Indigenous, including Bay Mills Indian Community's Bryan Newland, appointed and confirmed to the position in 2021. As of 2020, the majority of BIA employees are American Indian or Alaska Native, the most at any time in the agency's history. Headquartered in the Main Interior Building in Washington, D.C. , the BIA is headed by a bureau director who reports to

3381-445: The provisions of the act were not voted on by indigenous populations. One native described it as a social and political experiment. Critics have also argued that Natives so feared massacre or incarceration that they offered no resistance to the act. Others have argued that the settlement was arguably the most generous afforded by the United States to a Native group. They note that some of the largest and most profitable corporations in

3450-489: The reservation. Bureau of Indian Affairs The Bureau of Indian Affairs ( BIA ), also known as Indian Affairs ( IA ), is a United States federal agency within the Department of the Interior . It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives , and administering and managing over 55,700,000 acres (225,000 km ) of reservations held in trust by

3519-402: The southern, midwestern and western United States. These superindenents were authorized to negotiate with tribes and oversaw Indian agents in their assigned region. The bureau was eventually reorganized in 1878, with superintendencies removed. These were eventually replaced with regional offices, which continue today. The BIA's goal to protect domestic and dependent nations, was reaffirmed by

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3588-1050: The state are the twelve created by ANCSA. Other critics attacked the act as "Native welfare" and such complaints continue to be expressed. The corporation system has been critiqued, as in some cases stockholders have sold land to outside corporations that have leveled forests and extracted minerals. But supporters of the system argue that it has provided economic benefits for indigenous peoples that outweigh these problems. The following thirteen regional corporations were created under ANCSA: Additionally, most regions and some villages have created their own nonprofits providing social services and health care through grant funding and federal compacts. The objectives of these nonprofits are varied, but focus generally on cultural and educational activities. These include scholarships for Native students, sponsorship of cultural and artistic events, preservation efforts for Native languages, and protection of sites with historic or religious importance. ANCSA created about 224 village and urban corporations. Below

3657-407: The state government to claim lands deemed vacant. Section 6 granted the state of Alaska the right to select lands then in the hands of the federal government, with the exception of Native territory. As a result, nearly 104.5 million acres (423,000 km ) from the public domain would eventually be transferred to the state. The state government also attempted to acquire lands under section 6 of

3726-430: The treaties remain in effect and are of special importance regarding federal recognition of tribal status, hunting and fishing rights, rights to protection of sacred properties, rights to water and minerals, and land claims. The federal courts have a long, continuous history of litigation on these issues. The Supreme Court endorsed the procedure, with over 300 decisions making reference to Indian treaties after 1799. During

3795-591: The tribes, much like that of the Americans and Europeans . Under the General Allotment Act, tribal lands were no longer under the control of tribal governments; instead, the land was under the control of individual land owners. This period of allotment over tribal lands became known as the "allotment and assimilation era", mainly because the main goal of allotting tribal land was to Americanize Native peoples into mainstream society. The Allotment era resulted in

3864-451: Was associated with a specific region of Alaska and the Natives who had traditionally lived there. This innovative approach to native settlements engaged the tribes in corporate capitalism. The idea originated with the AFN, who believed that the Natives would have to become a part of the capitalist system in order to survive. As stockholders in these corporations, the Natives could earn some income and stay in their traditional villages. If

3933-478: Was concluded that "discovery also gave the discoverer the exclusive right to extinguish Indian title either by 'purchase or by conquest'." Natives were recognized only as occupants of the land, and not owners. The federal government was in charge of relations with the Indians, and the procedure was to use the treaty making power of the president and the Senate to make formal arrangements. Over 200 treaties were agreed upon by 1840. Gatlin argues that treaties established

4002-416: Was designed by its agents to decrease the power of American Indian leaders. The bureau was renamed from Office of Indian Affairs to Bureau of Indian Affairs in 1947. With the rise of American Indian activism in the 1960s and 1970s and increasing demands for enforcement of treaty rights and sovereignty, the 1970s were a particularly turbulent period of BIA history. The rise of activist groups such as

4071-417: Was developed. A 9.2-magnitude earthquake struck the state in 1964. Recovery efforts drew the attention of the federal government. The Federal Field Committee for Development Planning in Alaska decided that Natives should receive $ 100 million and 10% of revenue as a royalty. Nothing was done with this proposal, however, and a freeze on land transfers remained in effect. In 1966, Emil Notti called for

4140-527: Was encompassed by westward expansion and the removal of Native Nations. In 1833 Georgians fought for the removal of the Cherokee Nation from the state of Georgia. Despite the rulings of Worcester v. Georgia, President Jackson and John C. Calhoun created a plan for removal. The removal of the Cherokee Nation occurred in 1838 and was accompanied by the Treaty of 1846. When reparations from the treaty were unfulfilled,

4209-530: Was implicated in supporting controversial tribal presidents, notably Dick Wilson , who was charged with being authoritarian; using tribal funds for a private paramilitary force, the Guardians of the Oglala Nation (or "GOON squad"), which he employed against opponents; intimidation of voters in the 1974 election; misappropriation of funds, and other misdeeds. Many native peoples continue to oppose policies of

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4278-464: Was largely positive reaction to ANCSA, although not entirely. The act was supported by Natives as well as non-Natives, and likewise enjoyed bipartisan support. Natives were heavily involved in the legislative process, and the final draft of the act used many AFN ideas. Some Natives have argued that ANCSA has hastened cultural genocide of Alaska Natives. Some Natives critiqued ANCSA as an illegitimate treaty since only tribal leaders were involved and

4347-530: Was later created for Alaska Natives who no longer resided in Alaska . The act is codified in chapter 33 of title 43 of the US Code . When Alaska became a state in 1959, section 4 of the Alaska Statehood Act provided that any existing Alaska Native land claims would be unaffected by statehood and held in status quo. Yet while section 4 of the act preserved Native land claims until later settlement, section 6 allowed for

4416-527: Was lifted. In 1968, the Atlantic-Richfield Company discovered oil at Prudhoe Bay on the Arctic coast, catapulting the issue of land ownership into headlines. In order to lessen the difficulty of drilling at such a remote location and transporting the oil to the lower 48 states , the oil companies proposed building a pipeline to carry the oil across Alaska to the port of Valdez . At Valdez,

4485-611: Was realized when the Alaska Native Claims Settlement Act (ANCSA) was passed in 1971. The ANCSA allowed for the Alaskan Natives to be given 40 million acres (160,000 km) of land, federal payments of 462.5 million dollars over eleven years, and another 500 million dollars to help with mineral development in Alaska. All this was in exchange for the Alaskans giving up their claim to the land. The act also allowed

4554-594: Was signed into law by President Richard Nixon on December 18, 1971, constituting what is still the largest land claims settlement in United States history . ANCSA was intended to resolve long-standing issues surrounding aboriginal land claims in Alaska, as well as to stimulate economic development throughout Alaska . The settlement established 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

4623-424: Was to train students in the proper behavior according to prevailing standards of "civilization." That way they could assimilate into American society and not be permanently trapped in reservations. The boarding schools prohibited students from using their indigenous languages, practices, and cultures. Another force for assimilation and Euro-American control was the Bureau of Indian Affairs tribal police force. This

4692-479: Was transferred to the newly created Department of the Interior. Until the formal adoption of its current name in 1947, the BIA was variably known as the Indian office, the Indian bureau, the Indian department, and the Indian Service. The BIA's mission and mandate historically reflected the U.S. government's prevailing policy of forced assimilation of native peoples and the annexation of their land; beginning with

4761-512: Was transferred to the newly established U.S. Department of the Interior. In 1869, Ely Samuel Parker was the first Native American to be appointed as commissioner of Indian affairs. One of the most controversial policies of the Bureau of Indian Affairs was the late 19th to early 20th century decision to educate native children in separate boarding schools , such as the Carlisle Indian Industrial School . The goal

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