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Topic: Indian Reorganization Act


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In the News (Thu 26 Nov 09)

  
  Indian Reorganization Act - Wikipedia, the free encyclopedia
The Indian Reorganization Act of 1934, also known as the Wheeler-Howard Act or informally, the Indian New Deal, was U.S. federal legislation which secured new rights for Native Americans, including Alaskan natives.
The act slowed a practice of assigning tribal lands to individual tribal members, and reduced the divestiture of native holdings that were being lost through a practice of checkerboard land sales to non-members within tribal areas.
Because of the act and other actions of federal courts and the government, over two million acres (8,000 km) of land were returned to various tribes during first twenty years after passage of the act.
en.wikipedia.org /wiki/Indian_Reorganization_Act   (312 words)

  
 Five Views: An Ethnic Historic Site Survey for California (American Indians)
First, the act provided for keeping Indian land in trust; it returned to the tribe reservation land that remained surplus after allotments; and it restricted the granting of rights-of-way over reservation lands, restricted release of lands, and provided for the Secretary of the Interior to purchase inholdings in the reservation for Indian use.
The act also ordered that forests on Indian lands be managed on a sustained-yield basis, authorized $250,000 to defray the expenses of organizing Indian-chartered corporations or other organizations under the act, and provided $10,000,000 for a revolving fund to promote economic development.
The Indian Reorganization Act was based on the assumption that the way to assimilate Indians into American society was to have tribal government work as a democracy, much as the United States government operates.
www.cr.nps.gov /history/online_books/5views/5views1f.htm   (1971 words)

  
 The Indian Reorganization Act
Title to any lands or rights acquired pursuant to this Act shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation.
The Secretary of the Interior shall advise such tribe or its tribal council of all appropriation estimates or Federal projects for the benefit of the tribe prior to the submission of such estimates to the Bureau of the Budget and the Congress.
This Act shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Secretary of the Interior, shall vote against it application.
www.infca.org /tribes/IRA.htm   (977 words)

  
 No. 99-1174: Roberts v. United States - Opposition
Those acts were alleged to have occurred at the Choctaw Nation Tribal Complex, which is located on land that the United States holds in trust for the Choctaw Nation.
Congress, in the Indian Reorganization Act of 1934, 25 U.S.C. 461 et seq., vested in the Secretary of the Interior the authority to acquire lands to be held by the United States in trust for the benefit of Indian Tribes.
The text, structure, and purposes of the Indian Reorganization Act of 1934, of which 25 U.S.C. 465 is a part, provide significant guidance for the Secretary of the Interior's exercise of his discretion to acquire lands to be held in trust for the benefit of Indian Tribes.
www.usdoj.gov /osg/briefs/1999/0responses/99-1174.resp.html   (3954 words)

  
 98-1127 -- U.S. v. Hess -- 11/05/1999
This Act provided for the settlement of homesteads on lands where the surface was deemed "'chiefly valuable for grazing and raising forage crops," and reserved to the United States "all the coal and other minerals'" in lands patented under the Act.
While the Taylor Grazing Act specifically mentions mineral reservations and the Indian Reorganization Act does not, both Acts are nevertheless alike, and dissimilar to the Stock-Raising Homestead Act, because they contain no congressional mandate for the reservation of mineral interests and instead leave such reservations to the sole discretion of the Secretary of the Interior.
In this case, because the government did not act diligently in bringing its trespass claim, the limitation period bars it from recovering damages for the four year period from the date of reasonable discovery in 1985 to April 29, 1989.
www.kscourts.org /ca10/cases/1999/11/98-1127.htm   (6358 words)

  
 Encyclopedia: Indian Reorganization Act   (Site not responding. Last check: 2007-10-08)
Native Americans (also Indians, Aboriginal Peoples, American Indians, First Nations, Alaskan Natives, Amerindians, or Indigenous Peoples of America) are the indigenous inhabitants of The Americas prior to the European colonization, and their modern descendants.
The Dawes Act of 1887 authorized the President of the United States to survey Indian tribal land and divide the arable area into allotments for the individual Indian.
Native Americans (also Indians, Aboriginal Peoples, American Indians, First Nations, Alaskan Natives, or Indigenous Peoples of America) are the indigenous inhabitants of The Americas prior to the European colonization, and their modern descendants.
www.nationmaster.com /encyclopedia/Indian-Reorganization-Act   (657 words)

  
 Indian Reorganization Act - Hutchinson encyclopedia article about Indian Reorganization Act   (Site not responding. Last check: 2007-10-08)
US federal act passed in 18 June 1934, aimed at re-establishing government by American Indian peoples and preserving American Indian culture.
A survey of reservation life under the Dawes General Allotment Act discovered appalling living conditions and recommended drastic reforms.
The Indian Reorganization Act returned thousands of acres of land to reservations, provided federal financial and technical aid to ethnic groups, supplied health and education services, and encouraged the adoption of written constitutions.
encyclopedia.farlex.com /Indian+Reorganization+Act   (156 words)

  
 [No title]
On July 25, 1996, respondents converted the claim on the ground that the deceased was not an employee of the Indian Reorganization Act Council at the time of his death and that the death did not arise out of or in the course and scope of employment with the Indian Reorganization Act Council.
Based on the representations made by the Native Village of Mekoryuk and Indian Reorganization Act Council to the Board in its "Limited Entry of appearance", the Board found the "Native Village of Mekoryuk" and "IRA Council" are different names for the same organization.
Marshall's decisions should be interpreted in their historical context: at the time of those three decisions, Indian country made up most of the territory west of the Mississippi River; that region was largely unsettled, and the policy of treating Indian tribes as separate and autonomous entities was politically, economically, and geographically feasible.
www.alaskabar.org /opinions/42.html   (6959 words)

  
 [No title]
The court agreed with the BIA that petitioner's reliance on the 1871 Act as authority for his request was misplaced.
The court explained that the 1871 Act "simply doesn't apply here," both because petitioner's lands are not within the diminished Osage Reservation referred to in the Act and because petitioner did not settle on or improve those lands before 1871.
That Act, which generally waives the United States' sovereign immunity and permits plaintiffs to name it as a defendant in civil actions to adjudicate title disputes involving real property, expressly excludes disputes concerning "trust or restricted Indian lands." 28 U.S.C. 2409a(a).
www.usdoj.gov /osg/briefs/1996/w975659w.txt   (2930 words)

  
 Indian Reorganization Act --  Encyclopædia Britannica
It can disband the Indian tribes as it did under the Indian General Allotment Act of 1887 and the termination legislation of the 1950s, or it can permit them to organize as it did under the Indian Reorganization Act of 1934.
Established in 1944, the NCAI sought to act as representative for the Indian tribes at the national level.
A Bureau of Indian Affairs (BIA) was created within the War Department in 1824 and was transferred to the new Department of the Interior in 1849.
www.britannica.com /eb/article-9042296?tocId=9042296   (971 words)

  
 Digital History
Indian schools took Indian children away from their families and tribes and sought to strip them of their tribal heritage.
The purpose of the act was to encourage Indians to become farmers, but the plots were too small to support a family or to raise livestock.
In 1934 he persuaded Congress to pass the Indian Reorganization Act, which terminated the allotment program of the Dawes Severalty Act of 1887; provided funds for tribes to purchase new land; offered government recognition of tribal constitutions; and repealed prohibitions on Native American languages and customs.
www.digitalhistory.uh.edu /database/article_display.cfm?HHID=483   (328 words)

  
 WE HAVE THE RIGHT TO EXIST, by Wub-e-ke-niew - Chapter10   (Site not responding. Last check: 2007-10-08)
Indian Reorganization Act was unilaterally passed by the U.S. Congress to give what they called Indian Self-Government and Indian Sovereignty, both controlled by the U.S. Department of the Interior, to their Indians.
The Secretary of the Interior acts as supervisor, agent, guardian, and trustee of the Indian and his property, whether in the nature of lands or restricted funds; while exercising the powers and duties imposed by law, he is clothed with sovereign immunity...
Indian blood quantum is not transferable between jurisdictions, so that each successive generation of Federally Recognized Indians is faced with the choice of marrying persons who are probably blood relatives from their own Federally-determined jurisdiction and bearing the genetic consequences, or seeing the Indian blood quantum of their children reduced by half.
maquah.net /We_Have_The_Right_To_Exist/WeHaveTheRight_19-Chapter10.html   (5714 words)

  
 INDIAN AFFAIRS: LAWS AND TREATIES.
Not only must officers presuming to act in the name of an Indian tribe show that their acts fall within their allotted function and authority, but likewise the procedural formalities which tradition or ordinance require must be followed in executing an act within the acknowledged jurisdiction of the officer or set of officers.
The power of an Indian tribe to determine its membership is subject to the qualification, however, that in the distribution of tribal funds and other property under the supervision and control of the Federal Government, the action of the tribe is subject to the supervisory authority of the Secretary of the Interior.
The cases cited with respect to the power of an Indian tribe to tax nonmembers, as a condition of entry or residence within the jurisdiction of the tribe, confirm the foregoing conclusions, and indicate further that the power of an Indian tribe to exclude nonmembers is not limited to lands in tribal ownership.
digital.library.okstate.edu /kappler/Vol5/html_files/v5p0778.html   (12443 words)

  
 HistoryLink Essay: Wheeler-Howard Act (Indian Reorganization Act) shifts U.S. policy toward Native American right to ...
U.S. Government Indian policies had been guided by the Dawes General Allotment Act of 1887, which had as its aim the total assimilation of individual Native Americans into American society as small farmers.
In Puget Sound, traditions of intermarriage among tribes and with non-Indians, and the assignments of several tribes to a single reservation conflicted with the vision in the law of tribal identity being attached to a reservation.
Some Indians had to transfer allegiance to new tribal governments in order to preserve their economic rights.
www.historylink.org /_output.cfm?file_id=2599   (485 words)

  
 Composite Indian Reorganization Act for Alaska
That the Secretary of the Interior is hereby authorized to designate as an Indian reservation any area of land which has been reserved for the use and occupancy of Indians or Eskimos by section 8 of the Act of May 17, 1884 (23 Stat.
That hereafter no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Art of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.
The Secretary of the Interior is directed to establish standards of health, age, character, experience, knowledge, and ability for Indians who may be appointed, without regard to civil-service laws, to the various positions maintained, now or hereafter, by the Indian Office, in the administration of functions or services affecting any Indian tribe.
thorpe.ou.edu /IRA/akira.html   (701 words)

  
 June 18, 1934 Indian Reorganization Act
The Secretary of the Interior is hereby directed to continue the allowance of the articles enumerated in section 17 of the Act of March 2, 1889 (23 Stat.
It is hereby declared to be in the intent of Congress that no expenditures for the benefit of Indians made out of appropriations authorized by this Act shall e considered as offsets in any suit brought to recover upon any claim of such Indians against the United States.
This Act shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Secretary of the Interior, shall vote against its application.
www.sioux.org /june_18_1934_indian_reorgan_act.html   (928 words)

  
 Alaskool - Alaska Native Land Claims - Unit 3, Chapter 13
The Indian Reorganization Act (also called the Wheeler-Howard Act) was enacted in 1934 to curb the loss of Indian lands and to restore lands already lost under the Dawes Act of 1887.
The large influx of population into Alaska as a result of war activities, and the growing encroachment of the whites upon the land and resources of the Indians and Eskimos have served to emphasize the most serious problem confronting the Natives — the protection of their ancestral hunting, trapping, and fishing bases.
In the act, the new State and its people disclaimed all right or title to lands "the right or title to which may be held by Eskimos, Indians, or Aleuts" or held in trust for them.
www.alaskool.org /projects/landclaims/LandClaims_Unit3_Ch13.htm   (1698 words)

  
 Indian Reorganization Act on Encyclopedia.com   (Site not responding. Last check: 2007-10-08)
The objectives of the bill were vigorously pursued until the outbreak of World War II.
Although the act is still in effect, many Native Americans question its supposed purpose of gradual assimilation; their opposition reflects their efforts to reduce federal condescension in the treatment of Native Americans and their cultures.
Senate Indian affairs committee approves native Hawaiian bill.(Native Hawaiian Government Reorganization Act)
www.encyclopedia.com /html/I/IndianR1eo.asp   (426 words)

  
 Bureau of Indian Affairs Reorganization Act of 1995
Not later than 60 days after the date on which a reorganization plan referred to in the preceding sentence is approved by the Indian tribe, the Secretary shall enter into a reorganization compact with the tribe to carry out the area office plan.
If the Indian tribes do not enter into an area office reorganization compact with the Secretary pursuant to this paragraph, the organizational structure, functions, and funding priorities of the area office in effect at the time of the development of the area office plan shall remain in effect.
If the Indian tribes do not enter into an agency office reorganization compact with the Secretary pursuant to this paragraph, the organizational structure, functions, and funding priorities of the agency office in effect at the time of the development of the agency office plan shall remain in effect.
www.yvwiiusdinvnohii.net /political/s814is.htm   (2686 words)

  
 Technical correction   (Site not responding. Last check: 2007-10-08)
70) the Indian reorganization Act of 1936 (IRA) was amended and the Solicitor's opinion of 1936 that stood for over sixty years enforcing the Indian Reorganization Act has been superseded by a new opinion.
Thus pursuant to the aforementioned Technical Corrections Act of 1994 and its associated Solicitor's opinion a tribe exists because it declares it exists and it exercises political authority over its members through a tribal counsel or other governmental forms.
In recently assessing the status of the Indian nations, the Ninth Circuit Court of Appeals has characterized their status as being higher than the states: "Indian tribes are, of course, not states; they have a states higher than that of states..." Colliflower v Garland, 342 F2d, 369 (1965).
www.vernal.com /dec24/fr.stevens.TXT.html   (393 words)

  
 "It Didn't Pan Out as We Thought It Was Going To"Amos Owen on the Indian Reorganization Act
The Indian Reorganization Act of 1934, which became known as the Indian New Deal, dramatically changed the federal government’s Indian policy.
Although John Collier, the commissioner of Indian affairs who was responsible for the new policy, may have viewed Indians with great sympathy, not all Native Americans viewed the Indian New Deal in equally positive terms.
It was, we thought, a good way for the American Indian to be self-supporting and be able to get a little more land and be able to farm the land that they have.
historymatters.gmu.edu /d/34   (685 words)

  
 Indian Reorganization Act Documents
Constitution and By-Laws of the Absentee-ShawneeTribe of Indians of Oklahoma (1938)
Constitution and By-Laws of theCaddo Indian Tribe of Oklahoma(1938) and (Amendments of 1944 and 1956)
Constitution and By-Laws of the Peoria Tribe of Indians of Oklahoma (1939)
thorpe.ou.edu /IRA.html   (4064 words)

  
 ipedia.com: Indian Reorganization Act Article   (Site not responding. Last check: 2007-10-08)
The Indian Reorganization Act of 1934, also known as the Wheeler-Howard Act or informally, the Indian New Deal, was U.S. federal legislation which secured new rights for Native Americans, including Al...
The act required tribes to select constitutions from among a set of proposed governmental forms it enumerated, a restriction eliminated decades later by the Native American Technical Corrections Act of 2003.
Because of the act and other actions of federal courts and the government, over two million acres (8,000 km²) of land were returned to various tribes during first twenty years after passage of the act.
www.ipedia.com /indian_reorganization_act.html   (318 words)

  
 Untitled Document
Millions of acres of their lands have been obtained by non-Indians just as quickly as the Indians were able to obtain title to their property after the twenty-year protection provided by the Federal Government.
It is with monies paid to the Tyonek Indians from oil activity that the tribe is able to rebuild their community and invest in enterprises in Alaska which produce local income and employment.
The Tlingit and Haida Indians of Southeastern Alaska were awarded several million dollars, it seems, without Government (Congressional) “recognition” of ownership – which a recent Supreme Court opinion stated was needed before compensation can be made for appropriated lands.
www.alaskool.org /PROJECTS/ANCSA/WLH/WLH66_7.htm   (880 words)

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