Outline of United States federal Indian law and policy

The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:

Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Law and U.S. public policy related to Native Americans have evolved continuously since the founding of the United States. David R. Wrone argues that the failure of the treaty system was because of the inability of an individualistic, democratic society to recognize group rights or the value of an organic, corporatist culture represented by the tribes.David R. Wrone, "Indian Treaties and the Democratic Idea," Wisconsin Magazine of History (1986) 70#2 pp 83-106

U.S. Supreme Court cases

List of United States Supreme Court cases involving Indian tribes

Citizenship

Adoption Mississippi Band of Choctaw Indians v. Holyfield, Adoptive Couple v. Baby Girl,

Tribal Ex parte Joins, Santa Clara Pueblo v. Martinez, Mississippi Band of Choctaw Indians v. Holyfield, South Dakota v. Bourland,

Civil rights Oliphant v. Suquamish Indian Tribe, United States v. Wheeler,

Congressional authority Ex parte Joins, White Mountain Apache Tribe v. Bracker, California v. Cabazon Band of Mission Indians, South Dakota v. Bourland, United States v. Lara,

Gambling California v. Cabazon Band of Mission Indians,

Hunting and fishing rights Menominee Tribe v. United States, New Mexico v. Mescalero Apache Tribe, Oregon Dept. of Fish and Wildlife v. Klamath Indian Tribe, Brendale v. Confederated Yakima Indian Nation, South Dakota v. Bourland,

Jurisdiction Iowa Mutual Insurance Co. v. LaPlante, California v. Cabazon Band of Mission Indians, Mississippi Band of Choctaw Indians v. Holyfield, South Dakota v. Bourland, Adoptive Couple v. Baby Girl,

Criminal Ex parte Crow Dog, United States v. Wheeler, Duro v. Reina, United States v. Lara,

Federal United States v. Rogers, Ex parte Crow Dog, National Farmers Union Ins. Cos. v. Crow Tribe, United States v. Lara,

Over non-Indians Oliphant v. Suquamish Indian Tribe, New Mexico v. Mescalero Apache Tribe, National Farmers Union Ins. Cos. v. Crow Tribe, Iowa Mutual Insurance Co. v. LaPlante, California v. Cabazon Band of Mission Indians, Duro v. Reina, Plains Commerce Bank v. Long Family Land and Cattle Co., Inc., ___ U.S. ___, 128 S.Ct. 2709 (2008)

State Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, White Mountain Apache Tribe v. Bracker, Rice v. Rehner, Three Affiliated Tribes of Fort Berthold Reservation v. Wold Engineering, P. C., Iowa Mutual Insurance Co. v. LaPlante, California v. Cabazon Band of Mission Indians,

Liquor Rice v. Rehner,

Property rights Oklahoma Tax Commission v. United States, United States v. Southern Ute Tribe or Band of Indians, United States v. Sioux Nation of Indians, Rice v. Rehner, Brendale v. Confederated Yakima Indian Nation, Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla., Yakima v. Confederated Tribes, South Dakota v. Bourland, Plains Commerce Bank v. Long Family Land and Cattle Co., Inc., ___ U.S. ___, 128 S.Ct. 2709 (2008)

Allotment Arenas v. United States, Brendale v. Confederated Yakima Indian Nation, Yakima v. Confederated Tribes, Plains Commerce Bank v. Long Family Land and Cattle Co., Inc., ___ U.S. ___, 128 S.Ct. 2709 (2008) United States v. Mitchell (1983),

Mineral rights Merrion v. Jicarilla Apache Tribe,

Reservations United States v. Southern Ute Tribe or Band of Indians, McClanahan v. Arizona State Tax Comm'n, Oliphant v. Suquamish Indian Tribe, Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, Washington v. Confederated Tribes of Colville Reservation, White Mountain Apache Tribe v. Bracker, United States v. Sioux Nation of Indians, Merrion v. Jicarilla Apache Tribe, New Mexico v. Mescalero Apache Tribe, Rice v. Rehner, Oregon Dept. of Fish and Wildlife v. Klamath Indian Tribe, California v. Cabazon Band of Mission Indians, Mississippi Band of Choctaw Indians v. Holyfield, Brendale v. Confederated Yakima Indian Nation, Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla., South Dakota v. Bourland, Plains Commerce Bank v. Long Family Land and Cattle Co., Inc., ___ U.S. ___, 128 S.Ct. 2709 (2008)

Statutory and treaty interpretation Ex parte Crow Dog, Menominee Tribe v. United States, Bryan v. Itasca County, Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, Oregon Dept. of Fish and Wildlife v. Klamath Indian Tribe, South Dakota v. Bourland,

Taxation

State Oklahoma Tax Commission v. United States, Mescalero Apache Tribe v. Jones, McClanahan v. Arizona State Tax Comm'n, Bryan v. Itasca County, Washington v. Confederated Tribes of Colville Reservation, White Mountain Apache Tribe v. Bracker, Ramah Navajo School Bd., Inc. v. Bureau of Revenue of N.M., New Mexico v. Mescalero Apache Tribe, Cotton Petroleum Corp. v. New Mexico, Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla., Yakima v. Confederated Tribes, Oklahoma Tax Commission v. Sac & Fox Nation, Dept. of Taxation and Finance of N.Y. v. Milhelm Attea & Bros., Inc., Wagnon v. Prairie Band Potawatomi Indians,

Tribal Merrion v. Jicarilla Apache Tribe,

Tribal sovereignty Cherokee Nation v. Georgia, Worcester v. Georgia, United States v. Kagama, Oklahoma Tax Commission v. United States, Menominee Tribe v. United States, Morton v. Mancari, 417 U.S. 535 (1974) Bryan v. Itasca County, Oliphant v. Suquamish Indian Tribe, United States v. Wheeler, Santa Clara Pueblo v. Martinez, Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, Washington v. Confederated Tribes of Colville Reservation, White Mountain Apache Tribe v. Bracker, Merrion v. Jicarilla Apache Tribe, Ramah Navajo School Bd., Inc. v. Bureau of Revenue of N.M., New Mexico v. Mescalero Apache Tribe, National Farmers Union Ins. Cos. v. Crow Tribe, Three Affiliated Tribes of Fort Berthold Reservation v. Wold Engineering, P. C., Cotton Petroleum Corp. v. New Mexico, Brendale v. Confederated Yakima Indian Nation, Duro v. Reina, Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla., Yakima v. Confederated Tribes, Dept. of Taxation and Finance of N.Y. v. Milhelm Attea & Bros., Inc., United States v. Lara, 541 U.S. 193 (2004) Wagnon v. Prairie Band Potawatomi Indians, Plains Commerce Bank v. Long Family Land and Cattle Co., Inc., ___ U.S. ___, 128 S.Ct. 2709 (2008)

Other federal court cases In the Matter of S--- (1942) Sohappy v. Smith (1969) Joint Tribal Council of the Passamaquoddy Tribe v. Morton (1975) Cobell v. Salazar (1996, 2009) Harjo et al v. Pro Football, Inc. (2005)

Legislation

Alaska Native Allotment Act Alaska Native Claims Settlement Act Aleut Restitution Act of 1988 American Indian Religious Freedom Act American Indian Trust Fund Management Reform Act 1994 Burke Act Indian Citizenship Act of 1924 Civilization Fund Act Curtis Act of 1898 Dawes Act Indian Gaming Regulatory Act Native American Graves Protection and Repatriation Act Hawaiian Homelands House concurrent resolution 108 Indian Arts and Crafts Act of 1990 Indian Child Welfare Act Indian Claims Limitations Act Indian Land Claims Settlements Indian Land Consolidation Act Indian Relocation Act of 1956 Indian Removal Act Indian Reorganization Act Indian Self-Determination and Education Assistance Act of 1975 The Indian Vaccination Act of 1832 Native American Languages Act of 1990 Nonintercourse Act Johnson–O'Malley Act Lacey Act of 1907 Major Crimes Act Menominee Restoration Act Meriam Report Mission Indian Act of 1891 Native American Housing Assistance and Self-Determination Act of 1996 Nelson Act of 1889 Oklahoma Indian Welfare Act Public Law 280 Title 25 of the United States Code Tribal Law and Order Act of 2010 Western Shoshone Claims Distribution Act of 2004 White Mountain Apache Tribe Water Rights Quantification Act of 2009

Executive Orders Executive Order 13007, 1996, Indian Sacred Sites [Clinton] Executive Order 13021, 1996, Tribal Colleges and Universities [Clinton] Executive Order 13084, 1998, Consultation and Coordination with Indian Tribal Governments [Clinton] Executive Order 13096, 1998, American Indian and Alaska Native Education [Clinton] Executive Order 13107, 1998, Implementation of Human Rights Treaties [Clinton] Executive Order 13158, 2000, Marine Protected Areas [Clinton] Executive Order 13175, 2000, Consultation and Coordination with Indian Tribal Governments [Clinton] Executive Order 13270, 2002, Tribal College Endorsement [GW Bush] Executive Order 13336, 2004, American Indian and Alaska Native Education [GW Bush]

Treaties

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 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.Jay Gatlin, Private Diplomacy to Private Property: States, Tribes and Nations in the Early National Period," Diplomatic History (1998) 22:1 pp 85-99

Many of 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.Alexandra Harmon, ed., The Power of Promises: Rethinking Indian Treaties in the Pacific Northwest (2008)Charles E. Cleland, Faith in Paper: The Ethnohistory and Litigation of Upper Great Lakes Indian Treaties (2011) excerpt and text search 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.Charles D. Bernholz, "American Indian treaties and the Supreme Court: A guide to treaty citations from opinions of the United States Supreme Court," Journal of Government Information (2004) 30#2/3 pp 318-431

Major treaties Treaty of Brownstown, 1808, was between the United States and the Council of Three Fires (Chippewa, Ottawa, Potawatomi), Wyandott, and Shawanoese Indian Nations. Treaty of Buffalo Creek Treaty of Canandaigua, 1794, is a treaty signed after the American Revolutionary War between the Grand Council of the Six Nations and President George Washington representing the United States of America. Treaty of the Cedars Cherokee treaties 1821 Treaty of Chicago 1833 Treaty of Chicago Treaty of Colerain Treaty of the Creek Agency (1818) Treaty of Cusseta Treaty of Dancing Rabbit Creek Treaty of Detroit Treaty of Doak's Stand Treaty of Fond du Lac Treaty of Fort Adams Fort Bridger Treaty Council of 1868 Treaty of Fort Clark Treaty of Fort Confederation Treaty of Fort Finney Treaty of Fort Industry Treaty of Fort Jackson Treaty of Fort Laramie (1851) Treaty of Fort Laramie (1868) Treaty of Fort Meigs Treaty of Fort Pitt Treaty of Fort St. Stephens Treaty of Fort Stanwix (1784) Treaty of Fort Wayne (1803) Treaty of Fort Wayne (1809) Treaty of Fort Wise Georgia resolutions 1827 were a response to the Cherokee's refusal to cede their territory within the U.S. state of Georgia. Treaty of Greenville Treaty of Greenville (1814) Treaty of Fort Harmar Treaty of Hellgate Treaty of Hoe Buckintoopa Treaty of Holston Treaty of Hopewell