Lesson Title: American Indian Relationships with the U.S. Government Today

Day(s) Required: 1-2 Days

Minnesota State Social Studies Standards:

• 9.1.5.10.1 Explain how tribal sovereignty establishes a unique relationship between American Indian Nations and the United States government.

Objectives, by the end of the lesson students will be able to:

• Explain the current American Indian relationship with the U.S. Government today.
• Explain the legislation that has impacted current tribal relations.
• Research current events that are impacting the American Indian’s relationship with the U.S. Government.

Essential Question:

What is the relationship of the American Indian and the U.S. Government today?

Engage:

There are 562 federally recognized American Indian nations (they may also known as tribes, bands, native villages, etc.) These nations are mainly concentrated in Alaska, where there are 229 tribes, with the remainder being in 33 other states.

The constitution recognizes American Indian sovereignty. Throughout history the Supreme Court, Congress, and U.S. Presidents through many treaties have established that American Indians maintain their inherent powers of self-government. These treaties allows the American Indian right to land and their right to self-governance. Self-governance is essential as it ensures the American Indian is a viable distinct group of peoples, protecting their cultures and identities.

In Activity 6.1.2: Introduction, share why you feel it is important that the American Indian retains its right to self-governance.

Explain:

As we just learned in the previous lesson, the U.S. Government has had a long relationship with the American Indian. In 1934 there was the American Indian Reorganization Act, which began the restoration of Indian tribes and reconstitution of tribal governments. The U.S. Government at that time created programs and projects to help rehabilitate the American Indians economic life. While these efforts were critical, it was soon seen that there was further influence of Euro-American values were being forced upon the American Indian.

After World War II, U.S. Congress felt that the American Indians federal recognition and assistance to nearly 100 tribes should be terminated. Known as Public Law 280, which was passed in 1953, imposed state criminal and civil jurisdiction over tribes in California, Minnesota, Nebraska, Oregon and Wisconsin. This results in the termination of federal assistance, which created an economic disaster for many tribes, resulting in the loss of valuable natural resources through tax forfeiture sales.

After 1968 there was a resurgence of tribal government and their involvement with U.S. Congress and Federal Courts. This resurgence ended the termination era that followed after Public Law 280. One particular policy the Indian Self-Determination and Education Assistance Act of 1975, favored tribal control. This control over tribal land and resources, have began to reverse the economic hardships that resulted from historical federal policies and revived the tribals unique cultures and societies.

The U.S. Government works with American Indian nations in the same way that they work with individual state governments. The American Indians, by this designation, are seen not as a special interest group, minority, or non-government entity.

Explore:

As we look at how the American Indian maintains a relationship with the U.S. Government we are going to look at how the different service programs and environment programs. As part of understanding how the American Indian relates to the U.S. Government today there are three different areas for your to explore:

• Tribal Gaming: The media often portrays the American Indian in the terms of tribal gaming. Showing to viewers how the tribal gaming industry has increased the median household income and provided plentiful jobs. However, the tribal gaming industry is only found in 201 of the 562 tribes. Most of the 201 tribes that do engage in tribal gaming, only provide a few jobs in their communities, as their operations are small.
  
• Taxing of a Tribal Government: States cannot directly tax a tribal government. This has been held by the Supreme court in Washington v. Colville, which says that the state government can collect excise taxes on sales of imported products to non-members who were on tribal lands. Tribes in this cases are unable to collect their own sales tax due to the resulting of a double tax burden.
  
• Federal Recognition: There are a variety of federal resources available for the recognized American Indian tribes, however for those tribes who lack federal recognition the process to apply with the Bureau of Federal Indian Affairs is time consuming. This is to ensure that the tribe meets the requirements for tribal sovereignty established by the federal government.

Pick one topic and complete further research on this topic. Answer the following questions in Activity 6.1.2: Reflection on Current Tribal Relations with The U.S. Government:

• What is the historical context of this topic?
• Why is this topic important to the American Indians?
• How does this topic affect the relationship with the American Indians and U.S. Government?

Expand:

As you have learned in the past two days, the protection of the American Indian tribe is never really secure. In fact during the 1990s, tribes saw an increase of legislation from the U.S. Congress which sought to limit tribal self-government. These proposals include things like limiting basic government function and services, enforce treaty rights, recover land, or raise revenues. The U.S. Supreme Court has also recently limited tribal governments’ jurisdiction over non-tribal members. These actions threaten to end a tribe’s ability to function.

For this activity you are going to research a current legislative event with the U.S. Government and the American Indian. You will need to find a news article from a reputable source (CNN, MSNBC, Fox News, CBS, New York Times, Washington Post, etc.) and write a summary. Your summary in Activity 6.1.2: U.S. Congress Legislation and the American Indian should include:

• Information about the proposed legislation;
• The potential implication for the relationship between the American Indian and U.S. Government; and,
• How this does or does not align with previous public laws or acts that you have learned?