| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | ||
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1 | This Quick Reference Guide is the temporary QRG as we work on creating a super duper graphically designed one but until then you get this! | ||||||||||||||||||||||
2 | Quick Reference Word/Phrase | Meaning | Additional Facts or Color Commentary | ||||||||||||||||||||
3 | Since time immemorial | This is a reference to time before written history, a time that different tribal cultures hold reference to in oral tradition. | Remember not to argue with Natives about the land bridge, PLEASE. Engagement Tip: It is never a good idea to insist that an article you read about "land bridges, and more" is more accurate than an individual tribe's oral history of their origins. | ||||||||||||||||||||
4 | Things Not to Say | 101(a) Things not to say/engagement tips: In other words, it is never a good idea to insist that an article you read about "land bridges, and more" is more accurate than an individual tribe's oral history of their origins. | |||||||||||||||||||||
5 | Doctrine of Discovery | A European Christian theory coming from the Catholic Church and starting in the 15th century to justify European claim to property and sovereignty rights in other territories, and legitimize their treatment of how aboriginal peoples should be treated in lands that Christian nations “discovered.” In the U.S., the Doctrine of Discovery was used by the United States Supreme Court to affirm that England and the U.S. recognized the inherent sovereignty of Indian tribes, but that tribal sovereignty was “dependent” on the U.S. federal government. (University of Alaska Fairbanks) | "Treatment" = justification for stealing their stuff and murder, etc. | ||||||||||||||||||||
6 | Indian Country | A term initially established by British Parliament in the Royal Proclamation of 1763. This term defined specific boundaries in Indian territory where tribal laws applied; initially, this was all land west of the Appalachians. In modern application, and typically used by tribal peoples, the term "Indian Country" is a reference to the cultural and physical landscape of North American tribes today. | Even I get flack about using the word Indian in native and non-native circles alike. My fallback is "well, 'Indian Country' IS still a legal term, AND using it colloquially is another thing of mine". I could call it "Native Land", and used literally that is fine, but used colloquially sounds like a very awkward theme park? Just my opinion though! | ||||||||||||||||||||
7 | Royal Proclamation of 1763 | A proclamation by British Parliament that explicitly set physical boundaries for where tribal laws applied and where colonists were prohibited from exploring. This area was established as land west of the Appalachians, and was called "Indian Country or Territory". (University of Alaska Fairbanks) | |||||||||||||||||||||
8 | Indian Commerce Clause | A clause in the first article of the U.S. Constitution that describes Congress's power of Indian Affairs: "To regulate commerce with foreign nations, and among several States, and with the Indian tribes." (U.S. Constitution) | |||||||||||||||||||||
9 | Indian Removal Act | An act signed by President Andrew Jackson authorizing the Army to the remove Indians within U.S. borders. But it was really focused on the Cherokee, Chickasaw, Choctaw, Creek, and Seminole tribes out of Georgia and surrounding states. (Native Voices) | Cliff note: This Act sets the stage for the Cherokee Trail of Tears and other forced relocation marches. | ||||||||||||||||||||
10 | Reservation | A reservation is an area of land occupied by an Indian tribe that is held in trust by the United States government, for the use, possession, and benefit of the Indian tribe. (Tanana Chiefs Conference) | All reservations are Indian Country, but not all Indian Country is reservations. | ||||||||||||||||||||
11 | Treaty | A treaty is a contract or a legal agreement between nations ratified by their governing bodies. In the earliest days, treaties were made between individual tribes and the British. Later, they were made between the U.S. Federal Government and individual tribes. Treaties between the U.S. and Indian Nations number between 367 and 375; scholars and compilers have not settled on a definitive number. Treaty making with tribes in the US ended in 1871. (University of Alaska Fairbanks) | Not all tribes have treaties. For example no treaties in Alaska! However, eventually, all of the treaties were broken and violated by settlers and the U.S. government. Yes, all treaties. | ||||||||||||||||||||
12 | Marshall Trilogy | The Marshall Trilogy is a reference to three major cases in the early 1800s decided by the Marshall Court. These cases, when read together, acknowledge Tribe's inherent sovereignty and form the basic framework of federal Indian Law in the U.S. (Indian Law Professor Uncle) | Aka Ron Whitener's favorite lecture topic. As the cases are the foundation of tribal sovereignty, the federal trust responsibility etc. I GUESS I understand why it is so important to him :) | ||||||||||||||||||||
13 | Tribal Sovereignty | Tribes are sovereign with the "inherent" authority to govern themselves, "inherent" meaning that it comes from tribes being self-governing long before settlers came to the "New World." States do not have authority over reservations unless Congress explicitly authorizes them. | Engagement Tip: Common synonyms for the word "Tribe" in the full name of any given tribal government include: Village, Community, Nation, Rancheria, Pueblo or Band The SAMHSA Culture Card has a helpful tip: Learn how the community refers to itself as a group of people (e.g., Tribal name). | ||||||||||||||||||||
14 | Federal Trust Responsibility | This means that the federal authorities will protect tribes' sovereign status, their lands and tribal property, and their rights as domestic dependent nations. The federal Indian trust responsibility is a legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian tribes (Seminole Nation v. United States). The federal Indian trust responsibility is also a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law with respect to tribes. | The federal government has a responsibility to protect Indian lands and resources, and to provide essential services. This comes from the fact that the federal government took away the vast majority of Indian lands, and in return promised to provide these things. | ||||||||||||||||||||
15 | Domestic Dependent Nations | A term coined by Supreme Court Justice John Marshall that basically establishes tribes as sovereign within their territory, though the U.S. functions act as a sort of guardian to the tribe. (University of Alaska Fairbanks) | |||||||||||||||||||||
16 | General Allotment Act (aka Dawes Act) | The General Allotment Act divided up Indian lands by allotting no more than 160 acres to individual adult male tribal members, for private ownership, and then declaring the "leftover" land as ‘surplus’ and selling it to non-Indians. By dividing reservation lands into privately owned parcels, Congress hoped to assimilate Indian people by forcing the deterioration of their communal lifestyles. The Act created a checkerboard pattern of land ownership, where non-Natives owned the land between and around Indian lands. (University of Alaska Fairbanks) | Under this Act, the Indian tribes lost 90 million acres, an area the size of California. See "checkerboarding" and "allotments" for related references. | ||||||||||||||||||||
17 | Indian Citizenship Act (aka Snyder Act) | This was an act enacted by Congress in 1924 that granted citizenship to all American Indian and Alaska Native peoples who were not already citizens of the U.S. While Natives were legally recognized citizens, this had little impact on their actual rights (for example, it took 40 more years for Natives to have the right to vote in all states). (University of Alaska Fairbanks) | Engagement Tip: Be careful about telling stories of distant AI/AN relatives in your genealogy as an attempt to establish rapport unless you have maintained a connection with that AI/AN community. | ||||||||||||||||||||
18 | Indian Reorganization Act (aka The IRA) | The IRA was an act of Congress that ended the allotment of tribal lands, and provided for the return of surplus lands to tribes, not homesteaders. The act encouraged Tribal adoption of written constitutions and charters and provided funding to promote tribal self-governance. It was a distinct departure from previous policies of assimilation and ushered in a new era of federal government and tribal relations. (University of Alaska Fairbanks) | The IRA was a step, albeit a small one, in the long path back toward self governance for tribes. | ||||||||||||||||||||
19 | Public Law 280 | P.L. 280 was an act passed by Congress in 1953 that extended state criminal and some civil jurisdiction into Indian Country in certain states. Congress initially gave six states extensive criminal and civil jurisdiction over tribal lands, though it allowed other states to acquire jurisdiction. Generally, it brought an increased role for state criminal justice systems in Indian Country. (University of Alaska Fairbanks) | There is so much to unpack regarding PL 280 but as I note in the lesson that is NOT 101 level. | ||||||||||||||||||||
20 | Indian Relocation Act | The Act, also known as Public Law 959 or the Adult Vocational Training Program, was an extension of termination policy and intended to stimulate urban relocation and assimilation of Natives into the general population. (Native Voices) | |||||||||||||||||||||
21 | Self-Governance | Self-Governance requires that tribal governments meet certain conditions in order to have control and decision-making authority over their land and finances, both from Federal financial resources and internal budgets. (University of Alaska Fairbanks) | |||||||||||||||||||||
22 | Federally Recognized Tribe | An American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States. There are numerous specific responsibilities, powers, limitations, and obligations attached to this designation. These tribes are eligible for funding and services from the Bureau of Indian Affairs. (Bureau of Indian Affairs) | |||||||||||||||||||||
23 | Tribal Government Structures | Federally recognized tribes have governments that are diverse in structure and in decision-making processes. Because some tribal constitutions were patterned after the model constitution developed by the Bureau of Indian Affairs in response to the IRA, some similarities exist among tribal governments. | ~ 60% of constitutions are based on the model IRA constitutions. | ||||||||||||||||||||
24 | Tribal Constitutions | Tribal constitutions contain provisions that describe tribal territory, specify eligibility for citizenship, and establish the governing bodies and their powers. | Tribes that have chosen other structures and constitutions frequently have decided to do so in favor of a more traditional government for the tribe, also not all tribes organize under a constitution. For example, the Navajo Nation has no written constitution but operates under a detailed tribal code and has an elected council and president. Many of the Pueblos in New Mexico operate entirely under unwritten, customary law, with traditional leadership and a unique government structure (NCAI). | ||||||||||||||||||||
25 | Tribal Governance Bodies to Know | In general, tribes have what I call "voting bodies", "elected bodies" and administration. What these are called often confuses people (me too sometimes). "Voting Body": Under the IRA model constitution, the voting body elect people to serve on the governing body, generally this is the enrolled members of the tribe that are over the age of 18 but again not always! Example names of the voting bodies: General Membership, General Council, General Body, etc. Elected Body: In some tribes, the elected body or tribal leaders, frequently called the "tribal council", are elected by district; in others, they are elected at large. They generally have the authority to write tribal law, and council members have administrative duties in some tribes. Examples of names for the elected bodies: Tribal Council, Business Committee, (The two most common because of the IRA Model Constitutions) but there are also Board of Directors, Senate, Native Council, IRA Council, Village Council, Traditional Council, Community Council, Grand Council, Council of Trustees, Council of Chiefs, Executive Committee, Representative Legislature, and many more. Elected Body Leader: Most tribal constitutions provide for this executive officer (which can be called a variety of names). In some tribes, the tribal council elects the chief executive from among elected tribal council members while the voting citizens directly elect the leader in others. In most cases, the chief executive's duties and powers are not specified in the constitution but are set in the bylaws. Consequently, the role of the chief executive varies greatly among tribes. (NCAI) This elected body leader position can be called by lots of different titles, such as: Chair, Chairman, Chairwoman, Chairperson, President, Chief, Governor, Principle Chief Administrative Body: The administrative lead position can be called, among other things: Executive Director, Tribal Administration, CEO, etc. The tribal administration, or similar name, oversees the day-to-day operations of the tribal government, often overseeing programs like social services, housing, health services, planning, etc.Most often the top administrator is a hired employee. But sometimes this position is appointed by the elected leadership or even the Chair. Judicial Body According to the BIA, there are approximately 400 tribal justice systems. (BIA) There are lots of things to learn about tribal courts from structures to jurisdiction BUT getting too deep into it is not 101 level so I am gonna stop on just letting you know that tribal courts exist and they do lots of things (and many things even better than western courts)! | |||||||||||||||||||||
26 | Engagement Tip | Engagement Tip Never forget that tribal administrations, leaders, and staff have lots of ground to cover. Going into a tribe full tilt— thinking that because your project is the best ever— doesn't mean that the tribe doesn't need to consider where it fits within their wide range of responsibilities and priorities. Also, just like many government employees, tribal employees are also often carrying a large workload. | |||||||||||||||||||||
27 | Engagement Tip | If you are meeting with tribal leadership (Tribal Council, Business Committee, etc.) generally one should ask the Tribal Chair or equivalent how/when to start the meeting and let them open the meeting if they want to. How Chairs run meetings varies greatly depending on the chair's style or tribal council norms. Some tribal councils might appear casual but adhere very strictly to Robert's Rules of Order. Others might be all suited up but run the meetings very casually. It is a wide spectrum and it is important to try and read the room as well as ASK how the chair would like their protocols addressed. | |||||||||||||||||||||
28 | Engagement Tip | The SAMHSA Culture Card has this to say: Historic rivalries, family or clan conflicts, and “Tribal politics” may present challenges for an outsider unaware of local dynamics who is trying to interact with different groups in the community. Bob Whitener tips and tricks TAKE THE PAUSE. This actually is a good tip for any of us that find pauses when running a meeting or facilitating (I am looking at myself here). But especially in tribal communities, it is very important to allow the pause for people to have time to comment or interject. Sometimes that pause feels LONG (at least to me) but I have found that when I take that pause and hold it, right at the moment I think it has gone on too long and my skin starts to crawl, is when someone begins to speak, often with something very useful to the conversation. The SAMHSA Culture Card also has different but related tips: Do not interrupt others during a conversation or interject during pauses or long silences. Listen and observe more than you speak. Learn to be comfortable with silence or long pauses in conversation by observing community members’ typical length of time between turns at talking. During formal interviews, it may be best to offer general invitations to speak, then remain quiet, sit back, and listen. Allow the person to tell their story before engaging in a specific line of questioning. Avoid intrusive questions early in the conversation. | |||||||||||||||||||||
29 | Engagement Tip | If you are going to hold a meeting where you are inviting the community, ALWAYS PROVIDE FOOD. Do not, I repeat, do not hold a meeting without food. And if you are offered food, EAT IT. The SAMHSA Culture Card says this more gently than I (but in several different ways, highlighting the importance of this engagement tip): | |||||||||||||||||||||
30 | Engagement Tip | OK, so people are going to sometimes talk. A lot. Telling stories to illustrate a larger point is frequent. Learn to be ok with that (and frankly this is a lesson I STILL have a hard time with). If you really need to get through to some decisions in a meeting, consider hiring a Native facilitator who is good at guiding those kinds of conversations (we still won't cut off a respected elder but we can be slightly more effective at moving things along than someone from outside the Native community). The SAMHSA Culture Card says it this way: Getting messages across through telling a story (traditional teachings and personal stories) is very common and sometimes in contrast with the “get to the point” frame of mind in non-AI/AND society. Be open to allowing things to proceed according to the idea that “things happen when they are supposed to happen.” Avoid frequently looking at your watch and do not rush things. | |||||||||||||||||||||
31 | Natl Fact | Native people may convey truths or difficult messages through humor and might cover great pain with smiles or jokes. It is important to listen closely to humor, as it may be seen as invasive to ask for too much direct clarification about sensitive topics. It is a common understanding that “laughter is good medicine” and is a way to cope. The use of humor and teasing to show affection or offer corrective advice is also common. (SAMHSA Culture Card) | |||||||||||||||||||||
32 | Engagement Tip | Engagement Tips In my family, we have a running joke that if a Whitener teases you, they like you. If we ignore or give you the silent treatment then you have made it onto our LIST. In a weird twist, it seems that our family joke is just our Native roots at work, since according to the SAMHSA Culture Card: If community members tease you, understand that this can indicate rapport-building and may be a form of guidance or an indirect way of correcting inappropriate behavior. You will be more easily accepted and forgiven for mistakes if you can learn to laugh at yourself and listen to lessons being brought to you through humor. AI/AN people may....ignore an individual to show disagreement or displeasure. | |||||||||||||||||||||
33 | Engagement Tip | Engagement Tip When in a social setting where food is served, elders are generally served first. Don't line jump unless you want to be scolded. | |||||||||||||||||||||
34 | Self-Government | Tribes have the inherent power to govern almost all matters involving their members, as well as a wide range of issues in Indian Country. | |||||||||||||||||||||
35 | Recognition Types | A tribe may be recognized: 1 on a federal level 2 on the state level 3 on both state and federal levels, or 4 on neither level. | |||||||||||||||||||||
36 | Federally Recognized Indian Tribe List Act | An act passed by Congress in 1994 that established three methods by which tribal nations can become federally recognized: 1) an Act of Congress, 2) a Decision of the U.S. Court or 3) via administrative procedures set forth in part 83 of the Code of Federal Regulations. (OFA) | There are currently 574 federally recognized tribes. (ADD: June 2022) | ||||||||||||||||||||
37 | State Recognition | When a tribe is recognized by a state inside of which it is located. State recognition may be sought by tribes for varied reasons, some benefits include acknowledgment of a tribe's particular historical contributions to a region or because they are able to obtain benefits from certain U.S. departments that provide funding to state-recognized tribes. (National Congress of State Legislatures) | |||||||||||||||||||||
38 | Unrecognized Tribes | The U.S. Government Accountability Office has identified approximately 400 non-federally recognized tribal entities in the U.S. Some non-federally recognized tribes lost their recognition as a result of federal government actions in the 1950s and 1960s that terminated government-to-government relationships with Indian tribes, making them now ineligible to apply to the Bureau of Indian Affairs (BIA) for recognition. (GAO) | Engagement Tip: Determining the level of engagement one should undertake with non-federally recognized tribes can be complicated since tribes might not have federal recognition for any number of reasons. The federal consultation requirements do not extend to unrecognized tribes, but that does not mean you should ignore them. Figuring out which unrecognized tribes are in your area would be a good first step. Talking to experts from federally recognized tribes can be useful but understand that intertribal politics, treaty interpretation, and so on can greatly influence how a federally recognized tribe feels about an unrecognized tribe being at the same table. There are also issues with "wannabe tribes" or "c-pains" that we discuss further down below, which complicate matters even more. Wanted a clear directive here? Sorry, TOO BAD. It is just hard. But at least now you know it is not just you that finds it hard? | ||||||||||||||||||||
39 | Engagement Tip | Determining the level of engagement one should undertake with non-federally recognized tribes can be complicated since tribes might not have federal recognition for any number of reasons. The federal consultation requirements do not extend to unrecognized tribes, but that does not mean you should ignore them. Figuring out which unrecognized tribes are in your area would be a good first step. Talking to experts from federally recognized tribes can be useful but understand that intertribal politics, treaty interpretation, and so on can greatly influence how a federally recognized tribe feels about an unrecognized tribe being at the same table. There are also issues with "wannabe tribes" or "c-pains" that we discuss further down below, which complicate matters even more. Wanted a clear directive here? Sorry, TOO BAD. It is just hard. But at least now you know it is not just you that finds it hard? | |||||||||||||||||||||
40 | Things Not to Say | Things Not to Say: Never imply tribes are subordinate to states (or cities, counties, etc.). That's another engagement tip from me to you. Furthermore, federally recognized tribes possess both the right and the authority to regulate activities on their lands independently from state government control. They can enact and enforce stricter or more lenient laws and regulations than those of the surrounding or neighboring state(s) wherein they are located. They are subject to federal laws, though (gross generalization). | It is very difficult to accomplish anything with the state if every time you meet with someone you have to justify who you are and why you have a right to be involved. Tribes have treaties with the federal government and we are recognized in the U.S. Constitution, but we often have to teach that to every state official we meet. How are we supposed to get into the details of an issue on fisheries or taxes, if we can't get past the ABCs. Ron Allen, Chairman of the Jamestown S'Klallam Tribe in Washington | ||||||||||||||||||||
41 | Tribal Consultation | A Tribal consultation is a formal, two-way, government-to-government dialogue between official representatives of Tribes and Federal agencies to discuss Federal proposals before the Federal agency makes decisions on those proposals. Some states also have consultation policies and requirements for federally (or state) recognized tribes within their borders. (Bureau of Indian Affairs) | |||||||||||||||||||||
42 | Engagement Tip | One thing that is a problem is this: a partner organization meets with a tribe 12 times—but didn't actually change anything based on tribe's input. Then the partner publishes the report without the changes recommended by the tribe. The report says "we met with the tribes 12 times." | |||||||||||||||||||||
43 | Intertribal Organizations | Membership organizations that may represent (in a limited capacity) all or some of the tribes in a state, region, or even nationally. | Engagement Tip: Starting with an intertribal organization, especially one with a specific region or subject-specific focus can be a helpful entry point or place to start your research. But intertribal organizations cannot commit tribes to things beyond their specifically granted authority so they are by no means a substitution to direct tribal engagement. | ||||||||||||||||||||
44 | Engagement Tip | Tribes sometimes fight. The best description I have is that we act like siblings. We love each other but sometimes we also bicker. | |||||||||||||||||||||
45 | Engagement Tip | When people set out to engage with "tribes" they often make the generalization that every tribal citizen would be able to offer an informed opinion on whatever issue was at hand. This is often a misstep. NAJA's graphic on how to help reporters gauge the validity of a Native expert is very helpful and similar to what I am saying above (see more about NAJA in the Organizations to Know section below). | |||||||||||||||||||||
46 | Engagement Tip | Treat EVERYONE you meet with respect. This goes without saying I am SURE. But especially in Indian Country, remember that people wear lots of different hats within the community. The receptionist might ALSO be on the tribal council or be very influential within the community. The sassy cashier at the tribal convenient store might be the chairman's wife. It is just always best to assume that might be the case and proceed accordingly. SAMHSA Culture Card says this less directly but I like to think it means the same thing: Avoid stereotyping based on looks, language, dress, and other outward appearances. | |||||||||||||||||||||
47 | Engagement Tip | The SAMHSA CultureCard says to remember that: You may experience people expressing their mistrust, frustration, or disappointment from other situations that are outside of your control. Learn not to take it personally. Rapport and trust do not come easily in a limited amount of time; however, don’t be surprised if community members speak to you about highly charged issues (e.g., sexual abuse, suicide) as you may be perceived as an objective expert. | |||||||||||||||||||||
48 | Q & A | "Should I bring a gift? Should it be a BLANKET?" Ok. So. A tribe might "blanket" you if you have been an especially good partner. "Blanketing" is a verb I use, I have no idea if anyone else uses that as a verb so I am not putting that in the glossary or anything. It means when you are given a blanket and someone drapes that blanket around your shoulders like one would wear a shawl. So it is my opinion and the opinion of a few others I ran an informal poll on, but it is fine for a non-native partner to say send us a blanket from 8th Generation but if at a public meeting they, they being a non-native person from a non-native organization, gifted us that SAME blanket by trying to drape around my shoulders that would be odd. Now if a native person from a tribe or native organization "blanketed" me I would be super duper honored and might even cry. Another side note: the most common blanket used for "blanketing" used to be Pendleton but NOW it is for sure 8th Generation. What about gifting in general you ask? I would say we don't expect our non-native partners or colleagues to always bring gifts (I mean I like gifts as much as the next person). I would say if you brought a gift of say jam you made, ANYONE would want homemade jam. But it would be WEIRD if a non-native gifted one of our own traditional "supplies" to us. For example, tobacco or cedar might be a traditional gift among tribes but you don't need to bring it to us cause it would just feel ODD. It is more traditional to give a gift from your own culture or skills. | |||||||||||||||||||||
49 | Natl Fact | Engagement Tip This is very important. Sometimes at tribal events, you will have blessings/openings done by multiple groups. Like, say, the drum group AND a shaker prayer. Make sure when you line up an opener like that for an event someone in the tribe makes that decision, NOT you. | |||||||||||||||||||||
50 | Trust Land | Land that is owned by a tribe or Native person that the United States holds in trust on their behalf. Unlike with fee simple land (the type of land we usually think of), the federal government, instead of the individual or tribe, holds the title for the land. (Indian Land Tenure Foundation) (Center for Indian Country Development) | |||||||||||||||||||||
51 | Restricted Fee Land | Legal title of restricted lands is held by a tribe or the individual, but the land is subject to restrictions against sale or conveyance without the approval of the federal government. These lands are under tribal jurisdiction and the protection of federal law, and usually are not subject to state or local taxation. (Indian Land Tenure Foundation) (Center for Indian Country Development) | |||||||||||||||||||||
52 | Fee Simple | Land ownership status in which the owner holds title to and control of the property. The owner may make decisions about land use or sell the land without oversight. (Indian Land Tenure Foundation) (Center for Indian Country Development) | |||||||||||||||||||||
53 | Allotments | Allotments are discrete parcels of land held by individual tribal members. The federal government, through the BIA, manages allotted lands, including managing the income and property of the allottee. (Center for Indian Country Development) | Allotments often face issues related to fractionated ownership. When an allottee dies without a will, ownership often is divided among all the heirs, but the land itself is not physically divided. | ||||||||||||||||||||
54 | Engagement Tip | Engagement Tip My number #1 tip for land acknowledgment is never to frame them like all the natives are dust in the wind. In other words make sure you don't only reference tribes and native people in the PAST TENSE. Illuminative has a longer list of tips for your land acknowledgment, enjoy: | |||||||||||||||||||||
55 | Q & A | Q: What do Native people mean when they talk about "Decolonization"? A: In a Mashable article, Jimmy Lee Beason II, a member of the Osage Nation and professor in the Indigenous & American Indian Studies department at Haskell Indian Nations University, in Lawrence, Kansas. talks about decolonization from his point of view. He is quoted as saying that while anyone can practice decolonization, it may look different for Indigenous people who've experienced the firsthand effects of colonization. Decolonization is a very personal act for Native Americans. It can mean relearning languages and customs, getting reacquainted with relatives, and becoming reconnected with value systems that existed prior to colonization. He notes that rejecting individualism while embracing that you're "equal parts in a greater scheme that's kind of beyond us" is key to this process. For tribes that have lost their language and ceremonies, it can mean adopting practices "gifted" to them by other tribes, which importantly strengthens the bonds of greater kinship. Beason warns that it's not going to look exactly the same for every individual or tribe because they've experienced varying levels of colonization over the centuries. (Mashable) | |||||||||||||||||||||
56 | Indian Gaming Regulatory Act (IGRA) | An act passed by Congress in 1988 which provided that tribes could conduct commercial gaming operations under compacts negotiated with states and regulated by the National Indian Gaming Commission. (National Indian Gaming Commission) | |||||||||||||||||||||
57 | Natl Fact | 53% of Tribes DO NOT HAVE CASINOS. MOST FEDERALLY RECOGNIZED TRIBAL GOVERNMENTS DO NOT OPERATE CASINOS. And only those located near large population centers are highly profitable. Tribal governments operating casinos use the revenue to fund services for tribal members or fund basic government functions. (Native Philanthropy - One Fire Development) Tribal gaming is the most regulated form of gaming in the nation. In fact, much like the revenues from state lotteries, tribal governments are required to use gaming revenues to fund social service programs, scholarships, healthcare clinics, new roads, new sewer and water systems, adequate housing, chemical dependency treatment programs, and other programs. (NCAI) | |||||||||||||||||||||
58 | Q & A | Q: Why do tribes need federal funds when they can "get rich" from owning a casino? A: Most gaming tribes, unless they are near major population centers, generate only a moderate amount of income from their casino operations. Most tribal gaming operations only fill in funding for the work that tribes are expected to do as a government. Federal funds are inadequate to meet the needs of tribal governments and to fulfill the trust responsibility borne by the U.S. for the taking of tribal land. Tribes also have limited taxing ability for a number of reasons, making funding government operations difficult. Tribes then have had to turn to using business ventures, including gaming. Gaming has helped many tribes fill this gap. For a few tribes, gaming also created more funds than necessary for government funding. These operations are rare since they require a set of conditions which include a location close to a high population base, few other tribes with gaming nearby, a state that doesn't allow casino gaming and a small population base. When these conditions do arrive, tribes may forgo government funds and/or assist other tribes without gaming revenues. (BW) | |||||||||||||||||||||
59 | Urban Indians | Urban Indians are tribal people currently living off federally defined tribal lands in urban areas. Urban Indians are a unique and often overlooked population. Approximately 71% of American Indians and Alaska Natives live in urban areas. | |||||||||||||||||||||
60 | Tribal Enrollment Criteria | Criteria established in tribal constitutions, articles of incorporation or ordinances that create the requirements for enrollment. Criteria vary from tribe to tribe and is not uniform. Criteria may include requirements of blood quantum, tribal residency, cultural knowledge, or continued contact with a tribe. | Native peoples and governments have inherent rights and a political relationship with the U.S. government that does not derive from race or ethnicity, but rather this political status as members in a sovereign nation. Two common requirements for membership are lineal descendancy from someone named on the tribe's base roll or relationship to a tribal member who descended from someone named on the base roll. (A "base roll" is the original list of members as designated in a tribal constitution or other document specifying enrollment criteria.) Other conditions such as tribal blood quantum, tribal residency, or continued contact with the tribe are common. (DOI) | ||||||||||||||||||||
61 | Blood Quantum | Often interpreted as "Indian blood" of an individual. In reality, it is a mathematical equation designed to show how closely connected a Native person is to the original enrollees of a federally recognized tribe. | Important reminder: Blood quantum is not scientific, it is a sociopolitically rooted method of restricting a tribe's enrollment. | ||||||||||||||||||||
62 | Certificate of Degree of Indian or Alaska Native Blood (CBID Card) | A certificate that states the specific blood quantum of an individual. It is certified by the Bureau of Indian Affairs or a tribal official. This certificate may indicate blood quantums from different tribes or generally. | |||||||||||||||||||||
63 | Card-Carrying Indian | Slang for a Native person who has an ID card that shows they are enrolled in a specific federally recognized tribe and/or has a CBID card from the BIA. | Engagement Tip Be careful about telling stories of distant AI/AN relatives in your genealogy as an attempt to establish rapport unless you have maintained a connection with that AI/AN community. ( SAMHSA Culture Card) I will be more harsh. Just DON'T. If you want to have credibility and establish rapport, this is the OPPOSITE of how to do it. When anyone says anything along these lines to me I automatically file them under "Has very little knowledge of tribes or Native citizens." | ||||||||||||||||||||
64 | Pretendians | Individuals claiming to be Native or to have Native blood far back in their ancestry with no such proof. | Pretendians (or wannabes) are individuals claiming to be Native or have Native blood far back in their ancestry with no proof of such. What has further complicated this issue is there are many Natives who were separated from their tribal communities through years and years of colonialist policies designed to do just that (relocation, adoption, termination, and pretty much everything in the 101(a) course). Those Natives are not pretendians but often feel awkward reconnecting with their Native communities and family because of real pretendians out there claiming Native heritage when they have no legitimate claim beyond vague family lore of a Native in their family tree or just an outright identity crisis/lying to gain notoriety or some perceived competitive advantage. | ||||||||||||||||||||
65 | Things Not to Say | Things not to say: "My great-great-great grandmother was a Cherokee princess." | |||||||||||||||||||||
66 | AI/AN | American Indian / Alaskan Native | American Indian, Indian, Native American, Indigenous, Tribal Member, or Native? All of these terms are GENERALLY acceptable. The consensus, however, is that whenever possible, Native people prefer to be called by their specific tribal name. | ||||||||||||||||||||
67 | Cultural Appropriation | Cultural appropriation occurs in a variety of forms from costumes, to mascots, music, art, and even everyday language. It is illegal to market art or craftwork using the name of a tribe if a member, or certified Indian artisan, of that tribe did not actually create the art or craftwork.See the Indian Arts & Crafts Act. (DOI) | Engagement Tips The SAMHSA Culture Card really does have great tips! Respectful questions about cultural customs are generally welcomed, yet not always answered directly. Any questions about culture should be for the purpose of improving the service provider’s understanding related to the services being provided. It is acceptable to admit limited knowledge of AI/AN cultures, and invite people to educate you about specific cultural protocols in their community. Engagement Tips The SAMHSA Culture Card has several helpful DON'Ts related to entitlement to stuff that AIN'T YOURS. Do not touch sacred items, such as medicine bags, other ceremonial items, hair, jewelry, and other personal or cultural things. Do not take pictures without permission. NEVER use any information gained by working in the community for personal presentations, case studies, research, and so on, without the expressed written consent of the Tribal government or Alaska Native Corporation. Respect confidentiality and the right of the tribe to control information, data, and public information about services provided to the tribe. | ||||||||||||||||||||
68 | Things Not to Say | Things not to say: "I have found my tribe" —honestly it sounds dumb and tribal people WILL generally find you annoying and roll their eyes at you, at a MINIMUM. Other things it would behoove you to eliminate from your vernacular include, but are not limited to: "Low man on the totem pole," "Let's pow-wow," "Operating on Indian time," "I have really gone off the reservation," the word "SQUAW" in ANY context. | |||||||||||||||||||||
69 | Q & A | Q: How do you know when you are an elder? This is a Q&A for the Native people out there reading this. A: You interrupt a tribal council meeting and no one tells you to shut your trap! | |||||||||||||||||||||
70 | Natnl Fact | Specific cultural customs among AI/ AN groups may vary significantly, even within a single community. | |||||||||||||||||||||
71 | Engagement Tip | Engagement Tip Sometimes in Indian Country, you will run into people that will act as gatekeepers of traditions and culture. There are reasons for that attitude that I am not going to touch. But if you get shut down or critical feedback don't let that deter you from asking questions. | |||||||||||||||||||||
72 | Natnl Fact | Powwows, much like frybread, are found throughout Indian Country. The term “powwow” derives from Pau Wau, meaning “medicine man” in Narrtick, a language spoken by the Algonquian peoples in Massachusetts. English settlers began misusing the word to refer to the meetings of Indigenous medicine men, and later to any kind of American Indian gathering. American Indians have since reclaimed the term. (Smithsonian) “The Plains-style powwow originated in South Dakota, North Dakota, Montana area, Saskatchewan, Alberta, and then it started to grow and grow everywhere,” says Terrance Sabbas, a Native American Liaison in the Marysville School District and a powwow performer himself. “It’s really inclusive … We all meet up and celebrate life [with] singing and dancing, and then they started adding prize money.” (South Seattle Emerald) Dancers, drum groups, and tribal entrepreneurs alike travel the powwow highway. Fancy dancers, jingle bells and drumming. Powwows are hosted frequently by tribes themselves but also colleges and nonprofits. | |||||||||||||||||||||
73 | Indian Arts and Crafts Act | An act passed by Congress in 1990 that ensures truth-in-advertising. It prohibits misrepresentation when marketing Indian arts and craft products not actually made by Native people within the United States. | |||||||||||||||||||||
74 | Engagement Tip | Verify the artist is Native before you buy something. Verify you don't have a stolen artifact in your collection. Native art styles and social norms around art vary by region, by tribe, and even by artist. I am not saying that non-natives shouldn't wear native fashion or hang native art in their homes. I am saying MAKE SURE THE STUFF YOU BUY IS FROM AN ACTUAL NATIVE ARTIST. | |||||||||||||||||||||
75 | Mascots | A leading representation of the Native American story is through caricatures and dehumanized portrayals associated with mascots for sports teams and schools. The literature shows that this is damaging to Native high school and college students as it negatively affects their feelings of personal and community worth. | |||||||||||||||||||||
76 | Historical Trauma | The cumulative, multigenerational, collective experience of emotional and psychological injury in communities and their descendants. | |||||||||||||||||||||
77 | | Engagement Tip As with many Native nations across the U.S., Christianity took root. Within tribal communities, there exists a number of religious beliefs and each community has a varying degree of religious vein running through it. It is something to be aware of, many non-Native people can offend Native people that are Christian simply by making assumptions that do not take into account that while Christianity came from colonizers does not mean that all Natives reject it. | |||||||||||||||||||||
78 | Missing and Murdered Indigenous Women and Girls (MMIWG or MMIWG2) | MMIWG is a community-based grassroots movement that raises awareness about and seeks to address the epidemic of Indigenous women in the Americas going missing or being murdered, and the lack of response by the systems meant to serve them when this happens. | On average, 40% of the women identified as victims of sex trafficking were identified as Native American or Alaskan Natives. | ||||||||||||||||||||
79 | Q & A | Q: Do natives have a genetic marker for alcoholism? A: Researchers analyzed data from a survey of more than 4,000 Native Americans and 170,000 whites between 2009 and 2013. Called the National Survey on Drug Use and Health, the survey was administered by the U.S. Substance Abuse and Mental Health Services Administration. The study also used another nationally representative survey, the Behavioral Risk Factor Surveillance System administered by the U.S. Centers for Disease Control and Prevention, to measure how often Native Americans and whites engaged in excessive drinking in the past month. Again, findings for the two groups were comparable. About 17% of both Native Americans and whites were found to be binge drinkers, and about 8% of both groups were heavy drinkers. Binge drinking was defined as five or more drinks on one to four days in the past month. Heavy drinking was five or more drinks on five or more days in the past month. 60% of Native Americans reported no alcohol use in the past month, compared to 43% of whites. (“Alcohol use among Native Americans compared to whites: Examining the veracity of the ‘Native American elevated alcohol consumption’ belief”) | |||||||||||||||||||||
80 | Natl Fact | American Indians and Alaskan Natives are 2.5 times as likely to experience violent crimes and at least 2 times more likely to experience rape or sexual assault compared to all other races. (IA) | |||||||||||||||||||||
81 | Natl Fact | 4 in 5 American Indian and Alaskan Native women have experienced violence in their lifetime.�(IA) | |||||||||||||||||||||
82 | Food Sovereignty | When a community exercises its authority and ability to choose the foods they will use to sustain their people and their cultures. | Traditional foods support physical, mental, and spiritual health. | ||||||||||||||||||||
83 | WASHINGTON | ||||||||||||||||||||||
84 | WA Facts | There are 29 Federally Recognized Tribes in Washington. | |||||||||||||||||||||
85 | WA Facts | Washington Treaties by the Numbers: Eight treaties were ultimately negotiated and ratified with tribes that have an impact on and were signed in Washington State. Six of the eight treaties were with successors to modern-day Washington tribes. One of the treaties grants off-reservation treaty rights to federally-recognized tribes that are in Oregon not Washington. One of the treaties was signed in Walla Walla, Washington but is with the Nez Perce, whose reservation is in Idaho. The Nez Perce Treaties—plural—are also fascinating but I am not going to touch that today! | |||||||||||||||||||||
86 | Engagement Tip | On Doing Land Ack in Washington: It can be tempting in western Washington to use the term "Coast Salish" in your land ack, and elsewhere, but don't forget the exceptions to that generalization above. That will help you not offend Makah, Quileute and Hoh. | |||||||||||||||||||||
87 | WA Facts | In Washington, 22 tribes operate 29 casinos. | |||||||||||||||||||||
88 | Successor in Interest | A term used in the United States v. Washington to mean when a modern federally recognized tribe has essentially absorbed the sovereignty of another tribal group. | |||||||||||||||||||||
89 | Centennial Accord | The Centennial Accord in Washington was signed in 1989 by Governor Booth Gardner and by the leaders of 24 of the then 26 federally recognized tribes in the state. (Though they sometimes attended the Accord meetings, the Yakama and Kalispel tribes declined to sign the Accord, citing that their primary relationship was with the federal government.) Three additional tribes—Snoqualmie (2002), Samish (2002), and Cowlitz (2003) Tribes— later signed the Accord after being federally recognized. Several out-of-state tribes—the Warm Springs, Umatilla and Nez Perce tribes—with treaty reserved rights within Washington State also became parties to the agreement in 2004. (Evergreen Case Studies) The Accord established an annual meeting between the Washington governor and tribal leaders, and provided a platform to share information with the state government about Tribes and their status as independent governments. | |||||||||||||||||||||
90 | Co-Management (Natural Resources) | Co-management refers to the shared responsibility of state agencies and tribes in Washington in managing natural resources. The largest example of this is the co-management by the Washington Department of Fish and Wildlife and WA State tribes in managing the fisheries and hatchery programs in a collaborative effort to recover depleted fishing resources and ensure treaty rights are respected. | |||||||||||||||||||||
91 | Engagement Tip | 102c Engagement Tip Most tribes (might be all but I am not googling that) in Washington State have a natural resources department (or similar). This is not necessarily true for tribes outside of Washington. So you are lucky, you have a place to start conversations! Look up the department on their website and often they will have staff listed. | |||||||||||||||||||||
92 | Engagement Tip | Though starting at a Natural Resources department staff level (or any other department for other types of projects) is great, never forget that getting buy-in from one staff person or even one department does not convey approval from the "tribe" nor does it necessarily count as consulting them! | |||||||||||||||||||||
93 | Usual and Accustomed Areas (U&A) | The Usual & Accustomed Areas (often referred to as U&A) are rough boundaries that describe where a specific tribe has treaty rights they may exercise based on their traditional use of the land (i.e., hunting, fishing, foraging). These boundaries are not always strictly defined and are unique to each tribe, as are the rights that are protected. | In other words you aren't going to find cut and dried "U&A Maps" for each tribe that everyone agrees on! | ||||||||||||||||||||
94 | Pacific Fisheries Management Council (PFMC) | This is a Council that establishes a process to manage fisheries in federal waters from 3 to 200 miles off the coasts of Washington, Oregon, and California. State and tribal representatives sit on the council and its technical committees. | |||||||||||||||||||||
95 | North of Falcon | An annual process running parallel to PFMC that sets salmon fishing seasons for Indians and non-Indians in inland waters such as Puget Sound, Willapa Bay, Grays Harbor, and state rivers. As with the PFMC, state and tribal fisheries experts participate in the North of Falcon process and sit on its technical committees. | |||||||||||||||||||||
96 | Pacific Salmon Treaty | Signed in 1985 by the U.S. and Canada, this established a forum to ensure equitable sharing of harvest benefits and conservation constraints on fisheries in the two countries. Tribes in western Washington participate in the annual Pacific Salmon Commission meetings. | |||||||||||||||||||||
97 | Q & A | Q: If salmon are threatened, why do the tribes net? A: It is important to realize that not all salmon species are on the brink of extinction. Many stocks are quite healthy and can support harvest. Also, many of the salmon that tribes depend on for harvest come from hatcheries. Every year, tribes release around 40 million salmon from hatcheries that contribute to sport, commercial and tribal fisheries. Salmon have sustained tribes for thousands of years. Indian tribes gave up most of what is now western Washington for the continued right to fish, to be able to sustain themselves the way they always have. Tribes depend on salmon spiritually, culturally and economically, and no group is more concerned with protecting and recovering salmon. | |||||||||||||||||||||
98 | Rafeedie Decision (United States v. State of Washington) (aka "US v. Washington) | The Rafeedie Decision (named after the district court judge who heard the matter) reaffirmed the harvesting right of western Washington treaty tribes. Specifically, it ruled that due to the treaties’ “in common” language, the tribes had reserved harvest rights to half of all shellfish from all of the usual and accustomed places, except those places “staked or cultivated” by citizens (or those that were specifically set aside for non-Indian shellfish cultivation purposes). | |||||||||||||||||||||
99 | Open and Unclaimed | Related to tribal hunting, this is a reference to the frequent ruling in federal and state courts that public land is "Open and Unclaimed" unless it is being put to a use that is inconsistent with tribal hunting. Whether land is open and unclaimed depends on its intended purpose. A national park, for example, may not be open and unclaimed if its purpose is the preservation of native wildlife. Private properties may, however, be open and unclaimed if they do not have outward indications of private ownership observable by a reasonable person. | |||||||||||||||||||||
100 | Winters v. United States | A Supreme Court case in 1908 that established most federal Indian water rights. The Court held that when Indian reservations were established, the tribes and the United States implicitly reserved, along with the land, sufficient water to fulfill the purposes of the reservations. (Winters v. United States, 207 U.S. 564 (1908) ["Winters"]) |