Climbing Out Of Obscurity

Written by Wayne Hemrick

                 It is an old story that has been told from the beginnings of first contact with

white europeans but remains a fresh wound that wont heal and a current struggle. If we

put you out of sight and mind maybe you will disappear? It seems that most white

settlers, affluent land owners, politicians, and business men felt this was, and to some  

respects still is, a great way to handle the indigenous people “problem”. The United

States and private Individuals have taken, swindled, and ignored Native Tribes land

rights for years. Intertwined with this is the control of tribal lands and resources by

federally recognizing or not federally recognizing a tribe. What makes this worse is the

spiritual connection that tribes have with the land; which to many, is more important

than any natural resource that can be harvested from the land. To the Native Indians,

they and the land are one and the same. It is a spiritual attack and well as a legal one.

It is important to note, that this isn’t about wether the tribes would use the Natural

resources it has on its lands or even the sale of lands; it’s about the choice to do so if

they wanted. It is also about the ability to protect those resources just as much as the

ability to utilize them.

              Let’s tackle the first point, lack of Federally recognized tribes or loss of that

recognition. Recognition plays a major role in a tribes growth or death; especially when

pertaining to the rules and regulations regarding what tribes can do with their land and

the resources on that land. Federally recognized tribes have years of regulations and

laws to help them when a culturally important area, or natural resource is threatened;

but unfortunately, there is little to nothing a non-federally recognized tribe can do.

“Nothing else that Congress can do causes tribal members to lose more of their rights than

termination. Termination is the ultimate weapon of Congress and ultimate fear of tribes. Despite

its drastic effect, the Supreme Court has held that Congress has the power under the  

Commerce Clause to terminate a tribe.”1 Lack of being federally recognized or termination of

that title, leads to basically a free for all with little to no avenues for defense of a tribes land

or resources. In 1953, House Concurrent Resolution 108 was passed and this meant

that tribes lost rights to lands, services, and funding. Another act that was passed was the

Indian Relocation Act of 1956. It was basically an attempt to help assimilate Indians, a sort of

passive termination and assimilation plan. It encouraged Indians to leave the reservation for  

a chance to truly own the land.  

 

            The second point that intertwines with tribal recognition is land ownership which

includes rights to natural resources. The idea or premise by which the United States

manages Native American lands stems from the old and incorrect idea that the

government knows better how to manage their land than the Indians do. It was also a

way to control them or limit them to the reservation. Reservation land cannot be owned

or sold and is held in a trust for Indians by the United States. If you can’t own the land

or sell the land then you cant have any equity or value in the land. It also restricts what

can be done with the land. “All development projects on Indian land must be reviewed

and authorized by the government, a process that is notoriously slow and

burdensome”.2 It reminds me of living in a housing addition with a Home Owners  

Association. You are told you own the land by all normal standards but have to follow

so many regulations and jump through so many hoops that it becomes almost more

trouble than its worth to do anything with the land.

            An example of what happens when you don’t have federal recognition or truly

own the land involves the Winnemem Wintu Tribe. The “125-member tribe in Northern

California has called the McCloud River home for millennia, but saw its lands taken by

the federal government in the 1940s when Shasta Dam was constructed. Many of the

tribe’s village, burial and cultural sites soon disappeared under the reservoir’s rising

waters”.3 Unfortunately, currently they are considering allowing the water to rise even  

higher which will threaten remaining sacred areas of land. The tribe cant simply pick up

the area and relocate because the area is a part of who they are. It will not only impact

the current tribal members but the spiritual connections of members for all future

generations.

                   Let's be honest, this is an issue because its about money and resources. It

comes down to what someone has and who wants it. Unfortunately, those on the

opposite side of the government seldom come out on top. I feel that personal

ownership and property rights are the key to the future of tribes. The ability for each

individual in the tribe to have personal ownership of the land is a right every settler of

the United States was here for in the first place. It would allow tribal members to own

their own and to be able to draw equity on that land, adding to the overall wealth of

each individual tribal member. It also would allow stewardship of the land, allowing for

scared and spiritual sites to be honored and controlled by the tribe and its individual

members. The key to keeping tribes growing and protecting their cultural heritage is

through true ownership of the land; as well as ensuring that tribal interests are

represented in the congress and our political system. I think that it is also important to

have as many tribal elders involved with making the decisions, involved in the BIA, and

setting the criteria for who is granted recognition by the Untied States Government.

 

 

 

 

Sources

1. Pevar, Stephen L. The Rights of Indians and Tribes: the Basic ACLU Guide to

Indian and Tribal Rights. Southern Illinois University Press, 1992.

2. Flows, Capital. “5 Ways The Government Keeps Native Americans In Poverty.”

Forbes, Forbes Magazine, 13 Mar. 2014, www.forbes.com/sites/realspin/

2014/03/13/5-ways-the-government-keeps-native-americans-in-poverty/

#4757e49b2c27. 

3. Krol , Debra Utacia. “The Revelator: Tribes without Recognition Struggle toProtect Their Heritage.” Indianz, 2019, www.indianz.com/News/2019/03/12/therevelator- tribes-without-recognition.asp