Final Exam: Indigenous history

trust relationship

obligation of federal government to protect self-government, land preservation & property

Native regional corporation models

1\.  Turning rights of land over to native corporations in exchange for statehood & money

2\. Retaining rights & culture

How is Savoonga in a better position than Shaktoolik to adapt to Climate Change because of their land claims?

Shaktoolik can’t necessarily just move because they need state approval and funding. Savoonga can.

Treaty era (1778-1820)

defined relation of natives to government

Trade and intercourse act (1790)

defined Indian and non-Indian as different people

Article I constitution

congress has power to regulate commerce with states/tribes & power to make rules in captured land/water (managing affairs

Article II constitution

president may make treaties with tribes

Article VI constitution

treaties are the supreme law of the land

How do articles II & VI of the constitution impact climate change adaptation?

what tribes can do is dictated by the federal government, not states – there is no federal adaptation agency

Removal Era (1820-1850)

removal for western expansion - Supreme Court decisions

Johnson v. McIntosh (1823)

Native people cannot sell their land, must manage through congress discovery doctrine says there were no people here

Cherokee Nation v. Georgia (1831)

“Nations within a nation” Trust responsibility: healthcare, education, rights upheld, payments

How does the trust responsibility impact adaptation

the government never upholds the social services promised

Worcester v Georgia (1832)

-       Reaffirming quasisovereign rights of tribes & recognized many treaties were violated -       Treaties must be interpreted in favor of tribes as tribes understand them

Reservation Era (1850-1887)

dependency on government deepened

The Allotment Era (1887-1934)

purging of culture through integration

1942 Indian citizenship Act

more vulnerable -  decreased resiliency because loss of indigenous knowledge & identity

Self-Government era (1934-1953)

New Deal- economic resilience & social transformation

1934 Indian Reorganization Act

tribal council formation

Termination Era (1953-1968)

Full cultural assimilation

Self-determination era (1968-present)

native pride - relearn old ways

1971 Alaska Native Claims Settlement Act (ANCSA)

Divided 2.4 billion acres of Alaska to federal, state, and tribes. Difference between access and ownership

1980 Alaska National Interest Lands Conservation Act (ANILCA)

Subsistence rights & grants natives access to public lands with shared management with the government

1990 Native Americans Graves Protection & Reparation Act

Human remains stolen from Alaska must be returned