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HomeMy WebLinkAbout12 06 2021 PL Presentation-Federal Indian Policy-Tribal Soverignty (002)Tribal Sovereignty Presentation to Prior Lake City Council December 6, 2021 1 My name is Rebecca Crooks-Stratton. I am the Secretary/Treasurer and a tribal member of the Shakopee Mdewakanton Sioux Community. The SMSC is a federally recognized, sovereign Native American tribe here in Scott County. We are a community of Mdewakanton Dakota people whose ancestors lived in the region near Shakopee for centuries. Our tribe existed before the formation of the United States. My grandfather Norman M. Crooks was our tribe’s first Chairman. [Explain what was happening in the photo; why you keep it on your desk today.] Some of my earliest education on the topic of sovereignty wasn’t in a classroom or in a book, but was because of overheard conversations, sitting under our kitchen table. I remember when… [tell the story about your family gatherings and mention that, with the SMSC’s recognition as a tribe beginning in 1969, you were privy to hearing some of the most fundamental discussions relating to how the SMSC should structure and run its government.] 2 11 Indian Tribal Governments in Minnesota There are a total of 11 federally recognized tribes here in Minnesota. As sovereign nations, these 11 tribes maintain government-to-government relationships with federal, state, and local levels of government. 3 Federally Recognized Indian Tribes in the U.S. 574 tribes: 345 tribes in lower 48 states 229 tribes in Alaska Across the United States, there are nearly 600 sovereign tribal nations. Each tribe has its own unique history, culture, and government structure. 4 Sovereignty: The right of a people to determine their own destiny and governance. Today we are here to talk about tribal sovereignty and why it is so important. Sovereignty is the right of a people to determine their own destiny and governance. Tribal sovereignty means that tribes have an inherent authority to govern themselves. Prior to European contact, Indigenous people were thriving Robust economies Extensive trade networks Sophisticated infrastructure IN order to do all that they also had to have sophisticated government structure that created societal order From first contact Tribes were dealt with as sovereigns 5 “The Congress shall have the power to…regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” – Article I, Section 8, United States Constitution As I mentioned earlier, the SMSC and other tribes existed as tribal nations before the formation of the United States. The early drafters of the American constitution acknowledged that Tribes are governments The U.S. Constitution affirms tribes’ status as sovereign nations. 6 Three types of sovereign governments in the U.S. There are three types of sovereign governments in the United States: the federal government, state governments, and tribal governments. This is why tribes have a direct government-to-government relationship with federal and state governments. 7 SMSC Business Council and a City Council: A comparison SMSC Business Council Enforce ordinances adopted by tribal membership or General Council Establish government and Community policies Hire government and enterprise staff, leadership, and employees Manage tribal financial operations Conduct all other tribal business, including philanthropic giving Oversee tribal non-gaming operations and departments Oversee tribal government planning and enactment of ordinances Manage and protect tribal lands and facilities City Council Adopt and enforce ordinances Establish public and administrative policies Appoint the city manager Create boards and commissions Manage city's financial operations Conduct all other city business as required by law Tribal governments often work with local governments, but their roles are different. For instance, here’s a comparison of the roles and duties for the SMSC’s Business Council compared to a City Council. As members of the Business Council, we are responsible for all government and enterprise staff, oversee tribal non-gaming operations and departments, help protect tribal land, and other unique capabilities. Each tribe has its own unique government structure – so the SMSC’s system is different than Mille Lacs which is different than Prairie Island. The structure of a tribal government was decided by its people – and that’s because of our tribal sovereignty. 8 Federal Indian Policy Tribal Independence (pre-contact - 1787) Agreements Between Equals (1787-1828) Relocation of the Indians (1828-1887) Allotment and Assimilation (1887-1934) Reorganization (1934-1953) Termination (1953-1968) Tribal Self-Determination (1968-present) There are seven generally accepted policy eras in regards to Federal/Indian relations Tribal Nations have a yoyo type relationship with the federal government. 9 Removal (1800-1870) 1830: Indian Removal Act Legislation authorizing President Jackson to transfer Eastern Native American tribes to territory west of the Mississippi River. 1830s: Trail of Tears The forced relocation of Eastern tribes to the west, during which time an estimated 15,000 people died. 1863: Dakota Exile Following the U.S. Dakota War of 1862, all but a few protected groups of Dakota were exiled from Minnesota. The 1800s marked a period of Native American removal by the United States government, as more and more settlers flooded regions in the East and West. [Highlight key takeaways and impacts from these policies.] IMAGE: Dakota Internment Camp at Fort Snelling in 1862. 10 Removal (1800-1870) 1823: Johnson v. M’Intosh Established that federal government had the sole right of negotiation with Native American nations. 1831: Cherokee Nation v. Georgia Likened Native American tribes to dependent nations with a ward/guardian relationship with the U.S. 1832: Worcester v. Georgia Established that state law is generally not applicable on Native American lands. The Marshall Trilogy During this period, there were also three Supreme Court decisions that affirmed the legal and political standing of tribes. These are referred to as the Marshall Trilogy. [Highlight key takeaways and impacts from these legal decisions.] Johnson – Land Case. Established that the federal government owns the land and grants the right to occupy. The Federal Gov’t has the sole authority to negotiate with Indian Tribes Cherokee Nation - This case established the trust relationship 11 Reservation (1850-1890) In 1851, Congress passed the Indian Appropriations Act. This created the Indian reservation system and forced Native peoples to move tribes onto reservations that restricted their ability to hunt, fish, and gather traditional foods. These lands are significantly concentrated and diminished when compared to our broader homelands. IMAGE: Ojibwe people on the White Earth reservation. 12 Allotment and assimilation (1870-1930) 1871: End of treaty making Congress asserts unilateral authority over Native American tribes. 1879: Rise of boarding schools Native children are required by Congress to attend government-run boarding schools, where they are severed from their family, community, culture, and language. The next period became known as the “allotment and assimilation period,” because the main goal of the U.S. government was to strip Native peoples from their cultures and force them into mainstream American society. [Highlight key takeaways and impacts from these policies.] IMAGE: an American Indian boarding school in Beaulieu, Minnesota. 13 Allotment and assimilation (1870-1930) 1883: Ex Parte Crow Dog Ruled that federal courts didn’t have jurisdiction over crimes committed by one Native American against another. 1885: Major Crimes Act Asserted federal criminal jurisdiction in Indian Country. 1886: U.S. v. Kagama Affirmed congressional authority in Indian Country. 1887: Dawes General Allotment Act Authorized the president to survey Native land and divide it into allotments – two-thirds of reservation land is lost. [Highlight key takeaways and impacts from these policies.] IMAGE: An ad offering “allotted Indian land” for sale in 1911. Allotment was another US Land grab that removed even more land from Indian people. Blood quantum comes into the picture Blood quantum is another genocidal tactic xz3 14 Allotment and assimilation (1870-1930) 1889: Nelson Act Called for the relocation of all Anishinaabe people in Minnesota to the White Earth reservation. 1903: Lone Wolf v. Hitchcock Asserted that Congress has the right to alter treaties through legislation because it has inherent plenary power. 1924: Indian Citizenship Act Conferred U.S. citizenship on all Native Americans born within the country. [Highlight key takeaways and impacts from these policies.] IMAGE: U.S. President Calvin Coolidge standing with four Osage Indians at a White House ceremony for the passage of the Indian Citizenship Act. 15 Reorganization (1930-1950) 1928: Meriam Report An 847-page summary of conditions on Native American reservations and boarding schools that was critical of the General Allotment Act and its effect on tribes. 1934: Indian Reorganization Act Provided government subsidies to tribes that enacted constitutions similar to that of the U.S. Then in 1928, the Institute for Government Research commissioned the Meriam Report…. [Highlight key takeaways and impacts from these policies.] IMAGE: Photo of the Meriam Report cover. 16 Trust land Land that the U.S. government has taken ownership over specifically for a tribe Purpose is to restore lands that were historically taken from or lost by tribes, and to permanently protect those lands from similar loss Brings land into the governmental control of the tribe As a result of the Indian Reorganization Act, the trust land process was created. Trust land is land that the U.S. government has taken ownership over specifically for a tribe. The purpose is to restore lands that were historically taken from or lost by tribes, and to permanently protect those lands from similar loss. This brings the land into the governmental control of the tribe. Like other cities and states, the tribe is then responsible for government services and infrastructure on the land, such as water and sewer systems, parks, and roads. 17 Termination (1940-1970) 1953: Termination Resolution 108 Abolished federal supervision over tribes, eliminating federal recognition of more than 100 tribes. 1953: Public Law 280 Granted state jurisdiction over civil and criminal offenses in several states, including Minnesota. 1956: Indian Relocation Act Sought to encourage Native Americans to leave reservations and assimilate. 1968: Indian Civil Rights Act Made many of the same guarantees as the Bill of Rights. In the 1940s, the U.S. then pursued a policy of Indian Termination, again seeking to relocate and assimilate Native Americans into mainstream American society. [Highlight key takeaways and impacts from these policies.] IMAGE: U.S. President Johnson signing the Indian Civil Rights Act of 1968. 18 Self-Determination (1970-Present) 1975: Indian Self-Determination and Education Assistance Act Allowed tribes to enter into contracts with the U.S. government for federal services. 1978: Tribally controlled Community College Act Attempted to provide resources to tribes to establish or improve tribal colleges. 1978: Indian Religious Freedom Act Asserted the rights of Native Americans to practice traditional religious and cultural rites. 1990: Native American Graves Repatriation Act Addressed the rights of Native Americans to cultural items, including human remains, funerary objects, and items of sacred value. After a long history of damaging policies, the U.S. government began making more strides in the 1970s. [Highlight key takeaways and impacts from these policies.] IMAGE: U.S. President Nixon ends the termination policy and calls for a new era of self-determination in 1970. 19 Economic development Tribes have experienced tremendous economic development in recent years, thanks in part to federal Indian gaming law. 20 Pre-Indian gaming More than 100 years of poverty and neglect Limited or no access to quality health care, housing, and education Before gaming was allowed, Native communities were largely impoverished after more than a century of neglect and harmful federal policies. Reservations had limited to no access to critical services like health care, housing, and education. IMAGES: Photos of typical houses on the Mille Lacs Reservation in the 1980s. 21 Indian gaming law 1988: Indian Gaming Regulatory Act Established the National Indian Gaming Commission and regulatory structure for Indian gaming. In 1987, the California v. Cabazon court case overturned laws restricting gambling on Native American reservations. The next year, Congress passed the Indian Gaming Regulatory Act that established a regulatory structure for Indian gaming. This economic development tool has helped tribes grow their economies and provide more services and infrastructure for their members. IMAGE: Little Six Bingo became Little Six Casino 22 Tribal-state relations and agreements 23 Mutual aid agreements Many tribes – like the SMSC – partner with neighboring governments through mutual aid agreements As sovereign nations, many tribes maintain their own full-time, professional police departments, while also partnering with neighboring cities and governments through mutual aid agreements. These partnerships ensure that state and tribal laws are enforced in a coordinated, consistent manner. The SMSC’s Mdewakanton Public safety makes 2,000 calls each year for its own Community and enterprises, as well as in neighboring cities like Prior Lake. 24 Environmental programs Hunting and fishing management programs Environmental impact studies Conservation co-management Tribes also operate many environmental programs that preserve and restore nature and conserve energy. At the SMSC, caring for the environment is incredibly important to our values and heritage. The Dakota people have a longstanding tradition of planning seven generations ahead. Here in Scott County, we lead efforts to restore prairies, forests, wetlands, and other areas to their natural state. We also have our own water supply, which reduces the pressure on neighboring supplies and is available as a backup for local governments. 25 Joint powers agreements Tribes contribute to regional infrastructure through joint powers agreements While tribes in Minnesota maintain their own infrastructure, they also contribute to mutually beneficial regional infrastructure by entering into joint powers agreements with local governments on shared priorities such as road projects, water and sewer systems, and natural resources. The SMSC and the City of Prior Lake partnered together to create the joint water treatment facility that serves both communities. IMAGE: Opening of the joint water treatment facility in 2019. 26 Tribal governments: Determine their own governance structure Enforce laws through tribal courts and police departments Determine citizenship Develop and maintain infrastructure and housing Preserve their culture and provide education Manage natural resources Provide human services and health care Interact with other governments In summary, tribal sovereignty means that tribes are sovereign nations with the inherent authority to govern themselves. This sovereignty and the right of tribes to self-governance is essential for tribes to continue their cultures and identities. 27 Questions? 28