However, because the Aquinnah Wampanoag are federally recognized, AQUINNAH on Martha's Vineyard Island is sometimes considered a reservation. In effect it is, but they are subject to state and local laws (through their settlement agreement).
Showing posts with label Definitions. Show all posts
Showing posts with label Definitions. Show all posts
Tuesday, August 28, 2007
Massachusetts Reserves
As of 2007, the only officially listed reservation in Massachusetts is The HASSANAMISCO RESERVATION in Grafton (4 1/2 acres).
However, because the Aquinnah Wampanoag are federally recognized, AQUINNAH on Martha's Vineyard Island is sometimes considered a reservation. In effect it is, but they are subject to state and local laws (through their settlement agreement).
However, because the Aquinnah Wampanoag are federally recognized, AQUINNAH on Martha's Vineyard Island is sometimes considered a reservation. In effect it is, but they are subject to state and local laws (through their settlement agreement).
Federal Recognition
Criteria summarized below (with my comments):
A group of Indians must have been identified as a group or community by people outside the tribe from 1900 to the present.
The petitioning entity must demonstrate it has maintained a continuous community from the time the tribe first had contact with non-Indians.
The petitioning group must demonstrate there are and have been leaders within the tribe who, over time, have influenced the behavior of other members. For example, leaders who resolved conflicts or helped decide an Indian building should be restored.
The petitioning group must submit a copy of its governing document, or, if it does not have one, a statement describing tribal membership criteria and the membership application process.
The petitioning entity must show that its current members are descendants of historic tribes or tribes that joined together as one political group.
The petitioning group must demonstrate that the majority of its members do not belong to another federally-recognized tribe. In 1954, the Termination and Relocation Act of 1954 arbitrarily erased 61 tribes.
The petitioning group must prove that it has never been terminated by legislation.
Please read the last two requirements again…
A group of Indians must have been identified as a group or community by people outside the tribe from 1900 to the present.
The petitioning entity must demonstrate it has maintained a continuous community from the time the tribe first had contact with non-Indians.
The petitioning group must demonstrate there are and have been leaders within the tribe who, over time, have influenced the behavior of other members. For example, leaders who resolved conflicts or helped decide an Indian building should be restored.
The petitioning group must submit a copy of its governing document, or, if it does not have one, a statement describing tribal membership criteria and the membership application process.
The petitioning entity must show that its current members are descendants of historic tribes or tribes that joined together as one political group.
The petitioning group must demonstrate that the majority of its members do not belong to another federally-recognized tribe. In 1954, the Termination and Relocation Act of 1954 arbitrarily erased 61 tribes.
The petitioning group must prove that it has never been terminated by legislation.
Please read the last two requirements again…
Thursday, August 23, 2007
Definitions
Definitions and My Comments
The following definitions are taken from the INDIAN & NORTHERN AFFAIRS DOCUMENT: Treaties with Aboriginal People in Canada.
Aboriginal Peoples: The descendants of the original inhabitants of North America. The Canadian Constitution recognizes three groups of Aboriginal people — Indians, Métis people and Inuit. These are three separate peoples with unique heritages, languages, cultural practices and spiritual beliefs.
First Nation: A term that came into common usage in the 1970s to replace the word “Indian,” which many people found offensive. Although the term First Nation is widely used, no legal definition of it exists. Among its uses, the term “First Nations peoples” refers to the Indian people in Canada, both Status and Non-Status. Many Indian people have also adopted the term “First Nation” to replace the word “band” in the name of their community.
Aboriginal Rights: Rights that some Aboriginal peoples of Canada hold as a result of their ancestors’ longstanding use and occupancy of the land. The rights of certain Aboriginal peoples to hunt, trap, and fish on ancestral lands are examples of Aboriginal rights. Aboriginal rights will vary from group to group depending on the customs, practices and traditions that have formed part of their distinctive cultures.
National Aboriginal Day: In cooperation with the national Aboriginal organizations, the Government of Canada decided that the best date to celebrate this day is June 21, the day of the summer solstice and the longest day of the year. ..."Canada is proud to set aside a day of celebration in recognition of the unique accomplishments of the Aboriginal people and their contribution to the building of Canada.
UNITED STATES FEDERAL DEFINITIONS:
Indian: "Any person who has the certifiable Indian blood quantum to meet the enrollment requirements of a federally-recognized tribe.” One problem this creates is that Native Americans can be “full-blood” composites (hyphenated tribes/Nations), but not meet the minimum requirements of any one of their respective tribes/Nations.
Federally Recognized Tribe: Any Indian tribe, band, nation, rancheria, pueblo, colony or community which is recognized by the United States government as eligible for the special programs and services provided by the Secretary of the Interior to Indians because of their status as Indians. In 1954, the Termination and Relocation Act of 1954 arbitrarily erased 61 tribes.
A Federally-Recognized Indian Reservation: An area of land held in trust by the federal government reserved for Indian use. Massachusetts has ONE reserve. Who has the power to define who is Native American? Who SHOULD? More on Federal Recognition
Tribal Sovereignty
As outlined in The Rights of Indians and Tribes, sovereignty for tribes entails the right to:
The following definitions are taken from the INDIAN & NORTHERN AFFAIRS DOCUMENT: Treaties with Aboriginal People in Canada.
Aboriginal Peoples: The descendants of the original inhabitants of North America. The Canadian Constitution recognizes three groups of Aboriginal people — Indians, Métis people and Inuit. These are three separate peoples with unique heritages, languages, cultural practices and spiritual beliefs.
First Nation: A term that came into common usage in the 1970s to replace the word “Indian,” which many people found offensive. Although the term First Nation is widely used, no legal definition of it exists. Among its uses, the term “First Nations peoples” refers to the Indian people in Canada, both Status and Non-Status. Many Indian people have also adopted the term “First Nation” to replace the word “band” in the name of their community.
Aboriginal Rights: Rights that some Aboriginal peoples of Canada hold as a result of their ancestors’ longstanding use and occupancy of the land. The rights of certain Aboriginal peoples to hunt, trap, and fish on ancestral lands are examples of Aboriginal rights. Aboriginal rights will vary from group to group depending on the customs, practices and traditions that have formed part of their distinctive cultures.
National Aboriginal Day: In cooperation with the national Aboriginal organizations, the Government of Canada decided that the best date to celebrate this day is June 21, the day of the summer solstice and the longest day of the year. ..."Canada is proud to set aside a day of celebration in recognition of the unique accomplishments of the Aboriginal people and their contribution to the building of Canada.
UNITED STATES FEDERAL DEFINITIONS:
Indian: "Any person who has the certifiable Indian blood quantum to meet the enrollment requirements of a federally-recognized tribe.” One problem this creates is that Native Americans can be “full-blood” composites (hyphenated tribes/Nations), but not meet the minimum requirements of any one of their respective tribes/Nations.
Federally Recognized Tribe: Any Indian tribe, band, nation, rancheria, pueblo, colony or community which is recognized by the United States government as eligible for the special programs and services provided by the Secretary of the Interior to Indians because of their status as Indians. In 1954, the Termination and Relocation Act of 1954 arbitrarily erased 61 tribes.
A Federally-Recognized Indian Reservation: An area of land held in trust by the federal government reserved for Indian use. Massachusetts has ONE reserve. Who has the power to define who is Native American? Who SHOULD? More on Federal Recognition
Tribal Sovereignty
As outlined in The Rights of Indians and Tribes, sovereignty for tribes entails the right to:
- Form tribal governments
- Determine tribal membership
- Regulate tribal and individual property
- Assess taxes
- Establish law enforcement systems
- Regulate domestic relations
- Regulate commerce and trade
- Exclude nonmembers from tribal territory
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