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Planning the American Indian Reservation
American Indian reservation planning is one of the most challenging and poorly understood specializations within the American planning profession. Charged with developing a strategy to protect irreplaceable tribal homelands that have been repeatedly diminished over the ages through unjust public policy actions, it is also one of the most imperative. For centuries tribes have faced historical bigotry, political violence, and an unrelenting resistance to self-governance.Aided by a comprehensive reservation planning strategy, tribes can create the community they envisioned for themselves, independent of outside forces. InPlanning the American Indian Reservation, Zaferatos presents a holistic and practical approach to explaining the practice of Native American planning.The book unveils the complex conditions that tribes face by examining the historic, political, legal, and theoretical dimensions of the tribal planning situation in order to elucidate the context within which reservation planning occurs. Drawing on more than thirty years of professional practice, Zaferatos presents several case studies demonstrating how effective tribal planning can alter thenature of the political landscape and help to rebalance the uneven relationships that have been formed between tribal governments and their nontribal political counterparts. Tribal planning's overarching objective is to assist tribes as they transition from passive objects of historical circumstances to principal actors in shaping their future reservation communities.
eBook
Fiduciary duty in the relationship of aboriginal peoples and the Canadian military
This thesis is a legal analysis of the fiduciary duty in the relationship between the Crown and Aboriginal Peoples in Canada as it specifically applies to the exercise of power by the Federal Government for national defence under section 91(7) of the Constitution Act, 1867, the federal power of \"Militia, Military and Naval Service, and Defence,\" and under the royal prerogative. Aboriginal and treaty rights may be infringed by defence activities conducted by the Canadian Forces and by foreign military allies training in Canada. Defence activities usually occur in non-residential areas in Canada and it is these areas that Aboriginal and treaty rights are often exercised by the holders of these rights. In applying the justification test developed in Sparrow to the infringement by defence activities of Aboriginal and treaty rights that are now \"recognized and affirmed\" in subsection 35(1), I submit in the thesis that different legal interests need to be considered in assessing the justification of such activities. An assessment of justification would be made to ensure that the honour of the Crown was upheld and that any necessary infringement was minimized in resolving the conflict of interest. This assessment would be based on a full examination of the conduct of the Crown and of defence officials in the planning and implementation of any defence activity with real or potential impact on section 35 rights. Such an examination would involve considerations such as planning and identification of Aboriginal and treaty rights potentially affected in defence areas; alternative defence activities considered; consultation with Aboriginal Peoples; disclosure of information to Aboriginal Peoples concerning planned defence activities; the record of consideration by defence officials of information provided by affected Aboriginal Peoples; the adequacy of compensation for affected or extinguished rights; completion of other statutory reviews; and proportionality of degree or seriousness of infringement and effort to minimize. (Abstract shortened by UMI.)
Dissertation
Documents of United States Indian Policy. Third Edition
The 238 documents printed in this volume illustrate the history of the United States government and the American Indians from the founding of the nation to the end of the 20th century. They are a collection of official and quasi-official records that marked significant formulations of public policy. The documents, presented in full text or extracts, include federal legislation, court decisions, treaties, and administrative actions. Documents related to education include the Civilization Fund Act, 1819; Indian Commissioner statements on civilizing the Indians and on cooperating with Religious Societies, 1881-82; Use of English in Indian Schools, 1887; Supplemental Report on Indian Education, 1889; Inculcation of Patriotism in Indian Schools, 1889; Indian School Superintendents as Indian Agents, 1893; Indian Commissioner Leupp on Reservation Schools, 1907; Meriam Report, 1928; Report on Indian Education, 1969; Indian Education Act, 1972; Comprehensive Employment and Training Act, 1973; Student Rights and Due Process Procedures, 1974; Indian Self-Determination and Education Assistance Act, 1975; Tribally Controlled Community College Assistance Act, 1978; Education Amendments Act of 1978, Title XI: Indian Education; Indian Child Welfare Act, 1978; Report on BIA Education, 1988; Tribally Controlled Schools Act of 1988; National Museum of the American Indian Act, 1989; American Indian and Alaska Native Education, Executive Order 13096, 1998; and various treaties. (Contains an index, a selected bibliography, and a list of federally recognized Indian tribes as of March 2000.) (SV)
Book
Trust and Survival: AWOL Hunkpapa Indian Family Prisoners of War at Fort Sully, 1890-1891
Two hundred twenty five Hunkpapa Indians fled from the Grand River Camp on the Standing Rock Reservation to the Cheyenne River Reservation to council with Big Foot's band when Sitting Bull was killed on December 15, 1890. These Indian families did not contribute to the number of fatalities at Wounded Knee because they were being held by the U.S. military as prisoners of war (POWs). Although no state of war had been officially declared, their POW status was the result of their surrender to Captain Hurst when he offered them a form of refuge. Hurst presented himself as a friend and asked for the Indians' trust not as a ploy but with integrity and honesty. In such a situation a basis for trust had already been established by Hurst's second lieutenant, Harry C. Hale. Hale's efforts to communicate via any means available, and his timely return with Hurst without a potentially threatening military force laid a foundation for trustworthiness and good faith with the Hunkpapas, who, for their part, awaited his return rather than continuing their search for Spotted Elk's band. In this article, the author recounts the story of the Hunkpapa Indian families who surrendered to Captain Hurst at Forth Sully from 1890-1891. The author then analyzes how Captain Hurst's and Lieutenant Hale's handling of the Indians' situation prevented a massacre on the Cheyenne River Reservation. (Contains 51 notes.)
Journal Article
REMARKS OF KEVIN GOVER, ASSISTANT SECRETARY INDIAN AFFAIRS: ADDRESS TO TRIBAL LEADERS
Assistant Secretary Gover apologizes for the Bureau of Indian Affairs' (BIA) actions in the ethnic cleansing of American Indian tribes and the destruction of Indian cultures. He asserts the agency's moral responsibility of putting things right and proposes that a healing process begin and that the BIA work to reinvent itself as an instrument of Native prosperity. (TD)
Journal Article
The Racial Formation of American Indians: Negotiating Legitimate Identities within Tribal and Federal Law
Tribal and federal definitions that regulate American Indian identity and eligibility for services are varied and inconsistent. Consequently, some people with full Indian blood, no Indian blood, or mixed tribal ancestry have had unexpected outcomes with regard to tribal membership claims and federal legal identity. (TD)
Journal Article
Editorial...on BIA Education
Reviews the recent growth of Bureau of Indian Affairs (BIA) schools and enrollments, the increased tribal control over BIA education, the success of BIA school reform efforts and of tribal colleges, and major facilities problems due to inadequate funding. Suggests that enthusiasm for school improvement is endangered by a political environment that values budget cutting over educational quality. (SV)
Journal Article
Providing for the Health Care Needs of Native Americans: Policy, Programs, Procedures, and Practices
Explores the operation of the Indian health care system, considering five major areas: the prevailing climate and Indian health indicators; federal government responsibility for care; Indian Health Service structures, capacity, and delivery; Indian Health Service resource allocation process; and health care access, eligibility, and rationing. Contains references and a glossary. (SV)
Journal Article
