The United States Census defines American Indian or Alaska Native as “A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment.” These persons are sometimes referred to as native peoples or indigenous persons.
As a general principle, an Indian is a person who is of some degree Indian blood and is recognized as an Indian by a tribe or by the United States. No single federal or tribal criterion establishes a person’s identity as an Indian. Government agencies use differing criteria to determine eligibility for programs and services. Tribes also have varying eligibility criteria for membership.
It is important to distinguish between the ethnological term Indian and the political or legal term Indian. The protections and services provided by the United States for tribal members flow not from an individual’s status as an American Indian in an ethnological sense, but because the person is a member of a tribe recognized by the United States and with which the United States has a special trust relationship. These tribes include Native Americans and Alaska Natives.
Below are answers to some frequently asked questions (provided by the U.S. Bureau of Indian Affairs or BIA) regarding Native Americans and Alaska Natives in the United States:
1. What Are Indian treaty rights?
From 1778 to 1871, the United States’ relations with individual American Indian nations indigenous to what is now the U.S. were defined and conducted largely through the treaty-making process. These “contracts among nations” recognized and established unique sets of rights, benefits, and conditions for the treaty-making tribes who agreed to cede of millions of acres of their homelands to the United States and accept its protection. Like other treaty obligations of the United States, Indian treaties are considered to be “the supreme law of the land,” and they are the foundation upon which federal Indian law and the federal Indian trust relationship is based.
2. What is the legal status of American Indian and Alaska Native tribes?
Article 1, Section 8 of the United States Constitution vests Congress, and by extension the Executive and Judicial branches of our government, with the authority to engage in relations with the tribes, thereby firmly placing tribes within the constitutional fabric of our nation. When the governmental authority of tribes was first challenged in the 1830's, U. S. Supreme Court Chief Justice John Marshall articulated the fundamental principle that has guided the evolution of federal Indian law to the present: that tribes possess a nationhood status and retain inherent powers of self-government.
3. What is the federal Indian trust responsibility?
The federal Indian trust responsibility is a legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian tribes (Seminole Nation v. United States, 1942). This obligation was first discussed by Chief Justice John Marshall in Cherokee Nation v. Georgia (1831).
Over the years, the trust doctrine has been at the center of numerous other Supreme Court cases, thus making it one of the most important principles in federal Indian law.
The federal Indian trust responsibility is also a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes and villages. In several cases discussing the trust responsibility, the Supreme Court has used language suggesting that it entails legal duties, moral obligations, and the fulfillment of understandings and expectations that have arisen over the entire course of the relationship between the United States and the federally recognized tribes.
4. What is a federally recognized tribe?
A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs. Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States. At present, there are 574 federally recognized American Indian and Alaska Native tribes and villages.
5. How is federal recognition status conferred?
Historically, most of today’s federally recognized tribes received federal recognition status through treaties, acts of Congress, presidential executive orders or other federal administrative actions, or federal court decisions.
In 1978, the Interior Department issued regulations governing the Federal Acknowledgment Process (FAP) to handle requests for federal recognition from Indian groups whose character and history varied widely in a uniform manner. These regulations—25 C.F.R. Part 83—were revised in 1994 and are still in effect.
Also in 1994, Congress enacted Public Law 103-454, the Federally Recognized Indian Tribe List Act (108 Stat. 4791, 4792), which formally established three ways in which an Indian group may become federally recognized:
• By Act of Congress,
• By the administrative procedures under 25 C.F.R. Part 83, or
• By decision of a United States court.
But a tribe whose relationship with the United States has been expressly terminated by Congress may not use the Federal Acknowledgment Process. Only Congress can restore federal recognition to a “terminated” tribe.
The Federally Recognized Indian Tribe List Act also requires the Secretary of the Interior to publish annually a list of the federally recognized tribes in the Federal Register.
6. What does tribal sovereignty mean to American Indians and Alaska Natives?
When tribes first encountered Europeans, they were a power to be reckoned with because the combined American Indian and Alaska Native population dominated the North American continent. Their strength in numbers, the control they exerted over the natural resources within and between their territories, and the European practice of establishing relations with countries other than themselves and the recognition of tribal property rights led to tribes being seen by exploring foreign powers as sovereign nations, who treatied with them accordingly.
However, as the foreign powers’ presence expanded and with the establishment and growth of the United States, tribal populations dropped dramatically and tribal sovereignty gradually eroded. While tribal sovereignty is limited today by the United States under treaties, acts of Congress, Executive Orders, federal administrative agreements and court decisions, what remains is nevertheless protected and maintained by the federally recognized tribes against further encroachment by other sovereigns, such as the states. Tribal sovereignty ensures that any decisions about the tribes with regard to their property and citizens are made with their participation and consent.
7. What is a federal Indian reservation?
In the United States there are three types of reserved federal lands: military, public, and Indian. A federal Indian reservation is an area of land reserved for a tribe or tribes under treaty or other agreement with the United States, executive order, or federal statute or administrative action as permanent tribal homelands, and where the federal government holds title to the land in trust on behalf of the tribe.
Approximately 56.2 million acres are held in trust by the United States for various Indian tribes and individuals. There are approximately 326 Indian land areas in the U.S. administered as federal Indian reservations (i.e., reservations, pueblos, rancherias, missions, villages, communities, etc.). The largest is the 16 million-acre Navajo Nation Reservation located in Arizona, New Mexico, and Utah. The smallest is a 1.32-acre parcel in California where the Pit River Tribe’s cemetery is located. Many of the smaller reservations are less than 1,000 acres.
Some reservations are the remnants of a tribe’s original land base. Others were created by the federal government for the resettling of Indian people forcibly relocated from their homelands. Not every federally recognized tribe has a reservation. Federal Indian reservations are generally exempt from state jurisdiction, including taxation, except when Congress specifically authorizes such jurisdiction.
8. Are there any federal Indian reservations in Alaska?
Yes, one. It is the Metlakatla Indian Community of the Annette Island Reserve in southeastern Alaska.
9. Are there any other types of Indian lands?
Yes. Other types of Indian lands are:
• Allotted lands, which are remnants of reservations broken up during the federal allotment period of the late nineteenth and early twentieth centuries. Although the practice of allotting lands had begun in the eighteenth century, it was put to greater use after the Civil War. By 1885, over 11,000 patents had been issued to individual Indians under various treaties and laws. Starting with the General Allotment Act in 1887 (also known as the Dawes Act) until the Indian Reorganization Act of 1934, allotments were conveyed to members of affected tribes and held in trust by the federal government. As allotments were taken out of trust, they became subject to state and local taxation, which resulted in thousands of acres passing out of Indian hands. Today, 10,059,290.74 million acres of individually owned lands are still held in trust for allotees and their heirs.
• Restricted status, also known as restricted fee, where title to the land is held by an individual Indian person or a tribe and which can only be alienated or encumbered by the owner with the approval of the Secretary of the Interior because of limitations contained in the conveyance instrument pursuant to federal law.
• State Indian reservations, which are lands held in trust by a state for an Indian tribe. With state trust lands title is held by the state on behalf of the tribe and the lands are not subject to state property tax. They are subject to state law, however. State trust lands stem from treaties or other agreements between a tribal group and the state government or the colonial government(s) that preceded it.
American Indian and Alaska Native tribes, businesses, and individuals may also own land as private property. In such cases, they are subject to state and local laws, regulations, codes, and taxation.
10. Does the United States still make treaties with Indian tribes?
No. Congress ended treaty-making with Indian tribes in 1871. Since then, relations with Indian groups have been formalized and/or codified by Congressional acts, Executive Orders, and Executive Agreements. Between 1778, when the first treaty was made with the Delawares, to 1871, when Congress ended the treaty-making period, the United States Senate ratified 370 treaties. At least 45 others were negotiated with tribes but were never ratified by the Senate.
The treaties that were made often contain commitments that have either been fulfilled or subsequently superseded by Congressional legislation.
In addition, American Indians and Alaska Natives can access education, health, welfare, and other social service programs available to all citizens, if they are eligible. Even if a tribe does not have a treaty with the United States, or has treaties that were negotiated but not ratified, its members may still receive services from the BIA or other federal programs, if eligible.
The specifics of particular treaties signed by government negotiators with Indian tribes are contained in one volume (Vol. II) of the publication, Indian Affairs, Laws and Treaties: 1778-1883, compiled, annotated, and edited by Charles J. Kappler. Published by the United States Government Printing Office in 1904, it is now out of print, but can be found in most large law libraries and on the Internet at https://dc.library.okstate.edu/digital/collection/kapplers. The treaty volume has also been published privately under the title Indian Treaties: 1778-1883.
Originals of all the treaties are maintained by the National Archives and Records Administration of the General Services Administration. For more information on how to obtain copies or for more information about the treaties visit NARA’s website at www.nara.gov.
11. What is the relationship between the tribes and the United States?
The relationship between federally recognized tribes and the United States is one between sovereigns, i.e., between a government and a government. This “government-to-government” principle, which is grounded in the United States Constitution, has helped to shape the long history of relations between the federal government and these tribal nations.
12. What is the relationship between the tribes and the individual states?
Because the Constitution vested the Legislative Branch with plenary power over Indian Affairs, states have no authority over tribal governments unless expressly authorized by Congress. While federally recognized tribes generally are not subordinate to states, they can have a government-to-government relationship with these other sovereigns, as well.
Furthermore, federally recognized tribes possess both the right and the authority to regulate activities on their lands independently from state government control. They can enact and enforce stricter or more lenient laws and regulations than those of the surrounding or neighboring state(s) wherein they are located. Yet, tribes frequently collaborate and cooperate with states through compacts or other agreements on matters of mutual concern such as environmental protection and law enforcement.
13. What is Public Law 280 and where does it apply?
In 1953, Congress enacted Public Law 83-280 (67 Stat. 588) to grant certain states criminal jurisdiction over American Indians on reservations and to allow civil litigation that had come under tribal or federal court jurisdiction to be handled by state courts. However, the law did not grant states regulatory power over tribes or lands held in trust by the United States; federally guaranteed tribal hunting, trapping, and fishing rights; basic tribal governmental functions such as enrollment and domestic relations; nor the power to impose state taxes. These states also may not regulate matters such as environmental control, land use, gambling, and licenses on federal Indian reservations.
The states required by Public Law 280 to assume civil and criminal jurisdiction over federal Indian lands were Alaska (except the Metlakatla Indian Community on the Annette Island Reserve, which maintains criminal jurisdiction), California, Minnesota (except the Red Lake Reservation), Nebraska, Oregon (except the Warm Springs Reservation), and Wisconsin.
In addition, the federal government gave up all special criminal jurisdiction in these states over Indian offenders and victims. The states that elected to assume full or partial jurisdiction were Arizona (1967), Florida (1961), Idaho (1963, subject to tribal consent), Iowa (1967), Montana (1963), Nevada (1955), North Dakota (1963, subject to tribal consent), South Dakota (1957-1961), Utah (1971), and Washington (1957-1963).
Subsequent acts of Congress, court decisions, and state actions to retrocede jurisdiction back to the Federal Government have muted some of the effects of the 1953 law, and strengthened the tribes’ jurisdiction over civil and criminal matters on their reservations.
14. What are inherent powers of tribal self-government?
Tribes possess all powers of self-government except those relinquished under treaty with the United States, those that Congress has expressly extinguished, and those that federal courts have ruled are subject to existing federal law or are inconsistent with overriding national policies. Tribes, therefore, possess the right to form their own governments; to make and enforce laws, both civil and criminal; to tax; to establish and determine membership (i.e., tribal citizenship); to license and regulate activities within their jurisdiction; to zone; and to exclude persons from tribal lands.
Limitations on inherent tribal powers of self-government are few, but do include the same limitations applicable to states, e.g., neither tribes nor states have the power to make war, engage in foreign relations, or print and issue currency.
15. How do tribal members govern themselves?
For thousands of years, American Indians and Alaska Natives governed themselves through tribal laws, cultural traditions, religious customs, and kinship systems, such as clans and societies. Today, most modern tribal governments are organized democratically, that is, with an elected leadership.
Through their tribal governments, tribal members generally define conditions of membership, regulate domestic relations of members, prescribe rules of inheritance for reservation property not in trust status, levy taxes, regulate property under tribal jurisdiction, control the conduct of members by tribal ordinances, and administer justice. They also continue to utilize their traditional systems of self-government whenever and wherever possible.
16. How are tribal governments organized?
Most federally recognized tribes are organized under the Indian Reorganization Act (IRA) of 1934 (25 U.S.C. 461 et seq.), including a number of Alaska Native villages, which adopted formal governing documents under the provisions of a 1936 amendment to the IRA. The passage in 1971 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601), however, provided for the creation of regional and village corporations under state law to manage the money and lands granted to Alaska Natives by the act. The Oklahoma Indian Welfare Act of 1936 provided for the organization of Indian tribes within the State of Oklahoma.
Many tribes have constitutions, others operate under articles of association or other bodies of law, and some have found a way to combine their traditional systems of government within a modern governmental framework. Some do not operate under any of these acts, but are nevertheless organized under documents approved by the Secretary of the Interior. Contemporary tribal governments are usually, but not always, modeled upon the federal system of the three branches: Legislative, Executive, and Judicial.
The chief executive of a tribe is usually called a chairman, chairwoman or chairperson, but may also be called a principal chief, governor, president, mayor, spokesperson, or representative. The chief executive presides over the tribe’s legislative body and executive branch. In modern tribal government, the chief executive and members of the tribal council or business committee are almost always elected.
A tribe’s legislative body is usually called a tribal council, a village council, or a tribal business committee. It is comprised of tribal members who are elected by eligible tribal voters. In some tribes, the council is comprised of all eligible adult tribal members. Although some tribes require a referendum by their members to enact laws, a tribal council generally acts as any other legislative body in creating laws, authorizing expenditures, appropriating funds, and conducting oversight of activities carried out by the chief executive and tribal government employees. An elected tribal council and chief executive, recognized as such by the Secretary of the Interior, have authority to speak and act for the tribe as a whole, and to represent it in negotiations with federal, state, and local governments.
Furthermore, many tribes have established, or are building, their judicial branch—the tribal court system—to interpret tribal laws and administer justice.
17. What is the jurisdiction of tribal courts?
Generally, tribal courts have civil jurisdiction over Indians and non-Indians who either reside or do business on federal Indian reservations. They also have criminal jurisdiction over violations of tribal laws committed by tribal members residing or doing business on the reservation.
Under 25 C.F.R. Part 115, tribal courts are responsible for appointing guardians, determining competency, awarding child support from Individual Indian Money (IIM) accounts, determining paternity, sanctioning adoptions, marriages, and divorces, making presumptions of death, and adjudicating claims involving trust assets.
There are approximately 225 tribes that contract or compact with the BIA to perform the Secretary’s adjudicatory function and 23 Courts of Indian Offenses (also known as CFR courts) which exercise federal authority. The Indian Tribal Justice Act of 1993 (P.L. 103-176, 107 Stat. 2005) supports tribal courts in becoming, along with federal and state courts, well-established dispensers of justice in Indian Country.
18. What is meant by tribal self-determination and self-governance?
Congress has recognized the right of tribes to have a greater say over the development and implementation of federal programs and policies that directly impact on them and their tribal members. It did so by enacting two major pieces of legislation that together embody the important concepts of tribal self-determination and self-governance: The Indian Self-determination and Education Assistance Act of 1975, as amended (25 U.S.C. 450 et seq.) and the Tribal Self-Governance Act of 1994 (25 U.S.C. 458aa et seq.). Through these laws, Congress accorded tribal governments the authority to administer themselves the programs and services usually administered by the BIA for their tribal members. It also upheld the principle of tribal consultation, whereby the federal government consults with tribes on federal actions, policies, rules or regulations that will directly affect them.
Congress has recognized the right of tribes to have a greater say over the development and implementation of federal programs and policies that directly impact on them and their tribal members. It did so by enacting two major pieces of legislation that together embody the important concepts of tribal self-determination and self-governance: The Indian Self-determination and Education Assistance Act of 1975, as amended (25 U.S.C. 450 et seq.) and the Tribal Self-Governance Act of 1994 (25 U.S.C. 458aa et seq.).
Through these laws, Congress accorded tribal governments the authority to administer themselves the programs and services usually administered by the BIA for their tribal members. It also upheld the principle of tribal consultation, whereby the federal government consults with tribes on federal actions, policies, rules or regulations that will directly affect them.
19. Who is an American Indian or Alaska Native?
As a general rule, an American Indian or Alaska Native person is someone who has blood degree from and is recognized as such by a federally recognized tribe or village (as an enrolled tribal member) and/or the United States. Of course, blood quantum (the degree of American Indian or Alaska Native blood from a federally recognized tribe or village that a person possesses) is not the only means by which a person is considered to be an American Indian or Alaska Native. Other factors, such as a person’s knowledge of his or her tribe’s culture, history, language, religion, familial kinships, and how strongly a person identifies himself or herself as American Indian or Alaska Native, are also important. In fact, there is no single federal or tribal criterion or standard that establishes a person's identity as American Indian or Alaska Native.
There are major differences, however, when the term “American Indian” is used in an ethnological sense versus its use in a political/legal sense. The rights, protections, and services provided by the United States to individual American Indians and Alaska Natives flow not from a person's identity as such in an ethnological sense, but because he or she is a member of a federally recognized tribe. That is, a tribe that has a government-to-government relationship and a special trust relationship with the United States.
These special trust and government-to-government relationships entail certain legally enforceable obligations and responsibilities on the part of the United States to persons who are enrolled members of such tribes. Eligibility requirements for federal services will differ from program to program. Likewise, the eligibility criteria for enrollment (or membership) in a tribe will differ from tribe to tribe.
20. How large is the national American Indian and Alaska native population?
According to the U.S. Bureau of the Census, the estimated population of American Indians and Alaska Natives, including those of more than one race, as of July 1, 2007, was 4.5 million, or 1.5 per cent of the total U.S. population. In the BIA’s 2005 American Indian Population and Labor Force Report, the latest available, the total number of enrolled members of the (then) 561 federally recognized tribes was shown to be less than half the Census number, or 1,978,099.
21. Why are American Indians and Alaska Natives also referred to as Native Americans?
When referring to American Indian or Alaska Native persons, it is still appropriate to use the terms American Indian and Alaska Native. These terms denote the cultural and historical distinctions between persons belonging to the indigenous tribes of the continental United States (American Indians) and the indigenous tribes and villages of Alaska (Alaska Natives, i.e., Eskimos, Aleuts, and Indians). They also refer specifically to persons eligible for benefits and services funded or directly provided by the BIA.
The term Native American came into broad usage in the 1970's as an alternative to American Indian. Since that time, however, it has been gradually expanded within the public lexicon to include all Native peoples of the United States and its trust territories, i.e., American Indians, Alaska Natives, Native Hawaiians, Chamorros, and American Samoans, as well as persons from Canada First Nations and indigenous communities in Mexico and Central and South America who are U.S. residents.
22. Are American Indians and Alaska Natives wards of the Federal Government?
No. The Federal Government is a trustee of Indian property, not a guardian of all American Indians and Alaska Natives. Although the Secretary of the Interior is authorized by law to protect, where necessary, the interests of minors and adult persons deemed incompetent to handle their affairs, this protection does not confer a guardian-ward relationship.
23. Are American Indians and Alaska Natives citizens of the United States?
Yes. As early as 1817, U.S. citizenship had been conferred by special treaty upon specific groups of Indian people. American citizenship was also conveyed by statutes, naturalization proceedings, and by service in the Armed Forces with an honorable discharge in World War I. In 1924, Congress extended American citizenship to all other American Indians born within the territorial limits of the United States. American Indians and Alaska Natives are citizens of the United States and of the individual states, counties, cities, and towns where they reside. They can also become citizens of their tribes or villages as enrolled tribal members.
24. Do American Indians and Alaska Natives have the right to vote?
Yes. American Indians and Alaska Natives have the right to vote just as all other U.S. citizens do. They can vote in presidential, congressional, state and local, and tribal elections, if eligible. And, just as the federal government and state and local governments have the sovereign right to establish voter eligibility criteria, so do tribal governments.
25. Do American Indians and Alaska Natives have the right to hold public office?
Yes. American Indians and Alaska Natives have the same rights as other citizens to hold public office. Over the years, American Indian and Alaska Native men and women have held elected and appointed offices at all levels of federal, state, and local government.
Charles Curtis, a member of the Kaw Tribe of Kansas, served in both houses of Congress before holding the second highest elected office in the nation—that of Vice President of the United States under President Herbert Hoover. American Indians and Alaska Natives also serve in state legislatures, state judicial systems, county and city governments, and on local school boards.
26. Do American Indians and Alaska Natives have special rights different from other citizens?
Any special rights held by federally recognized tribes and their members are generally based on treaties or other agreements between the tribes and the United States. The heavy price American Indians and Alaska Natives paid to retain certain rights of self-government was to relinquish much of their land and resources to the United States. U.S. law protects the inherent rights they did not relinquish. Among those may be hunting and fishing rights and access to sacred sites.
27. Do American Indians and Alaska Natives pay taxes?
Yes. They pay the same taxes as other citizens with the following exceptions:
• Federal income taxes are not levied on income from trust lands held for them by the U.S.
• State income taxes are not paid on income earned on a federal Indian reservation.
• State sales taxes are not paid by Indians on transactions made on a federal Indian reservation.
• Local property taxes are not paid on reservation or trust land.
28. Do laws that apply to non-Indians also apply to Indians?
Yes. As U.S. citizens, American Indians and Alaska Natives are generally subject to federal, state, and local laws. On federal Indian reservations, however, only federal and tribal laws apply to members of the tribe, unless Congress provides otherwise. In federal law, the Assimilative Crimes Act makes any violation of state criminal law a federal offense on reservations. Most tribes now maintain tribal court systems and facilities to detain tribal members convicted of certain offenses within the boundaries of the reservation.
29. Do all American Indians and Alaska Natives speak a single traditional language?
No. American Indians and Alaska Natives come from a multitude of different cultures with diverse languages, and for thousands of years used oral tradition to pass down familial and cultural information among generations of tribal members. Some tribes, even if widely scattered, belong to the same linguistic families. Common means of communicating between tribes allowed trade routes and political alliances to flourish. As contact between Indians and non-Indians grew, so did the necessity of learning of new languages. Even into the 20th century, many American Indians and Alaska Natives were bi- or multilingual from learning to speak their own language and English, French, Russian, or Spanish, or even another tribal language.
It has been reported that at the end of the 15th century over 300 American Indian and Alaska Native languages were spoken. Today, fewer than 200 tribal languages are still viable, with some having been translated into written form. English, however, has become the predominant language in the home, school, and workplace. Those tribes who can still do so are working to preserve their languages and create new speakers from among their tribal populations.
30. Must all American Indians and Alaska Native live on reservations?
No. American Indians and Alaska Natives live and work anywhere in the United States (and the world) just as other citizens do. Many leave their reservations, communities or villages for the same reasons as do other Americans who move to urban centers: to seek education and employment. Over one-half of the total U.S. American Indian and Alaska Native population now live away from their tribal lands. However, most return home to visit relatives; attend family gatherings and celebrations; participate in religious, cultural, or community activities; work for their tribal governments; operate businesses; vote in tribal elections or run for tribal office; retire; or to be buried.
31. Do American Indians and Alaska Natives serve in the Armed Forces?
Yes. American Indians and Alaska Natives have a long and distinguished history of serving in our nation’s Armed Forces.
During the Civil War, American Indians served on both sides of the conflict. Among the most well-known are Brigadier General Ely S. Parker (Seneca), an aide to Union General Ulysses S. Grant who recorded the terms of Confederate General Robert E. Lee’s surrender at Appomattox Courthouse in Virginia that ended the war, and Brigadier General Stand Watie (Cherokee), the last of the Confederate generals to cease fighting after the surrender was concluded. American Indians also fought with Theodore Roosevelt in the Spanish-American War.
During World War I over 8,000 American Indian soldiers, of whom 6,000 were volunteers, served. Their patriotism moved Congress to pass the Indian Citizenship Act of 1924.
In World War II, 25,000 American Indian and Alaska Native men and women fought on all fronts in Europe and the South Pacific earning, collectively, at least 71 Air Medals, 51 Silver Stars, 47 Bronze Stars, 34 Distinguished Flying Crosses, and two Congressional Medals of Honor. Alaska Natives also served in the Alaska Territorial Guard.
Starting in World War I and again in World War II, the U.S. military employed a number of American Indian servicemen to use their tribal languages as a military code that could not be broken by the enemy. These “code talkers” came from many different tribes, including Chippewa, Choctaw, Creek, Crow, Comanche, Hopi, Navajo, Seminole, and Sioux. During World War II, the Navajos constituted the largest component within that elite group.
In the Korean Conflict, one Congressional Medal of Honor was awarded to an American Indian serviceman.
In the Vietnam War, 41,500 Indian service personnel served.
In 1990, prior to Operation Desert Storm, some 24,000 Indian men and women were in the military. Approximately 3,000 served in the Persian Gulf with three among those killed in action.
American Indian service personnel have also served in Afghanistan (Operation Enduring Freedom) and in Iraq (Operation Iraqi Freedom).
While American Indians and Alaska Natives have the same obligations for military service as other U.S. citizens, many tribes have a strong military tradition within their cultures, and veterans are considered to be among their most honored members.
In Texas, as in other states, American Indian or Alaska Native identity is recognized based on origins in the original peoples of the Americas and maintaining tribal or community ties. Federally recognized tribes enjoy a special government-to-government relationship with the United States, which includes self-governance rights, treaty rights that are legally binding, and access to federal services. The U.S. has a trust responsibility to protect tribal rights and assets. Federal recognition of tribes can be obtained through Congress, administrative actions, or court decisions. Tribal sovereignty allows tribes to govern themselves and control their lands and people. While the U.S. no longer creates treaties with tribes, it engages with them through Congressional acts and agreements. In Texas, Public Law 280 does not apply, meaning the state does not have jurisdiction over criminal and civil matters on reservations; these are handled by tribal courts. Tribes can manage their own programs and services under self-determination and self-governance laws. American Indians and Alaska Natives are U.S. citizens, can participate in U.S. and tribal elections, and are subject to U.S. laws with certain reservation-based exceptions. They also have efforts to preserve indigenous languages and a history of military service. It's important to note that while American Indians and Alaska Natives can live anywhere, their special treaty-based rights and the trust relationship with the U.S. government are significant aspects of their legal status.
