Defining Race and Ethnicity

Current issue between Native Americans and the federal government.

A current issue that still needs to be addressed by both parties is the clarification of the Indian Recognition Act of 1934. (IRA) Previous to IRA between the years of 1887 and 1934, the U.S. Government took over 90 million acres, nearly 2/3 of reservation lands, from the tribes without compensation and gave it to settlers. (Unknown, 2009) The issue comes from a decision in February of 2009 where the Supreme Court had made a decision about a case in Carcieri vs Salazar, which has now created confusion between both parties. In the case the Supreme Court overturned a longstanding interpretation and held that the phrase "now under Federal jurisdiction" limits the Department of Interior's authority to provide benefits under the IRA to only those Indian tribes "under federal jurisdiction" on June 8, 1934. (Dossett, 2009) Previous to 1934, Congress had policies set in place that were intended to destroy Indian tribes but with the IRA tribes were now in favor of revitalization of their governments, culture and land.

Identify the legislation that you think is linked to the issue, and explain why you think there is a connection.

It is quite clear as to the parties involved in this issue; it is the Native American Indian tribes, and Congress. As Congress is the party that lays down the law so to speak. Without any action from Congress it could lead to disorder in the development of their (Indian) economy, loans, land development, public safety and the jurisdictions that are currently set in place. As the IRA is a comprehensive federal law that provides not only the authority of the Secretary to restore tribal lands, but also for the establishment of tribal constitutions and tribal business structures. (Dossett, 2009) The IRA's purpose and reasoning for existence is to restore tribal communities and build up economic growth.