...Regulation: As the proposed rule updates the provisions of existing regulation, changes are as follows: 1. 45 CFR part 1206, which deals with project suspension and termination, is moved to 45 CFR part 2556, subpart B with most substantive provisions remaining unchanged. Under the proposed rule the provisions for suspension remain unchanged, except that the provisions for summary suspension are eliminated and the provisions for suspension on notice are retained. This has the effect of giving notice to sponsors for all suspensions. Under the proposed rule the provisions for termination remain unchanged,except that a second CNCS review has been eliminated. Experience has shown that a lengthy termination review process is not beneficial to VISTAs at the project in question, unduly consumes the sponsor's staff time and other resources, creates uncertainty for project beneficiaries, and exhausts VISTA resources that could be put to use for the benefit of project beneficiaries. 2. 45 CFR part 1210, which deals chiefly with early termination of a VISTA, is moved to 45 CFR part 2556, subpart E and changed to improve the cost-effectiveness of the provisions and increase efficiency of VISTA program functions. The new provisions for early termination remain substantively the same in many respects. However, the early termination for cause process is modified. While the process retains more than sufficient due process in the form of written notification and appeals at two levels...
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...enforceable by the courts, regulating the government of a state, the relationship between the organs of government and the subjects of the state, and the relationship or conduct of subjects towards each other. The term “LAW” for Anglo-American society “means the way in which societies express who they are and the ways of life they value as a people” (Justin B. Richland, 2010). Law for one tribal nation is often different than what law looks like in another (Richland p8). The Indian Civil Rights Act 1968 provided a Bill of Rights to Indians in their relations with the tribal governments. It authorizes a model code for tribal courts for Indian offenses and requires Indian consent, by states of jurisdiction over Indian territory. | | | III. What is a tribal legal system? Please provide examples. The tribal legal system is made up of the norms, structures, and practices of the tribe. Norms are the values and beliefs held by the community about the proper and improper ways to act toward other people, places, and things (Richland 2010 p4). There are two kinds of norms, substantive and procedural. The substantive norms are the ways we decide how to handle a dispute or wrongdoing (i.e. Do not steal, Do not murder). The procedural norms are the rules we follow when handling a dispute (a lawyer may not talk to the jury). Structures are the roles played by people during the operation of a legal system and the institutions in which those operations occur. Practices are what...
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...The Indian Reorganization Act of 1934, also known as the Wheeler Howard Act or the IRA, had a major impact on the everyday lives of Native American Tribes that were scattered across the United states. The Indian Reorganization Act provided the means and tools for tribes to form their own governments and constitutions. The IRA stopped the general allotment act that was put into effect by the Dawes of 1887. The Indian Reorganization Act granted the Secretary of Interior a tremendous amount of power over Native American affairs ranging from land, livestock, employment, government, etc. According to the reorganization plan, after a tribe or nation voted to accept the IRA, it would draw up a constitution and bylaws, submit it to a referendum, have the Secretary of the Interior certify the results, and then start operating as a corporate tribal council. Of the 181 tribes accepting the Indian Reorganization Act between 1934 and 1945, only ninety-six adopted a tribal constitution, and only seventy-three tribes ever received corporate business charters. Seventy-seven tribes with a population of 86,365 members rejected the Act outright. Several of these were large reservation groups, such as the Klamath Indians of Oregon and the Crows of Montana. An especially bitter blow to Collier was the rejection of the IRA by the Navajo Nation. With 98 percent of the eligible Navajo voting, the tribe rejected the Act by 419 votes. The Navajo had not forgiven the Collier administration for its drastic...
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...to Europe. The Dawes Act of 1887 adopted by Congress in 1887, authorized the President of the United States to survey American Indian tribal land and divide it into allotments for individual Indians. Those who accepted allotments and lived separately from the tribe would be granted United States citizenship. The Dawes Act was amended in 1891, in 1898 by the Curtis Act, and again in 1906 by the Burke Act.The Act was named for its creator, Senator Henry Laurens Dawes of Massachusetts. The objectives of the Dawes Act were to lift the Native Americans out of poverty and to stimulate assimilation of them into mainstream American society. Individual household ownership of land and subsistence farming on the European-American model was seen as an essential step. The act also provided what the government would classify as "excess" those Indian reservation lands remaining after allotments, and sell those lands on the open market, allowing purchase and settlement by non-Native Americans.The Dawes Commission, set up under an Indian Office appropriation bill in 1893, was created to try to persuade the Five Civilized Tribes to agree to allotment plans. (They had been excluded from the Dawes Act by their treaties.) This commission registered the members of the Five Civilized Tribes on what became known as the Dawes Rolls.The Curtis Act of 1898 amended the Dawes Act to extend its provisions to the Five Civilized Tribes; it required abolition of their governments, allotment of communal lands to...
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...beginning of the Gilded Age, the federal government tried to control the Native American people by creating schemes hoping to engage them in the wider America. This was not an easy task and led to violent conflicts, later known as the Indian Wars. In the middle of the 19th century, the attempts to control the Native American by the federal government increased. Many new European immigrants were starting to settle and begin their loves on the eastern border of the Native Indians territories. The United States Congress adopted the Dawes Act, also known as the General Allotment Act, in 1887. This act gave the United States President the authority to survey the American Indian tribal land and divide it into allotments for the individual Native Indians. Congress granted citizenship to the Native Indians whom accepted the allotment and lived away from their tribe. Norgren & Nanda (2006) believe the main objective of the Dawes Act was mostly to stimulate the assimilation of Native Indians into the larger and mainstream American...
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...Throughout the period of 1865-1890, the Native American tribes west of the Mississippi River were mistreated by the United States’ government. This period in history has become marked by incidents of brutality. The brutal accounts reflect the winning attitudes of the Americans and their desire to control the Native Americans. One such incident turned into the Sand Creek Massacre of 1864, in which Colorado defense force, consisting of U.S. citizens, attacked and killed over one hundred fifty Cheyenne and Arapaho human beings, which were usually girls and children, despite the tribe's leader flying a U.S. flag as a signal of peace. Another shining event was the Battle of Little Bighorn in 1876, where General George Custer and his forces were...
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...The American West was promoted by the federal government to Americans who had hopes of creating a new life by passing the Homestead Act in 1862 (Schultz 2014). What the Homestead Act offered settlers was the award of 160 acres of land for anyone who would occupy it for five years and by 1890 over 2 million residents had established farms in the West. The Northern government officials, which were in control of Congress in 1862, were in favor of settling the Western territories, so along with promoters they glamorized the idea to where it was more appealing. Who the Homestead Act attracted were new immigrants, African Americans, and Northerners who wanted to avoid industrialization from their hometowns (Schultz 2014). Consequently, for the ones who abandoned the venture, corporations were waiting to buy the land for their own projects which were known as the bonanza farms which employed low-paid laborers to work them....
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...The act was destructive to Native American tribes and their government, effectively ending communal land, an ideal that Native American people excelled under. The separation of tribes also weakened the rich culture that Native American people held. Much of the land that Native American people received was also not ideal for farming, leading to starvation, poverty, and death of Native American land owners. Fractionation, as heirs receive equal share of the land once the original owner dies, resulted in too many people owning portions of the land. This reduced the value of the land to nearly zero as the number of people who own a piece of land continues to grow as it is passed down through generations. The Dawes Allotment Act was not only detrimental to Native American culture, it also damaged the economic standing greatly as...
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...Very strong objections from lumber companies were accustomed to cutting timber freely for fuel and building material. •3 men were killed during the gunfight at ok corral, but it is recorded as one of the most famous gunfights in the history of the Old West. The cause of this gunfight was because of the arrest by Virgil Earp. •Within hours the arrivals were then dead and a cowboy that was with them had illegally didn't give up his pistol. • States wanted the federal government to transfer to them at least part of the public domains. States claimed that they can make these land profitable through reclamation. •In 1902, after years of debates, congress passed the newlands reclamation act. The law allowed for the federal government to sell western public lands to individuals in parcels not to exceed 150 acres and use such proceeds to finance irrigation projects. •By the late 1800's almost all lines had adopted standard-gauge rails so that their tracks could connect with one another. Railroad transportation became a lot more safer and efficient. •Rail transportation altered conceptions of time and space. To impose regularity, railroads created their own time...
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...self-determination 1806, U.S. Congress established Commissioner of Indian Trade, was charged with maintaining the factory trading network of the fur trade. Government licensed traders to have some control in Indian territories and gain shares. *Abolition of Factory System left a vacuum within U.S. Government and Native American relations. 1849-Indian Affairs was transferred to the U.S. Department of the Interior 19th to early 20th century decision to educate native children in boarding schools, emphasizing on assimilation that prohibited them from using their indigenous languages, practices , and cultures. Acts of Congress Allotment Act of 1887 Opened tribal laws W of the Mississippi to non- indian settlers, (continued) Indian Citizen Act of 1924-granted American Indians, and Alaskan Natives citizenship and the right to vote. New Deal/Reorganization Act of 1934-Established modern tribal governments. *WWII relocation and Post War termination era of 1950's led to the activism of the 60's & 70's and saw the takeover of BIA's headquaarters which resulted in creation of The...
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...Border Citizens It is easy to characterize the history of the American West from 1865 to 1912 after reading Eric Meek’s “Border Citizens: The Making of Indians, Mexicans, and Anglos in Arizona.” In the first chapter, Meek mentions how ‘hundreds of Americans moved into the territory to improve their fortunes” (15). The United States changed dramatically from 1865 to 1912. The Southwest went through many changes as well during these times. Many changes occurred in industrialization, foreign affairs, government, as well as in society and culture. The events that took place within this time period helped shape this country into what it is today. It affected Native Americans in many ways; some beneficial, some not so much. In the first half of Eric Meek’s Border Citizens, he writes about the ethnic heterogeneity in Arizona between 1850 and 1920. He discusses agriculture, its mechanization, and the growth of several industries in the state, including mining. During the 1830s and 1840s about 100,000 Natives were moved west. The tragic “Trail of Tears” was part of this era, and so were the first western Native American reservations. The continued westward movement frustrated the attempts of U.S. policy makers to achieve a peaceful solution to the Native American problem. When many of these removed tribes signed military pledges of support for the Confederacy during the Civil War, further excuses for taking their land were now available for the many voices of Manifest Destiny...
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...Many Native American tribes, especially in the Great Plains and Pacific Northwest suffered from these acts. The division of land caused these specific tribes to lose land, which led to economic hardships. Because of these economic hardships, many Native Americans were forced to sell part of their land to make some money. This selling of land to non-Native Americans led to many Native Americans being landless. The amount of land on reservations shrank from 138 million acres in 1887 to 48 million acres in 1934(Reservations 1996). The Indian Reorganization Act(IRA) that Congress passed in 1934 allowed for Native Americans to have authority over their land. Each Native American reservation became a part of a sovereign nation(Chawla, P., & Kastelic, S. 2012). The IRA stopped the distribution of land on the reservations, provided funds for economic growth, and it protected Native Americans culture(Reservations 1996). Although the IRA was meant to help Native American, it did little to help fix damage that was done previously. Reservations that had been harmed by allotment still continued to struggle with poverty, poor health, and poor housing. During the 1940s and 1950s the termination era occurred in which thousands of Native Americans did not have access to health care, educational assistance, and other services(Reservations...
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...Native Americans in the 19th and 20th Centuries Table of Contents I Introduction………………………………………………………….P. 4 II Treaties Involving the Native Americans…………………………...P. 4 III Military Actions Involving the Native Americans…………………P. 7 IV Policies Involving the Native Americans………………………….P. 10 V Conclusion………………………………………………………….P. 12 VI Bibliography……………………………………………………….P. 13 I Introduction The term Native American means just what it says. These people were the people that were Native to the land when the first European settlers arrived here. These first settlers were not interested in taking away what belonged to the natives. They were not concerned with trying to change them to become more “civilized”. The early settlers were more interested in learning from them and trading with them for their survival in this new and untamed land. This would not always be the case though. As time progressed hostilities exploded between the Native Americans and the settlers. There were many policies and treaties placed upon the Indians, and when they revolted against these things military actions were what made them accept the fate that they did not want to accept. II Treaties Involving Native Americans Treaties were put in place supposedly to protect the Native Americans. Unfortunately they were mainly used as a way for the white man to take over the Indian’s land and hunting grounds. A lot of the time these treaties were ignored all together by the government that put...
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...(with some dying later due to the blizzard that hit because instead of being taken in for their wounds to be treated, they were left outside to freeze and starve to death). In total the Cavalry lost around 30 men, and 20 were awarded the Medal of Honor, which is still being investigated. One thing that came from this was the Wounded Knee Survivors Association, founded by Dewey Beard, Joseph Horn Cloud, and other survivors/descendants. At that time: “They sought compensation from the U.S. government for the many fatalities and injured.” The future that white Americans saw for Indians was to basically put them in little controlled boxes/categories. For example the Dawes Act “adopted by Congress in 1887, authorized the President of the United States to survey American Indian tribal land and divide it into allotments for individual Indians.” Again with the Laramie Treaty, the “idea” was to minimize the conflict between tribes and ward off conflicts with Americans, so the solution was to force them into designated areas. Of course it didn’t work and resulted in casualties on both sides. In their minds (the whites) it would make them more like “Americans” because they would get their own plot of land and could do what they want on it. However, since there were so many Indians on one small reservation the piece of land one would obtain was hardly enough to do anything with. ...
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...women. c. a form of holistic health care and healing. d. godparent-godchild relationship. 3. The policy of separate but equal was defined as __________ by the U.S. Supreme Court in 1896. a. reasonable b. discriminatory c. racist d. unacceptable 4. The culture of poverty is a. based on conflict theory. b. a way of not holding individuals responsible for their poor choices. c. a way of holding policy makers responsible for social inequality. d. another way of blaming the victim. 5. The Termination Act of 1953 a. ended reservation residents' tax immunity. b. was a policy favored by Native Americans to gain greater self-governance. c. resulted in the withdrawal of basic services such as road repair and medical care. d. provided funding for basic health care services. 6. A significant aspect of familism is the godparent-godchild relationship called a. curanderismo. b. vendidos. c. bracero. d. campadrazgo. 7. The Allotment Act intended to impose upon the Native Americans the European concept of a. voting and election of leaders. b. religion. c. hunting for sport. d. private property ownership. 8. By the mid-1960s one-fourth to one-third of the people in the Employment Assistance Program a. were fully assimilated into the urban areas where they lived. b. had successfully completed college and were in management-level positions. c. had returned to their home reservation. d. had abandoned their Indian identity and heritage. ...
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