4/8/2016 TRIBAL TOPICS De mogr aphic s of Native Ame r ic an Pe ople T r ibal Gove r nme nts T r ibal Str uc tur e & T r ibal Highe r E duc ation Human R e sour c e s in a T r ibal E nvir onme nt The Role of Human Resources INDIAN COUNTRY DEMGRAPHICS POPUL AT ION T otal Ame r ic an Indian/ Alaska Native (AI/ AN) alone population: DEMOGRAPHICS OF NATIVE 2.9 million or about 0.9 pe r c e nt of the US population. T otal AI/ AN population alone or in c ombination with othe r r ac e s: 5.2 million or 1.7 pe r c e nt of the AMERICAN PEOPLE US population. About 32 pe r c e nt of Native s ar e unde r the age of 18, c ompar e d to only 24% of the total population who ar e unde r the age of 18. T he me dian age for Ame r ic an Indians and Alaska Native s on r e se r vations is 26, c ompar e d to 37 for the e ntir e nation. T he AIAN population fr om bir th thr ough age 24 make s up 42 pe r c e nt of the total AIAN population; whe r e as the unde r 25 population for the Unite d State s is only 34 pe r c e nt of the total population. State s with the highe st pr opor tion of Ame r ic an Indians and Alaska Native s: Alaska (19.5%), Oklahoma (12.9%), Ne w Me xic o (10.7%). Sour c e • So urc e : Natio nal Co ng re ss o f Ame ric an I ndians (NCAI ) HEALTH DISPARITIES Native pe ople die at highe r rate s than othe r Ame ric ans from tub e rc ulo sis: 600% hig he r ? a lc o ho lism: 510% hig he r ? d ia b e te s: 189% hig he r o ve hic le c ra she s: 229% hig he r ? injurie s: 152% hig he r ? suic id e : 62% hig he r o Indian youth have the highe st rate of suic ide among all e thnic groups in the US and is the se c ond-le ading c ause of de ath for Native youth age d 15-24. So urc e : Natio nal Co ng re ss o f Ame ric an I ndians (NCAI ) 1
4/8/2016 WHAT IS INDIAN COUNTRY? In Title 18, Crimes and Criminal Procedure, Part I. Crimes, Chapter 53. Indians, or 18 USCS @1151, Indian Country was defined in 1948. It says, "Except as otherwise provided in sections 1154 and 1156 of this title, the term 'Indian Country', as used in this chapter {18 USCS @ 1151 et. seq.}, means (a) all land TRIBAL STRUCTURE within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same". The codified definition above was enacted in regard to criminal statutes. For application of the IRC as it pertains to Indian tribes, civil courts rely on this statute in part. There is no generic definition for Indian Country applicable to all tribes. Treaties and more recent legislation, such as the Alaska Native Claims Settlement Act of 1971, must be considered on a case-by-case basis. SOURCE: USA Internal Revenue Service An Indian reservation is land a tribe reserved for itself when it relinquished its other land areas to the U. S. through treaties. Many of the smaller reservations are less than 1,000 acres with the smallest less than 100 acres. On each reservation, the local governing authority is the tribal government. More recently, Congressional acts, Executive Orders and administrative acts have The United States holds approximately 56.2 million acres of land in trust for various created reservations. Indian tribes and individuals. Much of this is reservation land; however, not all reservation land is trust land. There are approximately 275 Indian land areas in the U. S. administered as Indian reservations (reservations, pueblos, rancherias, communities, etc.). The states in which reservations are located have limited powers over them, and only as provided by Federal law. The largest is the Navajo Reservation of some 16 million acres of land in Arizona, On some reservations, however, a high percentage of land is owned and occupied New Mexico, and Utah. by non-Indians. Some 140 reservations have entirely tribally owned land. Source: USA I nte rnal Re ve nue Se rvic e Source: USA I nte rnal Re ve nue Se rvic e From the Indian General Allotment Act - " Allotted Indian lands held in trust by the United States are an instrumentality employed by the United States for the benefit and control of this dependent race, and so are immune from state taxation." TRIBAL GOVERNMENTS Trust status is what provides immunity from state taxes. Lands not held in trust by the Federal government for the benefit of the tribe would generally not share immunity and would, therefore, generally be subject to state property taxes. Source: USA I nte rnal Re ve nue Se rvic e 2
4/8/2016 Whe n Indian tribe s first e nc ounte re d E T he Navajo T ax Commission has a jurisdic tion that inc lude s are as of thre e state s, urope ans, the y we re de alt Arizona, Ne w Me xic o and Utah. with be c ause of the ir stre ngth in numbe rs and we re tre ate d as sove r e ign gove r nme nts with whom tr e atie s we r e made . Whe n tr ibe s T he re are many U.S. Distric t Court and Appe llate c ase s, whic h de fine gave up the ir lands to the U. S., the y re taine d c e rtain sove re ignty jurisdic tional boundarie s for tribal taxing authoritie s. T he jurisdic tion of the tribal taxing author itie s e xists only within tribal boundaries. ove r the lands the y ke pt. Non- tribal pe rsons and e ntitie s may be subje c t to a par tic ular tr ibal tax c ode if While suc h sove re ignty is limite d today, it is ne ve rthe le ss je alously the y are doing busine ss on tribal lands. guarde d by the tribe s against e nc roac hme nts by othe r sove re ign T he tr ibe s r e tain the authority "to tax the ac tivitie s or prope rty of non-Indians e ntitie s suc h as State s. T ribe s e njoy a dire c t gove rnme nt-to- taking plac e or situate d on Indian lands, in c ase s whe re the tribe has a gove rnme nt re lationship with the U.S. gove rnme nt whe re in the y are signific ant inte r e st in the subje c t matte r ." (Confe de r ate d T r ibe s of Colville Indian c onsulte d about de c isions about the ir lands and pe ople . R e se rvation, 447 U.S. at 153) Source: USA I nte rnal Re ve nue Se rvic e T r ibal tax ac ts have to be appr ove d by the Se c r e tar y of the Inte rior. Whe n tribal taxing authoritie s are c halle nge d, the outc ome is usually de c ide d in the Unite d State s F e de r al Cour t syste m. Sour c e : • Source: USA I nte rnal Re ve nue Se rvic e NAVAJO NATION GOVERNMENT PRE SIDE NT – E XE CUT IVE BRANCH – SINCE 1980 (1900 T HROUG H 1930’ S BIA SUPE R IMPOSE D T HE AME RIC AN GOVE RNME NT ST RUC UT URE – HOWE VE R T RIBE S DID HAVE A CHOICE ) SPE AK E R OF T HE COUNCIL – L E GISL AT IVE BRANCH SPE AK E R OF T HE COUNCI L TRIBAL HIGHER EDUCATION COUNCI LDE L E GAT E S – 24 (RE DUCE D F ROM 88) CHAPT E R GOVE RNME NT S -110 CHAPT E R AGE NCI E S = 5 SUPRE MECOURT– JUDICI ALBRANCH CHI E F JUST I CE -1 SUPRE ME COURT JUST I CE S = 5 OK L A, F L ORIDA AND MAINEUSE S T HECHIE FST RUCT URE PUBE L O NAT IONS IN NE W ME XICO HAVE GOVE RNORS SOURCE : Dr. L awre nc e I saac ,Jr., Navajo T e c hnic al Unive rsity USA TRIBAL COLLEGES T he numbe r of Ame r ic an Indian and Alaska Native stude nts e nr olle d in c olle ge s and unive r sitie s and the numbe r of postse c ondar y de gr e e s awar de d has mor e than double d in the past 30 ye ar s. Only five pe r c e nt of Ame r ic an Indians and Alaska Native s have r e c e ive d gr aduate or pr ofe ssional de gr e e s, c ompar e d to 10 pe r c e nt for the total population, and only nine pe r c e nt of Ame r ic an Indians have e a r ne d ba c he lor ’s de g r e e s c ompa r e d to 19 pe r c e nt for the US population. Sour c e : • So urc e : Natio nal Co ng re ss o f Ame ric an I ndians (NCAI ) 3
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