The term “Native American” is often used, but understanding its true meaning and the people it represents requires a deeper exploration. This article delves into the complexities surrounding the term “Native American,” examining its historical context, legal definitions, and relationship to broader concepts like Indigenous identity and tribal sovereignty. It aims to provide a comprehensive overview of what it means to be Native American in the United States today.
Understanding the Terminology: Native American, Indigenous, and More
Navigating the terminology surrounding the original inhabitants of the Americas can be confusing. While “Native American” and “American Indian” are often used interchangeably in the United States, it’s important to understand their specific contexts and broader implications.
- Indigenous: This is the most inclusive term, referring to any group of people with pre-existing sovereignty who lived as a community before contact with settler populations, primarily Europeans. It encompasses Indigenous peoples worldwide, such as the Sami in Sweden or the Ainu in Japan.
- Indigenous Peoples: This term refers to a group of Indigenous individuals sharing a national identity, like the Navajo Nation. It’s akin to saying “the American people.”
- Native American and American Indian: These terms specifically denote peoples who resided within the present-day United States before European contact. “American Indian” carries a specific legal weight due to its use in Federal Indian Law and by the U.S. Census Bureau.
Whenever possible, using the specific name of an individual’s community or nation, such as “Tongva” or “Navajo,” is the most respectful approach.
Who are the Native American Peoples of Los Angeles?
UCLA, for instance, acknowledges that it is situated on the ancestral lands of the Gabrielino/Tongva people. The Fernandeño Tataviam also have close ties to the area, with their ancestral villages spanning the San Fernando, Santa Clarita, Simi, and Antelope Valleys. The Chumash and Ajachamen peoples are also connected to the broader Los Angeles County region.
Los Angeles is home to the largest population of Native American and Indigenous peoples in the United States. This includes individuals relocated through the Bureau of Indian Affairs (BIA) relocation programs of the 1950s and 60s, as well as those who migrated for economic opportunities or to escape conflict.
Defining Native American Identity: Legal and Cultural Considerations
The U.S. Census uses the term American Indian or Alaska Native to describe “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.”
Legally, Native Americans are citizens of their federally recognized tribal nations, the United States, and the state where they reside. Tribal membership is a political designation, not merely a racial one. Ancestry alone does not automatically grant someone membership in a tribe.
Federal Recognition: Acknowledging Sovereignty
Federal recognition is the U.S. government’s legal acknowledgement of a tribal nation’s sovereign and independent political status. This recognition establishes a legal and political relationship between the tribe and the U.S., entitling tribes to certain federal resources and triggering the application of federal law. These resources can encompass healthcare, housing, education, and the potential for economic development, including gaming. Federally recognized tribes can also establish their own justice systems and pursue repatriation claims under the Native American Graves Protection and Repatriation Act (NAGPRA).
There are currently 574 federally recognized American Indian and Alaska Native tribes and villages, with 109 located in California. Many other California tribes remain unrecognized and are seeking federal recognition. The Federal Acknowledgement Process (FAP), while intended to provide a pathway to recognition, is often a lengthy and challenging process.
State Recognition and International Perspectives
In addition to federal recognition, 14 states have their own recognition processes for American Indian tribes. While state recognition acknowledges inherent sovereignty, it does not confer the same legal status as federal recognition under U.S. law.
Internationally, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirms the right of Indigenous peoples to self-determination, allowing them to freely determine their political status and pursue their development.
Sovereignty and Self-Determination: Core Principles
Sovereignty, in the context of Native American tribes, refers to their inherent right to self-governance. This includes the ability to govern their territories, levy taxes, and establish their own legal systems. U.S. law acknowledges that this sovereignty predates the U.S. government and is not granted by it. Self-determination is the ability of a tribe to control its own affairs, freely determining its political status and pursuing its economic, social, and cultural development.
The Doctrine of Discovery and Treaties
The Doctrine of Discovery, originating from a 1455 papal bull, granted European nations title to lands they “discovered,” disregarding the rights of Indigenous inhabitants. This concept was enshrined in U.S. law through court decisions like Johnson v. McIntosh.
A treaty is a contract between nations. In the context of Native Americans, treaties are agreements between tribal governments and the U.S. federal government. While the U.S. government has often failed to uphold its treaty obligations, treaties remain crucial in defining the relationship between tribes and the U.S., serving as the foundation for Indigenous rights to territory, resources, and self-governance.
Land Grant Institutions and UCLA’s Role
Land grant institutions, like the University of California system, were established through the Morrill Act of 1862, which granted federal lands (often acquired through the dispossession of Native peoples) to states to fund colleges focused on agriculture and mechanical arts.
UCLA, as a land grant institution built on the ancestral homelands of the Gabrielino/Tongva, acknowledges its responsibility to the peoples impacted by this history. It recognizes the Gabrielino/Tongva’s connection to the land and aims to serve all Indigenous populations in Los Angeles.
NAGPRA: Protecting Cultural Heritage
The Native American Graves Protection and Repatriation Act (NAGPRA), passed in 1990, mandates that museums and federal agencies return Native American cultural items, including human remains and funerary objects, to lineal descendants and culturally affiliated tribes. UCLA is committed to implementing NAGPRA and has made efforts to return remains and objects to Indigenous peoples.
Conclusion
Understanding what it means to be Native American requires acknowledging the complex interplay of history, law, culture, and sovereignty. It involves recognizing the diversity of tribal nations, respecting their inherent rights, and working towards a future of justice and self-determination. The term “Native American” is not simply a label but represents a living heritage and a continuing struggle for recognition and respect.
Sources:
- American Indian Digital Archive: https://www.aidhp.com/items/browse?collection=3
- California Office of the Tribal Advisor: https://tribalgovtaffairs.ca.gov/
- California Native American Heritage Commission: http://nahc.ca.gov/
- Carrying Our Ancestors Home (COAH) website: http://coah-repat.com
- Mapping Indigenous LA: https://mila.ss.ucla.edu/
- Morrill Act: https://www.ourdocuments.gov/doc.php?flash=false&doc=33
- National NAGPRA: https://www.nps.gov/nagpra/
- Smithsonian National Museum of American Indians: https://americanindian.si.edu/nationtonation/
- Tataviam: http://www.tataviam-nsn.us/
- UCLA’s American Indian Studies Center Homepage: https://www.aisc.ucla.edu/
- United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP): https://indianlaw.org/undrip/home
- United States wide 2010 Census: https://www.census.gov/history/pdf/c2010br-10.pdf
- California 2010 Census: https://www.census.gov/quickfacts/ca
