Oklahoma Indian Welfare Act facts for kids
.svg) |
|
| Long title | An Act to promote the general welfare of the Indians of the State of Oklahoma, and for other purposes. |
|---|---|
| Nicknames | Oklahoma Indian Bill |
| Enacted by | the 74th United States Congress |
| Effective | June 26, 1936 |
| Citations | |
| Public law | 74-816 |
| Statutes at Large | 49 Stat. 1967 |
| Codification | |
| Titles amended | 25 U.S.C.: Indians |
| U.S.C. sections created | 25 U.S.C. ch. 14, subch. VIII § 501 et seq. |
| Legislative history | |
|
|
The Oklahoma Indian Welfare Act of 1936 is a United States federal law. It is also known as the Thomas-Rogers Act. This law helped Native American tribes in Oklahoma. It was an extension of the 1934 Indian Reorganization Act.
The main goal of these laws was to help Native American tribes. They aimed to rebuild tribal societies and return land to the tribes. The laws also helped tribes create their own governments again. They supported Native culture and traditions.
John Collier helped create these important laws. He was the Commissioner of Indian Affairs from 1933 to 1945. Collier wanted to change how the government treated Native Americans. He opposed "allotment" and "assimilation." Allotment meant breaking up tribal lands. Assimilation meant forcing Native Americans to adopt American culture. Collier believed in supporting Native American self-government.
Contents
Why the Act Was Needed
Before Oklahoma became a state in 1907, Native American tribal governments were dissolved. This was done to prepare the territories for statehood. The government also wanted Native Americans to adopt American ways of life.
Part of this effort involved changing how Native American land was owned. Under earlier laws, like the Dawes and Curtis acts, tribal lands were broken up. These lands were called "communal lands" because they belonged to the whole tribe.
- Each Native American household received about 160 acres of land. This was often not enough land for farming.
- The United States government held this land "in trust" for the tribal members. This meant the government managed the land.
- Any land the government called "surplus" was sold off. This often happened during land runs, where non-Natives could claim land.
Many Native Americans lost their land during this time. Some land was sold to people who took advantage of them. This caused Native Americans to lose a lot of their land in Oklahoma. It also disrupted their societies and cultures. The Oklahoma Indian Welfare Act aimed to fix some of these problems.
Key Parts of the Oklahoma Indian Welfare Act
This act had several important points to help Native American tribes.
Land and Taxes
- The United States Secretary of the Interior could buy good farming and grazing lands. These lands would be held in trust for Native Americans.
- Land held by the United States for tribes was free from most taxes. The only exception was a tax on oil and gas produced from the land in Oklahoma.
- If Native American lands were sold, the Secretary of the Interior had to try to buy them back for Native American use.
Tribal Self-Governance
- Any recognized tribe in Oklahoma could get a special charter from the Secretary of Interior. This charter allowed them to form their own government.
- Tribes gained the right to make their own rules and bylaws. This meant they could govern themselves.
- Groups of 10 tribal members could also form a "Cooperative Association." These groups could work together for specific purposes. State laws applied to these groups unless federal law said otherwise.
Osage Nation Exemption
- The Act did not apply to Osage County, Oklahoma. This meant the Osage Nation was not affected by this law. The Osage Nation already owned its own land.
Membership Rules and Tribal Rights
After the Act, many Native American tribes began to reorganize their governments. A question came up about who could be a member of the tribe. Specifically, some tribes wondered if they could change their rules to exclude "Freedmen." Freedmen were descendants of formerly enslaved people who had been part of the tribes.
After the Civil War, treaties in 1866 required these tribes to offer citizenship to their Freedmen. In 1941, a government lawyer said that tribes could create new rules for membership. This meant they could limit membership to people of Native American descent.
Even with this opinion, many tribes did not exclude Freedmen right away. They generally did not take action until later in the 20th century. This was a time when tribes were strongly asserting their right to govern themselves. Some Freedmen descendants have since raised concerns about being excluded from certain tribes.
