Oklahoma Indian Welfare Act
Long title | An Act to promote the general welfare of the Indians of the State of Oklahoma, and for other purposes. |
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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 | |
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The Oklahoma Indian Welfare Act of 1936 (also known as the Thomas-Rogers Act) is a
The Thomas-Rogers Act was adopted in order to enable Native American tribes in Oklahoma to rebuild governments that had been dissolved in order to prepare the territories for Oklahoma being admitted as a state in the Union in 1907.[2] As part of this effort also to encourage Native American assimilation, Indian land title was extinguished in Indian Territory by the break-up and allotment of communal lands. Under the Dawes and Curtis acts, the communal land of the former reservations in Oklahoma was:
- allotted to individual Indian Tribal members with 160 acres per household (too little in many areas to support subsistence farming because of poor conditions)
- held in trust by the United States for the benefit of tribal members.
- What the government determined to be "surplus" was sold off or otherwise distributed, including to non-Natives, in a series of land runs.
In addition to surplus lands being sold, many Native Americans lost their allotments to speculators and unscrupulous businessmen. The Native Americans suffered major losses of land in Oklahoma. In addition, the disruption of their societies and cultures resulted in considerable breakdown of their worlds.
Major points of the act
- United States Secretary of the Interior is authorized to obtain good agricultural and grazing lands (including Indian lands) to be held in trust for the Indians.
- Land held by the United States is free from any and all taxes except Oklahoma Gross Production Tax from oil and gas produced from the land.
- Where Indian lands are sold, the Secretary of the Interior shall show preference to obtain those lands for the use by Native Americans.
- Any recognized tribe residing within Oklahoma may receive a charter of incorporation from the Secretary of Interior, and shall have the right to self-determination, including the right to make their own bylaws.
- Any group of 10 Tribal Members may receive a Charter of Cooperative Association (for specific purposes) from the Secretary of Interior; laws of the State of Oklahoma govern for those issues not covered by federal law or regulations issued by the Secretary.
- Act does not relate to Osage County, Oklahoma (does not affect the Osage Nation, which retained ownership of its own land)
As issues arose, Department of Interior officials sought the opinion of its Solicitor General about the effects of this legislation. This correspondence is part of the agency records. As the Five Civilized Tribes began to reorganize and set up new governments, the question arose as to whether they could change their membership rules, specifically, to exclude the Freedmen. Each of the tribes had been required under terms of new 1866 treaties to extend citizenship to their
See also
- Former Indian Reservations in Oklahoma
References
- ^ "Oklahoma Indian Welfare Act (1936)". Oklahoma Historical Society’s Encyclopedia of Oklahoma History and Culture. Retrieved 2012-02-03.
- ^ "Choctaw Nation v State of Oklahoma (Mineral Rights Arkansas River) Supreme Court 90 S.Ct. 1328 (April 27. 1970) Section I" (PDF). Archived from the original (PDF) on 2012-01-29. Retrieved 2012-01-30.
- ^ FIVE CIVILIZED TRIBES--STATUS OF FREEDMEN--ORGANIZATION UNDER OKLAHOMA WELFARE ACT -- October 1, 1941, Opinions of the Solicitor General, US Department of Interior
External links
- Cherokee Observer
- Oklahoma Indian Welfare Act
- "Federal Indian Policy", National Archives & Records Administration Digital Classroom]
- "Senate Bill 2074, Public Law 816. Oklahoma Indian Welfare Act (1936) 74th Congress, Session II, Chapter 831, p 1976 GSA". Retrieved 2012-02-03.
- Rader, Brian F. (2009). "Oklahoma Indian Welfare Act". Encyclopedia of Oklahoma History and Culture. Oklahoma Historical Society.