
Contents
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A. Indian A. Indian
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Who is an Indian? Who is an Indian?
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Are the Native people of Alaska considered Indians? Are the Native people of Alaska considered Indians?
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Are the Indigenous peoples citizens of the United States? Are the Indigenous peoples citizens of the United States?
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B. Indian Tribe B. Indian Tribe
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What is an Indian tribe? What is an Indian tribe?
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Is there a difference between an Indian nation and an Indian tribe? Is there a difference between an Indian nation and an Indian tribe?
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C. Indian Country C. Indian Country
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What is Indian country? What is Indian country?
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Are non-Indians permitted to live in Indian country? Are non-Indians permitted to live in Indian country?
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What is an Indian reservation? What is an Indian reservation?
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What type of land is found in Indian country? What type of land is found in Indian country?
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D. Indian Title D. Indian Title
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What is Indian title? What is Indian title?
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When the federal government extinguishes Indian title, must it compensate the tribe for the value of its occupancy rights? When the federal government extinguishes Indian title, must it compensate the tribe for the value of its occupancy rights?
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May the courts reverse a decision by Congress to extinguish Indian title? May the courts reverse a decision by Congress to extinguish Indian title?
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Notes Notes
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II Definitions: Indian, Indian Tribe, Indian Country, and Indian Title
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Published:March 2024
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Abstract
This chapter defines four of the most frequently used terms in federal Indian law: Indian, Indian tribe, Indian country, and Indian title. It discusses who is an Indian, how a group becomes a federally recognized Indian tribe, what territory is Indian country, and how a tribe acquires Indian title to land. There is no single or universally accepted definition for any of these important terms. Many disputes have arisen, for instance, over who is an “Indian” and which group is an “Indian tribe.” Similarly, many lawsuits have been filed to determine whether an area of land is or is not “Indian country.” This chapter explains how each of these terms is used and the disputes surrounding them.
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