Montana IndiansMontana Indians

Reservations, Tribes, andReservations, Tribes, and

OPI’s Essential OPI’s Essential UnderstandingsUnderstandings

Montana has seven reservations: Blackfeet, Montana has seven reservations: Blackfeet, Crow, Flathead, Fort Belknap, Fort Peck, Crow, Flathead, Fort Belknap, Fort Peck,

Northern Cheyenne, Rocky Boy’sNorthern Cheyenne, Rocky Boy’s

What is a reservation?What is a reservation?Essential Understanding #4:Essential Understanding #4:Reservations are lands that have been reserved by Reservations are lands that have been reserved by

the tribes for their own use through treaties and the tribes for their own use through treaties and were not “given” to them. The principle that land were not “given” to them. The principle that land should be acquired from Indians only through should be acquired from Indians only through their consent with treaties was based on three their consent with treaties was based on three assumptions: assumptions:

a. that both parties to treaties were sovereign a. that both parties to treaties were sovereign powerspowers

b. that Indian tribes had some form of transferable b. that Indian tribes had some form of transferable title to the land; andtitle to the land; and

c. that acquisition of Indian lands was solely a c. that acquisition of Indian lands was solely a government matter not to be left to individual government matter not to be left to individual colonists.colonists.

BackgroundBackground Indian Nations located in Indian Nations located in

Montana Territory prior to the Montana Territory prior to the passage of the Montana passage of the Montana Constitution in 1889, held Constitution in 1889, held large land bases as negotiated large land bases as negotiated through their treaties with the through their treaties with the U.S. The treaties assigned U.S. The treaties assigned tribes to certain areas and tribes to certain areas and obligated them to respect the obligated them to respect the land of their neighbors. land of their neighbors. However, the mining invasions However, the mining invasions of the 1860’s disrupted these of the 1860’s disrupted these areas as miners and others areas as miners and others rushed into the prime gold rushed into the prime gold fields that often lay within or fields that often lay within or along the designated tribal along the designated tribal lands. The new inhabitants lands. The new inhabitants demanded federal protection; demanded federal protection; thus beginning the garrisoning thus beginning the garrisoning of Montana and the eventual of Montana and the eventual relocation of the tribes to relocation of the tribes to smaller and smaller reserves.smaller and smaller reserves.

Blackfeet lands in Montana 1855-74

The federal government The federal government and Montana citizens did and Montana citizens did not understand the not understand the lifestyles of Montana’s lifestyles of Montana’s Indian tribes and Indian tribes and therefore dealt with them therefore dealt with them from the non-Indian point from the non-Indian point of view and expectations. of view and expectations.

However, the federal However, the federal government did government did understand that these understand that these tribal groups were tribal groups were sovereign nations and they sovereign nations and they needed to enter into treaty needed to enter into treaty negotiations with them.negotiations with them.

Reservation Date Established Reservation Date Established Names of Tribes Names of Tribes

Blackfeet Blackfeet (Browning)(Browning)

18511851 BlackfeetBlackfeet

Crow (Crow Crow (Crow Agency)Agency)

18511851 CrowCrow

Flathead (Ronan)Flathead (Ronan) 18551855 Confederated Confederated Salish, Kootenai, Salish, Kootenai,

Pend d OreillePend d Oreille

Fort Belknap Fort Belknap

(Ft. Belknap Agency)(Ft. Belknap Agency) 18881888 Assiniboine and Assiniboine and

Gros VentreGros Ventre

Fort Peck (Poplar)Fort Peck (Poplar) 18881888 Assiniboine and Assiniboine and SiouxSioux

Northern CheyenneNorthern Cheyenne

(Lame Deer)(Lame Deer) 18841884 Northern CheyenneNorthern Cheyenne

Rocky Boy’sRocky Boy’s

(Rocky Boy Agency)(Rocky Boy Agency) 19161916 Chippewa and CreeChippewa and Cree

Before we begin our Before we begin our tour…tour…

……we’ll need some more background we’ll need some more background information about Montana’s Indian information about Montana’s Indian Nations…Nations…

The following information is based on The following information is based on Montana OPI’s Essential Understandings Montana OPI’s Essential Understandings regarding Montana Indians and the OPI regarding Montana Indians and the OPI publications publications Indians 101: Frequently Indians 101: Frequently Asked Questions Asked Questions and and Montana Indians: Montana Indians: Their History and LocationTheir History and Location

Tribal SovereigntyTribal Sovereignty

Essential Understanding # 7:Essential Understanding # 7: Under the American legal system, Indian Under the American legal system, Indian

tribes have sovereign powers separate and tribes have sovereign powers separate and independent from federal and state independent from federal and state governments. However, the extent and governments. However, the extent and breadth of tribal sovereignty is not the breadth of tribal sovereignty is not the same for each tribe.same for each tribe.

BackgroundBackground Tribal sovereignty does not arise out of the U.S. Tribal sovereignty does not arise out of the U.S.

government, congressional acts, treaties, or government, congressional acts, treaties, or any other source outside the tribe. It’s any other source outside the tribe. It’s important to remember that before important to remember that before colonization, Indian tribes possessed complete colonization, Indian tribes possessed complete sovereignty. sovereignty.

Tribes are now classified as domestic Tribes are now classified as domestic dependent nations. As such, they have the dependent nations. As such, they have the power to determine their own membership; power to determine their own membership; structure and operate their tribal governments; structure and operate their tribal governments; regulate domestic relations; settle disputes; regulate domestic relations; settle disputes; manage their property and resources; raise tax manage their property and resources; raise tax revenues; regulate businesses; and conduct revenues; regulate businesses; and conduct relations with other governments. relations with other governments.

Tribal governmentsTribal governments Tribes have the inherent right to operate under their own Tribes have the inherent right to operate under their own

system of government, and the relationship between system of government, and the relationship between tribes and the U.S. is one of sovereign nation to sovereign tribes and the U.S. is one of sovereign nation to sovereign nation.nation.

Tribal governments have diverse structures. Many have Tribal governments have diverse structures. Many have adopted constitutions, others operate under Articles of adopted constitutions, others operate under Articles of Association, and some still maintain traditional systems of Association, and some still maintain traditional systems of government. The chief executive of a tribe is generally government. The chief executive of a tribe is generally called the tribal chairperson, but may also be called called the tribal chairperson, but may also be called principal chief, governor, or president.principal chief, governor, or president.

Essential Understanding Essential Understanding 3:3:

The ideologies of The ideologies of Native traditional Native traditional beliefs and spirituality beliefs and spirituality persist into modern persist into modern day life as tribal day life as tribal cultures, traditions cultures, traditions and languages are and languages are still practiced by still practiced by many American many American Indian people and are Indian people and are incorporated into how incorporated into how tribes govern and tribes govern and manage their affairsmanage their affairs..

Common Common MisunderstandingsMisunderstandings

To clear up some common misunderstandings, To clear up some common misunderstandings, OPI published OPI published American Indians 101: American Indians 101: Frequently Asked Questions. Frequently Asked Questions. The next slides The next slides are excerpted from that publication, the are excerpted from that publication, the Essential Understandings and Essential Understandings and Montana Montana Indians: Their History and LocationIndians: Their History and Location

CitizenshipCitizenship

Citizenship: American Citizenship: American Indians became citizens Indians became citizens of the U.S. in 1924 and of the U.S. in 1924 and are also citizens of the are also citizens of the state in which they state in which they reside.reside.

Terminology: While the Terminology: While the term “Native Americans” term “Native Americans” came into usage in the came into usage in the 1960’s, most tribal 1960’s, most tribal groups in Montana refer groups in Montana refer to themselves as to themselves as “American Indian.” “American Indian.”

TaxesTaxes Both tribes and individual Both tribes and individual

American Indians pay taxes. American Indians pay taxes.

Individual American Indians Individual American Indians pay federal income taxes, pay federal income taxes, fuel and tobacco taxes. fuel and tobacco taxes. American Indians who work American Indians who work on a reservation do not pay on a reservation do not pay state income taxes—state income taxes—because that right is because that right is reserved to the tribes. reserved to the tribes. American Indians working American Indians working off the reservation do pay off the reservation do pay state income taxes.state income taxes.

Maria Valandra, Blackfeet, is Vice President for Community Development for Montana’s First Interstate Bank system.

Tribal lands held in trust by the federal government Tribal lands held in trust by the federal government are not subject to property tax, just as U.S. forest are not subject to property tax, just as U.S. forest service land is not, because states cannot tax federal service land is not, because states cannot tax federal lands. lands.

This lack of a tax base is made up by the federal This lack of a tax base is made up by the federal government. Counties in Montana are given Payment government. Counties in Montana are given Payment in Lieu of Taxes money to offset the tribal tax exempt in Lieu of Taxes money to offset the tribal tax exempt lands within their boundaries. K-12 public schools lands within their boundaries. K-12 public schools within reservation boundaries are provided additional within reservation boundaries are provided additional Impact Aid. (Impact aid is also provided to schools on Impact Aid. (Impact aid is also provided to schools on military bases and other federal properties.)military bases and other federal properties.)

Federal incomeFederal income American Indians do not receive payments from the federal American Indians do not receive payments from the federal

government simply because they have American Indian blood. government simply because they have American Indian blood. An American Indian person may receive distribution funds An American Indian person may receive distribution funds

based on:based on: mineral or agricultural lease incomemineral or agricultural lease income on property that is held on property that is held

in trust by the United States in trust by the United States for compensation for lands taken in connection with for compensation for lands taken in connection with

government projectsgovernment projects. . Some tribes receive benefits from the federal government in Some tribes receive benefits from the federal government in

fulfillment of treaty obligations or for the extraction of tribal fulfillment of treaty obligations or for the extraction of tribal natural resourcesnatural resources, a percentage of which may be distributed , a percentage of which may be distributed as per capita among the tribes’ membership.as per capita among the tribes’ membership.

Federal Indian Trust Federal Indian Trust ResponsibilityResponsibility

The Federal Indian Trust The Federal Indian Trust Responsibility is a legal obligation, Responsibility is a legal obligation, upheld in numerous Supreme Court upheld in numerous Supreme Court cases, under which the U.S. has cases, under which the U.S. has charged itself with moral charged itself with moral obligations of the highest obligations of the highest responsibility and trust toward responsibility and trust toward American Indian tribes.American Indian tribes.

The federal government is The federal government is obligated to protect tribal lands and obligated to protect tribal lands and resources; protect tribes’ rights to resources; protect tribes’ rights to self-government; and provide self-government; and provide social, medical, educational and social, medical, educational and economic development services economic development services necessary for the survival and necessary for the survival and advancement of tribes.advancement of tribes.

Snake Butte, Fort Belknap Reservation

Treaty RightsTreaty Rights From 1777 to 1871, U.S. relations with individual From 1777 to 1871, U.S. relations with individual

American Indian nations were conducted through American Indian nations were conducted through treaty negotiations. These contracts created treaty negotiations. These contracts created unique sets of rights for the benefit of each of the unique sets of rights for the benefit of each of the treaty-making tribes and the U.S. government. treaty-making tribes and the U.S. government. Those rights represent the supreme law of the Those rights represent the supreme law of the land under the U.S. Constitution. Treaties land under the U.S. Constitution. Treaties exchanged tribal land for certain protections and exchanged tribal land for certain protections and benefits, commonly including, among other things: benefits, commonly including, among other things:

hunting and fishing rights that may extend beyond hunting and fishing rights that may extend beyond reservation boundariesreservation boundaries

education of tribal childreneducation of tribal children protection from the state by the federal protection from the state by the federal

governmentgovernment first priority water rights.first priority water rights.

Education: CollegeEducation: CollegeTribal colleges exist on Tribal colleges exist on each of the reservations in each of the reservations in Montana. Montana.

American Indians do not American Indians do not receive a free college receive a free college education. Montana has a education. Montana has a fee waiver for American fee waiver for American Indian students, but it is Indian students, but it is based upon financial need based upon financial need and only covers certain and only covers certain costs. College bound costs. College bound American Indian students American Indian students fill out financial aid forms fill out financial aid forms just like any other student.just like any other student.

Public SchoolsPublic Schools Public schools began to Public schools began to

operate on Indian operate on Indian reservations in Montana reservations in Montana in the early 1900’s, and in the early 1900’s, and Indian students began to Indian students began to enroll almost from the enroll almost from the beginning. The beginning. The curriculum offered curriculum offered limited information on limited information on the local Indian culture, the local Indian culture, history and traditions of history and traditions of the local tribal groups, the local tribal groups, and it did not encourage and it did not encourage participation from local participation from local tribal government tribal government officials in its decision-officials in its decision-making. This trend is making. This trend is now beginning to now beginning to change. change.

Elementary School at Rocky Boy Agency

Essential Understanding Essential Understanding 55

There were many federal policies put into There were many federal policies put into place throughout American history that have place throughout American history that have impacted Indian people and shape who they impacted Indian people and shape who they are today. Much of Indian history can be are today. Much of Indian history can be related through several major federal policy related through several major federal policy periods, such as:periods, such as:

Colonization PeriodColonization Period Tribal ReorganizationTribal ReorganizationTreaty PeriodTreaty Period TerminationTerminationAllotment Period Self-Allotment Period Self-

DeterminationDetermination Boarding School PeriodBoarding School Period

Essential Understanding Essential Understanding 6:6:

History is a story and most History is a story and most often related through the often related through the subjective experience of subjective experience of the teller. Histories are the teller. Histories are being rediscovered and being rediscovered and revised. History told from revised. History told from an Indian perspective an Indian perspective conflicts with what most of conflicts with what most of mainstream history tells mainstream history tells us.us.

Background: Much of our Background: Much of our history has been told from history has been told from one perspective. It has one perspective. It has been only recently that been only recently that American Indians have American Indians have begun to write about and begun to write about and retell history from an retell history from an Indigenous perspective.Indigenous perspective.

Ledger art at the Bighorn Battlefield offers another perspective on the history of the battle

Reservations in Montana: Reservations in Montana: A Tour A Tour

There are twelve tribal There are twelve tribal Nations in Montana…Nations in Montana…

Assiniboine Assiniboine (Nakoda)(Nakoda)

Blackfeet (Pikuni)Blackfeet (Pikuni) Chippewa Chippewa

(Anishinaabe)(Anishinaabe) CreeCree Crow (Apsaalooke)Crow (Apsaalooke) Gros Ventre (White Gros Ventre (White

Clay)Clay)

Kootenai (Kutanaxa)Kootenai (Kutanaxa) Little Shell Little Shell

ChippewaChippewa Pend d’ Oreille Pend d’ Oreille

(Qaeispe)(Qaeispe) Northern CheyenneNorthern Cheyenne Salish (Selin)Salish (Selin) Sioux (Dakota) Sioux (Dakota)

Essential Understanding Essential Understanding 11

……and there is great diversity among and there is great diversity among them, in their languages, cultures, them, in their languages, cultures, histories, and governments. Each Nation histories, and governments. Each Nation has a distinct and unique cultural heritage has a distinct and unique cultural heritage that contributes to modern Montana.that contributes to modern Montana.

Essential Understanding Essential Understanding 2: 2:

There is a great diversity There is a great diversity among individual among individual American Indians, as American Indians, as identity is developed, identity is developed, defined and redefined by defined and redefined by many entities, many entities, organizations, and people. organizations, and people. There is a continuum of There is a continuum of Indian identity ranging Indian identity ranging from assimilated to from assimilated to traditional and is unique traditional and is unique to each individual. to each individual. There There is no generic American is no generic American Indian.Indian.

So, it’s important to remember that not So, it’s important to remember that not only is there a great diversity only is there a great diversity among among tribes but that there is also great tribes but that there is also great diversity diversity withinwithin tribes. tribes.

Blackfeet ReservationBlackfeet Reservation Home to the BlackfeetHome to the Blackfeet Total number of enrolled tribal Total number of enrolled tribal

members 15,118 : members 15,118 : 8, 485 live on the reservation8, 485 live on the reservation LandsLands Total acres: 1,525,712Total acres: 1,525,712 311,174.98 tribally owned; 311,174.98 tribally owned;

the rest individually allotted, the rest individually allotted, government, fee title or state government, fee title or state landslands

CommunitiesCommunities Browning, East Glacier, Babb, Browning, East Glacier, Babb,

St. Mary, Starr School and St. Mary, Starr School and Heart ButteHeart Butte

College: College: Blackfeet Blackfeet Community Community College College

Crow ReservationCrow Reservation Home to the Crow Total number of enrolled

members: 10,333: 7,153 live on the reservation Lands Total acres 2,464,914 Tribally owned lands

404,272; the rest individually allotted, government, fee title or state lands

Government and Cultural Districts

Reno, Ledge Grass, Pryor, St. Xavier, Wyola, and Black Lodge

College: Little Bighorn College

Flathead ReservationFlathead Reservation Home to the Salish, Home to the Salish,

Kootenai and Pend Kootenai and Pend d’Oreilled’Oreille

Total number of enrolled Total number of enrolled members: 6,961 members: 6,961

4,244 live on the reservation4,244 live on the reservation

LandLandTotal acres: 1,243,000 acresTotal acres: 1,243,000 acres613,273 are tribal trust lands; the 613,273 are tribal trust lands; the

rest are tribal fee, individual rest are tribal fee, individual trust, water, federal, state, trust, water, federal, state, town sites or fee landtown sites or fee land

The Salish,Kootenai and The Salish,Kootenai and Pend d’Oreille people are the Pend d’Oreille people are the

minority population on their minority population on their own reservation, although they own reservation, although they now own 56% of their land.now own 56% of their land.

College: College: Salish Kootenai Salish Kootenai CollegeCollege

Fort Belknap ReservationFort Belknap Reservation Home to the Gros Home to the Gros

Ventre and AssiniboineVentre and Assiniboine Total number of enrolled Total number of enrolled

members: 7,303members: 7,303 5,771 live on the reservation5,771 live on the reservation LandLand Total acres: 645,576Total acres: 645,576 210,954 acres are tribally 210,954 acres are tribally

owned, the rest are individual owned, the rest are individual allotments, fee title or state allotments, fee title or state lands or government lands. lands or government lands.

9,000 acres are non-Indian 9,000 acres are non-Indian ownedowned

College: College: Fort Belknap Fort Belknap Community CollegeCommunity College

Fort Peck ReservationFort Peck Reservation Home to Nakoda Home to Nakoda

(Assiniboine), Dakota (Assiniboine), Dakota and Lakota (Sioux)and Lakota (Sioux)

Enrolled Sioux members: Enrolled Sioux members: 6,9696,969

Enrolled Assiniboine: 4,209Enrolled Assiniboine: 4,209 Close to 1,000 members of Close to 1,000 members of

other tribesother tribes LandLand Total acres: 2,093,124Total acres: 2,093,124 413,020 is tribal acreage, 413,020 is tribal acreage,

the rest is individually the rest is individually allotted, fee simple or state allotted, fee simple or state acreageacreage

College: FCollege: Ft Peck t Peck Community CollegeCommunity College

Little Shell Tribe of Little Shell Tribe of ChippewaChippewa

No reservation, but Morony No reservation, but Morony Dam site pendingDam site pending

Total number of enrolled Total number of enrolled members 3,850members 3,850

Many unenrolled Little Shell Many unenrolled Little Shell people in Montanapeople in Montana

The Metis number thousands in The Metis number thousands in the U.S. and south central the U.S. and south central CanadaCanada

Still waiting a ruling on federal Still waiting a ruling on federal recognitionrecognition

Populations concentrations in Populations concentrations in Great Falls, Havre, Lewistown, Great Falls, Havre, Lewistown, Helena, Butte, Chinook, Hays, Helena, Butte, Chinook, Hays, Wolf Point, Hamilton, and Wolf Point, Hamilton, and Billings.Billings.

Morony Dam site, outside Great Falls

Northern CheyenneNorthern Cheyenne Home to Northern Home to Northern

CheyenneCheyenne Total number of enrolled members Total number of enrolled members

approx. 7,374approx. 7,374 4,199 live on the reservation4,199 live on the reservation LandLand Total acres: 444,774.50 acresTotal acres: 444,774.50 acres 326,546.81 acres are tribally 326,546.81 acres are tribally

owned, the rest are individual owned, the rest are individual allotments, or fee title or state allotments, or fee title or state landslands

Non-Indians own about 30 Non-Indians own about 30 percent of the fee or state lands percent of the fee or state lands on the reservation; the tribe is on the reservation; the tribe is looking to purchase more land.looking to purchase more land.

Five Districts: Five Districts: Busby, Lame Busby, Lame Deer, Ashland, Birney, and Deer, Ashland, Birney, and MuddyMuddy

Rocky Boy’s ReservationRocky Boy’s Reservation Home to the Chippewa and Home to the Chippewa and

CreeCree Reservation established by Reservation established by

executive order in April of 1916, executive order in April of 1916, the smallest and last reservation the smallest and last reservation to be established in Montanato be established in Montana

Total population of reservation Total population of reservation approx. 5,000approx. 5,000 number of enrolled Chippewa number of enrolled Chippewa

Cree members 3,750Cree members 3,750 LandLand Total acres 122,259 Total acres 122,259 All of the acreage is held in trust All of the acreage is held in trust

for the entire tribe; it is for the entire tribe; it is unallottedunallotted

College:College: Stone Child Stone Child CollegeCollege

Rocky Boy Agency

Montana Urban IndiansMontana Urban Indians The term Urban Indian is The term Urban Indian is

sometimes confusing and sometimes confusing and complex, even among Indian complex, even among Indian people themselves. Because of the people themselves. Because of the divisions and disenfranchisement, divisions and disenfranchisement, Indian people in Montana have Indian people in Montana have been split into many communities, been split into many communities, social structures, cultural groups social structures, cultural groups and economic strata. This has and economic strata. This has resulted in reservation and off-resulted in reservation and off-reservation Indians, enrolled and reservation Indians, enrolled and non-enrolled Indians, treaty and non-enrolled Indians, treaty and non-treaty Indians, Indian non-treaty Indians, Indian reservations and Indian country, reservations and Indian country, trust and non-trust lands, etc. trust and non-trust lands, etc. This condition has sometimes This condition has sometimes caused strained relationships caused strained relationships between the various groups and between the various groups and has led to confusion for young has led to confusion for young people.people.

Most of the urban Indian populations Most of the urban Indian populations were created after W.W.II, when the were created after W.W.II, when the federal government embarked on a federal government embarked on a policy to terminate federal recognition policy to terminate federal recognition and services to reservations, and then and services to reservations, and then later, during the 40’s and 50’s, to later, during the 40’s and 50’s, to relocate them to cities. This policy relocate them to cities. This policy moved several hundred thousand moved several hundred thousand Indian people from reservations to Indian people from reservations to cities.cities.

Montana Wyoming Tribal Leadership Council

Indian Education for AllIndian Education for All Montana 1972 Constitution: “The state recognizes Montana 1972 Constitution: “The state recognizes

the distinct and unique cultural heritage of American the distinct and unique cultural heritage of American Indians and is committed in its educational goals to Indians and is committed in its educational goals to the preservation of their cultural integrity.the preservation of their cultural integrity.

In 1999, House Bill 528 became law: “Every In 1999, House Bill 528 became law: “Every Montanan…whether Indian or non-Indian, [shall] be Montanan…whether Indian or non-Indian, [shall] be encouraged to learn about the distinct and unique encouraged to learn about the distinct and unique heritage of American Indians in a culturally heritage of American Indians in a culturally responsive manner…all school personnel should have responsive manner…all school personnel should have an understanding and awareness of American Indian an understanding and awareness of American Indian tribes to help them relate effectively with American tribes to help them relate effectively with American Indian students and parents…Every educational Indian students and parents…Every educational agency and all educational personnel will work agency and all educational personnel will work cooperatively with Montana tribes…when providing cooperatively with Montana tribes…when providing instruction and implementing an educational goal.”instruction and implementing an educational goal.”