Saturday, March 20, 2010

Records Concerning American Indians

Records Concerning American Indians

At some point in the research, the researcher will have identified the tribal affiliation of one's

ancestor(s). Now is the time to begin research in records about American Indians. The Native

American collection at the National Archives includes special censuses, school records, and

allotment records. For more information concerning the special censuses of various tribes, the

National Archives offers:

Microfilm Publication M1791

American Indian Censuses

The Special Census of Indians, 1880.

BIA Offices

If your ancestors had land in trust or went through probate, the BIA field offices in selected areas

throughout the United States may have some records concerning Indian ancestry. However, the

BIA field offices do not maintain current or historic records of all individuals who possess some

degree of Indian blood. The records the BIA holds are current rather than historic tribal

membership enrollment lists. These lists (commonly called "rolls") do not have supporting

documentation (such as birth certificates) for each tribal member listed. The BIA created these

rolls while the BIA maintained tribal membership rolls.

The BIA no longer has extensive involvement in tribal membership.

Current Federal policy and case law limits the involvement of the BIA

in tribal membership matters unless mandated by congressional

legislation, or is required by the tribe's governing document or

otherwise requested by the tribe.

When you contact a BIA field office, be prepared to give the name of the tribe, the name(s) and

birth dates of ancestor(s), and relationships. You must provide specific information otherwise

field offices (and other institutions) probably cannot provide much useful information.

The Privacy Act, 5 U.S.C. §552(a) protects the current tribal membership rolls and lists that the

BIA maintains. Submitting a request for genealogical information under the Freedom of

Information Act, 5 U.S.C. §552, is not necessary for records compiled and published by private

institutions or available in census records declassified by the National Archives.

WHAT DO I DO IF I WAS ADOPTED?

The Bureau of Indian Affairs cannot help you with your pursuit with opening sealed adoption

papers. There are organizations that can be found on the Internet that can assist you with

information on what procedures or information may be needed. The BIA does not endorse or

recommend any of them. You will need to obtain legal advice from a lawyer that deals with this

area of the law.

IF YOU DO NOT WANT TO DO THE WORK YOURSELF

If an individual does not wish to conduct their own research, researchers are available for a fee.

Please write to the Board of Certification of Genealogists or the Association of Professional

Genealogists and request their listings of genealogical researchers for hire. Their addresses are:

Board of Certification of Genealogists

P.O. Box 14291

Washington, D.C. 20044

Association of Professional Genealogists

P.O. Box 40393

Denver, Colorado 80204

Cherokee Indian Ancestry

We have many requests on how to trace your Indian ancestry if it is Cherokee that we have

provided a section for that purpose. The information on How to Locate the Dawes Rolls is

useful to those trying to locate an ancestor that was from one of the five-civilized-tribes which is

made up of Chickasaw, Choctaw, Seminole, Creek, and Cherokee Indians.

Brief Overview of Cherokee History

About 200 years ago the Cherokee Indians were one tribe, or "Indian Nation" that lived in the

southeast part of what is now the United States. During the 1830's and 1840's, the period covered

by the Indian Removal Act, many Cherokees were moved west to a territory that is now the State

of Oklahoma. A number remained in the southeast and gathered in North Carolina where they

purchased land and continued to live. Others went into the Appalachian Mountains to escape

being moved west and many of their descendants may still live there now.

Today, individuals of Cherokee ancestry fall into the following categories:

(1) Living persons who were listed on the final rolls of the Cherokee Nation of

Oklahoma (Dawes Commission Rolls) that were approved and descendants of

these persons. These final rolls were closed in 1907.

(2) Individuals enrolled as members of the Eastern Band of Cherokee

Indians of North Carolina and their descendants who are eligible for

enrollment with the Band.

(3) Persons on the list of members identified by a resolution dated April 19, 1949,

and certified by the Superintendent of the Five Civilized Tribes Agency and their

descendants who are eligible for enrollment with the United Keetoowah Band of

Cherokee Indian of Oklahoma.

(4) All other persons of Cherokee Indian ancestry.

After about a half century of self-government, a law enacted in 1906 directed that final rolls be

made and that each enrollee be given an allotment of land or paid cash in lieu of an allotment.

The Cherokees formally organized in 1975 with the adoption of a new Constitution that

superseded the 1839 Cherokee Nation Constitution. This new Constitution establishes a

Cherokee Register for the inclusion of any Cherokee for membership purposes in the Cherokee

Nation. Members must be citizens as proven by reference to the Dawes Commission Rolls.

Including in this are the Delaware Cherokees of Article II of the Delaware Agreement dated May

8, 1867, and the Shawnee Cherokees of Article III of the Shawnee Agreement dated June 9,

1869, and/or their descendants.

P.L. 100-472, authorizes through a planning and negotiation process Indian Tribes to administer

and manage programs, activities, function, and services previously managed by the Bureau of Indian Affairs. Pursuant to P.L. 100-472 the Cherokee Nation of Oklahoma has entered into a

Self-governance Compact and now provides those services previously provided by the BIA.

Enrollment and allotment records are maintained by the Cherokee Nation. Any question with

regard to the Cherokee Nation should be referred to:

Cherokee Nation of Oklahoma

P.O. Box 948

Tahlequah, OK 74465

Phone: (918) 456-0671; Fax: (918) 458-5580

www.cherokee.org

The Eastern Band of Cherokee Indians of North Carolina is a federally recognized tribe and has

its own requirements for membership. Inquiries as to these requirements or for information

shown in the records may be addressed to the BIA Cherokee Agency, 441 North, 257 Tsali

Blvd., Cherokee, NC 28719, Phone: (828) 497-9131, Fax: (828) 497-6715, or to the tribe at:

Eastern Band of Cherokee Indians

Qualla Boundary, P.O. Box 455

Cherokee, NC 28719

Phone: (828) 497-2771; Fax: (828) 497-7007

ask for the Tribal Enrollment Office

www.cherokee-nc.com

By the Act of August 10, 1946, 60 Stat. 976, Congress recognized the United Keetoowah Band

of Cherokee Indians in Oklahoma (UKB) for the purposes of organizing under the Oklahoma

Indian Welfare Act. In 1950, the UKB organized under a Constitution and Bylaws approved by

the Secretary of the Interior. Members of the UKB consist of all persons whose names appear on

the list of members identified by a resolution dated April 19, 1949, and certified by the

Superintendent of the Five Civilized Tribes Agency on November 26, 1949, with the governing

body of the UKB having the power to prescribe rules and regulations governing future

membership. The supreme governing body (UKB Council) consists of nine members who

represent the nine districts of the old Cherokee Nation and four officers who are elected at-large.

Information may be obtained by writing:

United Keetoowah Band of Cherokee Indians

P.O. Box 746

Tahlequah, OK 74465

Phone: (918) 431-1818; Fax: (918) 431-1873

http://www.unitedkeetoowahband.org

Information about Indian ancestry of individuals in this category of Cherokees is more difficult

to locate. This is primarily because the federal government has never maintained a list of all the

persons of Cherokee Indian descent, indicating their tribal affiliation, degree of Indian blood or

other data. In order to establish Cherokee ancestry you should use the same methods prescribed

in "Indian Ancestry" and "Genealogical Research" material.

Locating the Dawes Rolls

The Dawes Commission was organized in 1893 to accept applications for tribal enrollment

between 1899 and 1907 from American Indians of the Five Civilized Tribes who resided in the

Indian Territory, which later became the eastern portion of Oklahoma. The Five Civilized Tribes

consist of the Cherokee, Choctaw, Creek, Seminole, and Chickasaw Indians.

There are several places to get access to the Dawes rolls to see if your ancestor is listed, here are

three locations.

National Archives & Records Administration

Southwest Region

P.O. Box 6216

Fort Worth, TX 76115

Phone: 817-334-5621

Email: archives@ftworth.nara.gov

URL: www.nara.gov

Oklahoma Historical Society

Archives and Manuscripts Division

2100 N. Lincoln Blvd.

Oklahoma City, OK 73105

Phone: 405-521-2491

Tulsa City-County Library

400 Civic Center

Tulsa, OK 74103

Phone: 918-596-7977

URL: www.tulsalibrary.org

Collection: www.tulsalibrary.org/collections/genealogy/roll-text.htm

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Friday, March 12, 2010

Enrollment in a Federally Recognized Tribe contd.

Where to look for records?

IN PUBLIC LIBRARIES AND OTHER REPOSITORIES

Visiting the local library is a good starting point for gathering facts about Indians and Indian tribes. A wealth of information exists concerning the history of Indian tribes, tribal cultures, the historic tribal territories, and the migration patterns. Most libraries also have books on how to do genealogical research. The genealogical research books give a good understanding of standard research techniques.

Researchers can also contact genealogical organizations, historical societies, and other private institutions. For example, the Family History Centers are "branch offices" of the Family History Library of the Church of Jesus Christ of Latter-day Saints (Mormon). This private institution contains a large collection of genealogical documents relating to Indians that may be useful in research.

ON THE FEDERAL LEVEL

Records Concerning Public

The National Archives (Archives) in Washington, D.C. has records of genealogical value. The Federal government took the census every ten years since 1790 and is a very good source of information for individuals who are trying to identify their ancestors. Census records from 1790-

1920 are available on microfilm in the National Archives' regional branches. Seventeen branch offices are in major metropolitan areas throughout the country. A brochure describing the branch offices is available from:

The Archives at: National Archives and Records Administration, Publication and Distribution Staff (NECD), Room G-3, Eighth St. and Pennsylvania Ave., NW Washington, D.C. 20408-0001.

The National Archives also has military and service related records, passenger arrival records, and other records of value to persons involved in genealogical research. A copy of the free leaflet, Genealogical Records in the National Archives is available on request.

The National Archives has various publications for sale. The Archives have microfilmed all censuses. Individuals can purchase copies of the microfilm rolls and associated genealogical materials. Various rolls of microfilm are available for rental at the National Archives.

The telephone number for rental and sales requests is:

1-800-234-8861

The National Archives Internet address is www.nara.gov.

 

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Enrollment in a Federally Recognized Tribe

What is the purpose of tribal enrollment?
Tribal enrollment requirements preserve the unique character and traditions of each tribe. The
tribes establish membership criteria based on shared customs, traditions, language and tribal
blood.
What are tribal membership requirements?
Tribal enrollment criteria are set forth in tribal constitutions, articles of incorporation or
ordinances. The criterion varies from tribe to tribe, so uniform membership requirements do not
exist.
Two common requirements for membership are lineal decendency from someone named on the
tribe's base roll or relationship to a tribal member who descended from someone named on the
base roll. (A "base roll" is the original list of members as designated in a tribal constitution or
other document specifying enrollment criteria.) Other conditions such as tribal blood quantum,
tribal residency, or continued contact with the tribe are common.
How do I apply for enrollment in a tribe?
After you have completed your genealogical research, documented your ancestry, and
determined the tribe with which your ancestor was affiliated, you are ready to contact the tribe
directly to obtain the criteria for membership.
Rarely is the BIA involved in enrollment and membership. Each tribe determines whether an
individual is eligible for membership. Each tribe maintains its own enrollment records and
records about past members. To obtain information about your eligibility for membership, you
must contact the tribe.
How do I Locate the Tribe I may have Indian Ancestry from?
The Tribal Leaders Directory that is published by the Bureau of Indian Affairs lists all 562
federally recognized American Indian Tribes and Alaska Natives. It also lists all the Regions,
Agencies and Offices within the BIA. Obtain one on-line at www.doi.gov/leaders.pdf or call:
202-208-3710.
Doing the Genealogical Research
DO I NEED TO USE A COMPUTER?
Yes, it cannot be stressed more that the use of a computer is a valuable tool in your effort to do
genealogical research. There are many organizations and individuals that have digitized their
records, pictures and files and placed them on the World Wide Web. The ability to gather
records, current addresses, phone numbers and other vital information that you will use, make it
a necessary tool to use. Computers and the Internet can be accessed at your local public library
or local community college, check in your area.
Once on, there are many sites dedicated to the work of genealogical research, we do not
recommend or endorse any of them. Also, be aware that these sites are usually private, for-profit
and will charge you for their service. All the information they have collected is readily available
for you to collect, if you know where to go and you are willing to do the work.
You should be familiar with the use of a search engine to find web sites that are of interest to
you. Search engines are computer programs that search the Internet for specific words, that you
enter, listed in meta tags of the web site. Use words such as Native American genealogy or
tracing American Indian Ancestry as search words.

HOW DO I BEGIN THE SEARCH FOR MY ANCESTORS?
Start your genealogical research with yourself. Do not begin genealogical research in Indian
records for this can most often be the wrong approach. Instead, begin research in current, rather
than historic records. If an individual is not currently a member of a federally recognized tribe,
band or group research should begin in non-Indian records or other public records such as those
records maintained by state and local governments, churches, and schools.
Individuals should find all the information they can about their parents, grandparents, and more
distant ancestors and write such information down. The most important information is vital
statistics, including ancestral names, dates of birth, marriages (or divorces) and death, the places
where ancestors were born, lived, married, and died. During such research, the goal, especially
for tribal membership purposes, is to establish and document the relationships of Indian
ancestors and to identify the Indian tribe with which their ancestor may have been affiliated.
WHERE DO I LOOK FOR INFORMATION?
AT HOME
The first place to begin genealogical research is at home. Valuable information can be found in
family Bibles, newspaper clippings, military certificates, birth and death certificates, marriage
licenses, diaries, letters, scrapbooks, backs of pictures and baby books.
Relatives, particularly older ones, are another good source of information. Persons doing this
research should visit or write family members who may have the genealogical information that
they are seeking. Someone else in your family may also be working on a family history.
ON THE LOCAL AND STATE LEVEL
It is often useful to check school, church, and county courthouse records for information.
Researchers should not limit the scope of their search to birth, death and marriage records.
Historical and genealogical information can be found in other civil records at the county
courthouse such as deeds, wills, land or other property conveyances.
Write to the Bureau of Vital Statistics, usually in the state capital to request copies of birth, death
and marriage certificates, or divorce decrees. Include the name of the individual, date and place
of birth and your relationship to that person. State governments did not keep birth and death
records until the turn of the century, about 1890-1915, so searches in state records for ancestors
who were born or died before that time may be limited.
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Guide to Tracing Your American Indian Ancestry

Establishing Your American Indian Ancestry

Some people want to become enrolled members of a federally recognized tribe. Others want to verify a family tradition (belief, fact or fiction, passed from generation to generation) that they descended from an American Indian, either in their distant or near past. While others might want just to learn more about the people they descend from and where they lived.

When establishing descent from an Indian tribe for membership and enrollment purposes, the individual must provide genealogical documentation. The documentation must prove that the individual lineally descends from an ancestor who was a member of the federally recognized tribe from which the individual claims descent.

When people believe they may be of American Indian ancestry, they immediately write or telephone the nearest Bureau of Indian Affairs (BIA) office for information. That is not the best place to start. Many people think that the BIA retrieves genealogical information from a massive national Indian registry or comprehensive computer database.

This is not true. Most BIA offices, particularly the central (headquarters, Washington, DC) and area (field) offices do not keep individual Indian records and the BIA does not maintain a national registry. The BIA does not conduct genealogical research for the public.

Myth of the Monthly Check

There has long been a myth that Indians receive a monthly check from the U.S. Government because of their status as Indians. There is no basis for this belief other than misinformation and misconception of the status of American Indians.

Some tribes, tribal members and lineal descendants received payments from the Federal Government resulting from claims settlements.

But there are very few judgment funds per capita payments that remain today. Some tribes distribute payments to enrolled members when revenues from the sale of tribal assets such as timber, hydroelectric power or oil and gas permit.

Many tribes cannot make per capita payments because they do not have natural resources or other revenue from which they make a fund distribution.

Some tribes have successful businesses that do defense contracting, operate casinos and information technology companies, sell spring water and make candy. If profits warrant it, and tribal members approve it.

Funds from those operations can be paid out as monthly, yearly or occasional stipends to tribal members.

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There is a clear distinction between judgment funds and tribal funds. Judgment funds are appropriated by Congress after a claim that is filed by tribes or Indian descendant groups against the United States, is settled. Tribal funds are derived from tribal assets (refer to paragraphs above).

An individual does not have to be an enrolled member of a tribe to receive a final judgment fund payment. An individual must be an enrolled member of a tribe to be eligible to receive payments derived from tribal assets.