9.4 California Indian land claims and the Indian Claims Commission

The Indian Claims Commission (ICC) emerged in post-WWII America to address Native American land claims. It aimed to compensate tribes for historical losses and treaty violations, but faced challenges in California due to unratified treaties and massive Gold Rush-era land grabs.

California tribes struggled with limited documentation and legal representation in ICC proceedings. While the ICC acknowledged historical injustices, its monetary awards based on historical land values were often inadequate. The process highlighted ongoing land rights issues and laid groundwork for future negotiations.

Historical Context and Purpose of the ICC

Historical context of ICC

Top images from around the web for Historical context of ICC

• 

  From Illustration to Evidence: Centring Historical Photographs in Native Land Claims View original

  Is this image relevant?

• 

  Indian Claims Commission - Wikipedia View original

  Is this image relevant?

• 

  Free Soil, Free Labor, Free Men | US History I (AY Collection) View original

  Is this image relevant?

• 

  From Illustration to Evidence: Centring Historical Photographs in Native Land Claims View original

  Is this image relevant?

• 

  Indian Claims Commission - Wikipedia View original

  Is this image relevant?

1 of 3

Top images from around the web for Historical context of ICC

• 

  From Illustration to Evidence: Centring Historical Photographs in Native Land Claims View original

  Is this image relevant?

• 

  Indian Claims Commission - Wikipedia View original

  Is this image relevant?

• 

  Free Soil, Free Labor, Free Men | US History I (AY Collection) View original

  Is this image relevant?

• 

  From Illustration to Evidence: Centring Historical Photographs in Native Land Claims View original

  Is this image relevant?

• 

  Indian Claims Commission - Wikipedia View original

  Is this image relevant?

1 of 3

• Post-World War II political climate sparked shift in federal Indian policy and raised awareness of Native American issues

• Legal background limited tribes' ability to sue federal government or bring land claim cases to U.S. Court of Claims

• ICC established by Indian Claims Commission Act of 1946 provided 5-year filing window for tribes (later extended)

• ICC aimed to compensate tribes for historical land losses, address treaty violations, and settle claims against U.S. government

• ICC jurisdiction covered claims before August 13, 1946 and offered only monetary compensation, not land restoration

California Native American Land Claims and ICC Proceedings

ICC's role in California claims

• California tribes faced unique challenges due to unratified treaties of 1851-1852 and massive land loss during Gold Rush

• ICC process required tribes to file claims and prove land ownership/loss within designated timeframe

• Tribes struggled with limited documentation of historical boundaries and difficulty proving aboriginal title

• Legal representation issues included shortage of Indian law attorneys and financial constraints

• Evidentiary hurdles forced reliance on oral histories and need for expert witnesses (anthropologists)

Outcomes of ICC land cases

• Notable cases: Pit River Tribe v. United States (Docket 347) claimed 3.5 million acres, ICC ruled on aboriginal title and valuation

• Indians of California v. United States (Docket 31) consolidated multiple tribes' claims for 64 million acres

• Monetary awards calculated using historical land prices with deductions for previous payments and "gratuitous offsets"

• Awards distributed through per capita payments to tribal members or establishment of tribal trust funds

Effectiveness of ICC resolutions

• ICC acknowledged historical injustices and provided some financial compensation

• Limitations included inability to restore actual land and inadequate compensation based on historical values

• Impact on tribal sovereignty reinforced government-to-government relationships and recognized historical territories

• Long-term consequences perpetuated loss of ancestral lands and ongoing struggles for land rights

• ICC legacy increased awareness of Native land issues and laid foundation for future negotiations

• Critiques highlighted adversarial nature of proceedings and narrow definition of compensable claims