Indian Claims Commission

The Indian Claims Commission (ICC) was a judicial relations arbiter between the United States federal government and Native American tribes. It was established under the Indian Claims Act of 1946 by the United States Congress to hear any longstanding claims of Indian tribes against the United States.^[1] It took until the late 1970s to complete most of them, with the last case finished in the early 21st century.

The Indian Claims Commission was created on August 13, 1946, after nearly 20 years of Congressional debates. Its purpose was to serve as a tribunal for hearing claims against the United States arising prior to that date by any Indian tribe or other identifiable group of Indians living in the United States. In this it exercised primary jurisdiction that formerly rested with the United States Court of Claims. The Court of Claims had jurisdiction over claims arising after August 13, 1946 and subsequently after the ICC ended its operations on April 10, 1977 on any claims filed with the ICC and not yet fully resolved.

The commission was conceived as way to thank Native Americans for their unprecedented service in World War II and as a way to relieve the anxiety and resentment caused by the United States' history of colonization of indigenous peoples. Together with the law, the Commission created a process for tribes to address their grievances against the United States, and offered monetary compensation for territory lost as a result of broken federal treaties. However, by accepting the government's monetary offer, the aggrieved tribe abdicated any right to raise their claim again in the future. On occasion, a tribe gave up federal recognition as part of the settlement of a claim.

Anthropologists and ethnologists, historians and legalists, as well as government officials including lawyers, were the dominant researchers, advocates, and legal counsel for the plaintiff tribes and the defendant federal government. The greatly expanded amount of anthropological research conducted for the Commission led to the foundation of the American Society for Ethnohistory (ASE). The research and historical reports compiled in evidence for Native American claims was first amassed in 1954 at the inaugural Ohio Valley Historic Indian Conference, the predecessor organization later renamed the ASE. A collection of the studies was published in the series "American Indian Ethnohistory" by Garland Publishing in 1974. The methodology and theory of ethnohistorical research in general traces back to the work done by anthropologists and other scholars on claims before the Commission.^[2]

With the chance to pursue claims against the government, many neglected Indian groups in the Southeast, the Northeast, and California organized tribal governments in order to pursue their claims, particularly for land. In particular, the 1946 act allowed any "identifiable" group of native descendants to bring a cause of action without regard to their federal recognition status. Tribes such as the Poarch Band of Creek Indians of Alabama trace their modern federal status to the efforts of Chief Calvin McGhee and his 1950s work with the Indian Claims Commission. Indian land claims were one of the key reasons the Bureau of Indian Affairs established its administrative Federal Acknowledgment Process in 1978.

The Commission was adjourned in 1978 by Public Law 94-465,^[3] which terminated the Commission and transferred its pending docket of 170 cases to the United States Court of Claims on September 30, 1978. By the time of the Commission's final report, it had awarded $818,172,606.64 in judgments and had completed 546 dockets.^[4][5]