WARDSHIP

There has been some confusion regarding the status of American Indians because of the common notion that Indians are "wards" of the federal government. The federal government is a trustee of Indian property, not the guardian of individual Indians. In this sense, the term "ward" is inaccurate. Indians are subject to a wide variety of federal limitations on the distribution of property, and assets and income derived from property in federal trust. Land held in trust for an Indian tribe or for an Indian individual may not be sold without prior approval of the Secretary of the Interior or his representative (the Bureau of Indian Affairs).

Related restrictions limit the capacity of an Indian to contract with a private attorney and limit the heirship distribution of trust property. Many Americans erroneously believe that as wards of the federal government, Indians must stay on reservations (50) and that they receive gratuitous payments from the federal government. Indians do not, in fact, receive payments merely because they are Indians. "Payments may be made to Indian tribes or individuals for losses which resulted from treaty violations...individuals may also receive government checks for income from their land and resources, but only because the assets are held in trust by the Secretary of the Interior, and payment for the use of the Indian resources has been collected by the federal government."(51)

Like other citizens, Indians may hold federal, state and local office, are subject to the draft, may sue and be sued in state courts, (52) may enter into contracts, may own property and dispose of property (other than that held in trust) and, as stated before, pay taxes. The large number of federal and state laws and provisions, which in the past denied Indians political rights and public benefits, have either been legislatively repealed, ruled invalid by the judicial branch or remain unenforced.

NOTES:
50) Although originally true, this has not been the case for decades.
51) United States Department of the Interior, Bureau of Indian Affairs, May 1968.
52) In Re Celestine, 114 Sed. 551 (1902).


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