A central concern of the national government was regulating the relationships that existed between Americans and the indigenous populations.
- The Nonintercourse Act.
The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the United States Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set boundaries of American Indian reservations. The various acts were also intended to regulate commerce between White Americans and citizens of Indigenous nations. The most notable provisions of the act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783.
- Aboriginal title in the United States.
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust.
- Indian Agents.
The federal regulation of Indian affairs in the United States first included development of the position of Indian agent in the Nonintercourse Act of 1793, a revision of the original 1790 law. This required land sales by or from Indians to be federally licensed and permitted. The legislation also authorized the President to "appoint such persons, from time to time, as temporary agents to reside among the Indians," and guide them into acculturation of American society by changing their agricultural practices and domestic activities. Eventually, the U.S. government ceased using the word "temporary" in the Indian agent's job title.
