Who controls the word "Indian": the paper decides

SUMMARYWho controls the word "Indian": the paper decides (agent report, Nov 7, 2026; Tito: "go deeper on their actual control of american indian wording"; follows P843). Full dossier with a summary table and about 50 opened sources: agent-reports/indian-wording-control.md. (1) CRAFTS, Record: IACA (18 U.S.C. §1159; 25 CFR §309.24): "Indian," "Native American" or a tribe name without a qualifier means the maker is a tribe member or tribe-certified artisan (state-recognized tribes count); the rule's own example says a non-member descendant "may not be described... as an Indian" but may truthfully say "of Indian descent." Penalties: a first offense on goods worth $1,000 or more, up to $250,000 and/or 5 years; a business up to $1M; repeat up to 15 years or $5M. Real sentences have been light (Whetstone 2015, falsely claimed Cherokee: 3 years' probation; Farinango Muenala 2026, Philippine-made jewelry sold as Pueblo: 3 years' probation, $25,000). No rule or case on "Indigenous," "Native" or "Aboriginal" alone (Open); "-style"/"-inspired" treated as qualifiers (Waldron 2005), sufficiency Disputed. (2) RECOGNITION, Record: 25 CFR Part 83 demands identity, community and political authority continuously "since 1900," plus descent, with a federal roll the preferred proof. 574 tribes on the 2024 list; the Lumbee recognized by Congress Dec 18, 2025 (called the 575th; per the agent's sources). Part 83 has acknowledged 18 groups and denied 34; the Houma's negative proposed finding (1994) still has no final decision. (3) BLOOD CARDS, Record: the BIA's CDIB traces birth certificates back to an ancestor on a federal base roll, each parent passing half their degree; some rolls are conclusive by law even when wrong, and an ancestor on a FREEDMEN card gives ZERO degree. The form says proof of Indian blood "is required to receive Federal program services." (4) EAGLE FEATHERS, Record: 50 CFR §22.60 permits require enrollment in a federally recognized tribe; the 2012 DOJ no-prosecution policy leaves out state-recognized members; Wilgus (10th Cir. 2011) upheld it; McAllen/Soto (5th Cir. 2014) went the other way, but the 2016 settlement covered only those plaintiffs; golden eagle waits 4–9 years. (5) PEYOTE, Record: Employment Division v. Smith (1990) gave no First Amendment protection; the 1994 AIRFA amendments (42 U.S.C. §1996a) protect only members of federally recognized tribes. (6) TRADEMARKS, Record: tribes can block marks falsely suggesting a connection and list insignia at the USPTO; Matal v. Tam (2017) struck the disparagement ban; the "Redskins" cancellation vacated (4th Cir., Jan 18, 2018). (7) CENSUS, Record: the only federal "Indian" count with no paper test; the 1977 and 1997 definitions required tribal affiliation or community ties; the 2024 revision rests on self-identification; in Sept 2026 the Census Bureau proposed removing race questions from the decennial short form (per the agent's sources). (8) FREEDMEN, Record: Cherokee, Nash (2017) and the 2021 tribal ruling striking "by blood"; Muscogee, the tribal Supreme Court voided "by blood" July 23, 2025, the chief paused cards, Freedmen sued in federal court July 2026; Seminole, Davis (2003) dismissed on tribal immunity; Choctaw "by blood" since 1983; Chickasaw never adopted its Freedmen. In every case the deciding document is WHICH DAWES CARD an ancestor was put on. (9) VIRGINIA, Record: the 1924 Act's "Pocahontas exception" let whites claim up to 1/16 Indian blood; the 1930 amendment counted only reservation Indians with at least 1/4 blood, so off-reservation Indians became "colored"; the 2018 federal recognition law for six Virginia tribes itself records Plecker's record changes, yet Part 83 still demands paper continuity since 1900. PATTERN, Record: the US decides by paper, in order: the federal list, then state recognition, then descent; the same paper that reclassified the families (the freedmen card, Plecker's changes) is the paper later demanded as proof. Mexico decides by self-identification (Constitution Art. 2), protects culture at the community level with 2–8 years in prison for cultural appropriation (2022 law, Art. 75), and issues no individual certificate

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