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4.3 Evolution of federal Indian policy
Last Updated on August 9, 2024
Federal Indian policy has evolved significantly since the nation's founding. Early policies focused on regulating trade and forcibly relocating tribes, leading to devastating consequences like the Trail of Tears. Later, the government established reservations and attempted to break up tribal lands through allotment.
The 20th century saw major shifts in policy. The Indian Reorganization Act promoted tribal self-governance, while the Termination Era sought to end federal recognition of tribes. More recently, self-determination policies have empowered tribes to manage their own affairs and preserve their cultural heritage.
Early Federal Indian Policy
Trade and Intercourse Acts and Indian Removal
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- Trade and Intercourse Acts regulated interactions between Native Americans and non-Native settlers
- Enacted between 1790 and 1834
- Aimed to protect Native American land rights and regulate trade
- Required federal licenses for trading with Native Americans
- Prohibited non-Native settlement on Native lands without federal approval
- Indian Removal Era marked a shift in federal policy towards forced relocation
- Indian Removal Act of 1830 authorized the president to negotiate treaties for land exchanges
- Resulted in the forced removal of many Eastern tribes to lands west of the Mississippi River
- Trail of Tears exemplified the devastating impact on Cherokee, Chickasaw, Choctaw, Muscogee, and Seminole tribes
- Approximately 100,000 Native Americans were forcibly relocated during this period
Reservation and Allotment Eras
- Reservation Era established designated areas for Native American tribes
- Began in the mid-19th century as westward expansion increased
- Treaties defined boundaries of tribal lands
- Aimed to confine Native Americans to specific areas and open up land for white settlement
- Often resulted in the loss of traditional hunting and gathering grounds
- Allotment and Assimilation Era sought to break up tribal lands and assimilate Native Americans
- Dawes Act of 1887 divided reservation lands into individual plots
- Aimed to promote individual land ownership and agricultural practices
- Surplus lands were sold to non-Native settlers
- Resulted in significant loss of Native American land holdings (reduced from 138 million acres to 48 million acres by 1934)
- Carlisle Indian Industrial School (founded in 1879) became a model for forced assimilation through education
20th Century Reforms
Indian Reorganization Act and Termination Era
- Indian Reorganization Act of 1934 marked a shift towards tribal self-governance
- Also known as the "Indian New Deal"
- Ended the allotment policy and restored some lands to tribal ownership
- Encouraged tribes to adopt constitutions and establish formal tribal governments
- Provided funds for economic development and education
- Termination Era aimed to end federal recognition and support for tribes
- Began in the 1940s and continued through the 1960s
- House Concurrent Resolution 108 (1953) called for the end of federal supervision over certain tribes
- Public Law 280 (1953) transferred federal jurisdiction to certain states
- Resulted in the termination of over 100 tribes and bands
- Led to loss of tribal lands, resources, and cultural identity for affected tribes
Self-Determination Era and Policy Shifts
- Self-Determination Era empowered tribes to manage their own affairs
- Began in the late 1960s and continues to the present
- Emphasized tribal sovereignty and self-governance
- President Nixon's 1970 address to Congress called for a new federal policy of self-determination
- Resulted in increased tribal control over education, healthcare, and economic development
- Policy shifts included restoration of federal recognition for some terminated tribes
- Menominee Restoration Act of 1973 served as a model for other tribes seeking restoration
- Increased focus on government-to-government relationships between tribes and federal agencies
- Expansion of tribal jurisdiction over certain criminal and civil matters on reservations
Key Legislation
Indian Self-Determination and Education Assistance Act
- Indian Self-Determination and Education Assistance Act of 1975 promoted tribal autonomy
- Allowed tribes to contract with the federal government to manage their own programs
- Included education, healthcare, housing, and other social services
- Provided funding and technical assistance for tribal program management
- Amendments in 1988 and 1994 expanded tribal authority and simplified contracting processes
- Act led to significant improvements in tribal service delivery
- Increased tribal employment opportunities
- Enhanced cultural relevance of programs and services
- Improved efficiency and responsiveness to community needs
Protection of Native American Rights and Cultural Heritage
- Indian Child Welfare Act of 1978 addressed issues of Native American family separation
- Established standards for removal and placement of Native American children in foster care
- Gave tribal courts jurisdiction over certain child custody cases
- Aimed to preserve Native American families and cultural identity
- Required active efforts to prevent breakup of Native American families
- Native American Graves Protection and Repatriation Act of 1990 protected cultural artifacts
- Required federal agencies and institutions to return Native American cultural items to tribes
- Included human remains, funerary objects, sacred objects, and objects of cultural patrimony
- Established a process for repatriation and guidelines for excavations on federal and tribal lands
- Strengthened tribal control over their cultural heritage and ancestral remains
Key Terms to Review (20)
Indian Child Welfare Act: The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 to protect the best interests of Native American children and to promote the stability and security of Native American families and tribes. The ICWA establishes standards for the removal of Native American children from their families and prioritizes placing them with relatives or within their tribal communities, acknowledging the importance of cultural identity. This act is crucial in addressing historical injustices faced by Native American families, especially in the context of family separations and custody battles.
Native American Graves Protection and Repatriation Act: The Native American Graves Protection and Repatriation Act (NAGPRA) is a U.S. federal law enacted in 1990 that provides a process for museums and federal agencies to return Native American cultural items, including human remains and sacred objects, to their respective tribes. This act recognizes the rights of Native Americans to their ancestral remains and cultural heritage, reflecting broader issues of sovereignty, identity, and cultural preservation.
Reservation era: The reservation era refers to the period in American history, primarily during the 19th century, when the U.S. government established designated areas of land for Native American tribes, known as reservations. This era marked a significant shift in federal Indian policy as it aimed to confine tribes to specific territories while promoting assimilation and undermining their sovereignty, culture, and traditional ways of life.
Allotment and Assimilation Era: The Allotment and Assimilation Era refers to a period in U.S. history, particularly from the late 19th century to the early 20th century, when the federal government implemented policies aimed at breaking up Native American communal land holdings and promoting assimilation into Euro-American culture. These policies, epitomized by the Dawes Act of 1887, sought to transform Native Americans into individual landowners and citizens, often leading to significant loss of tribal lands and cultural identity.
Trade and Intercourse Acts: The Trade and Intercourse Acts were a series of laws enacted by the United States Congress beginning in 1790, aimed at regulating trade between Native American tribes and non-Native settlers. These acts sought to control commerce and maintain peaceful relations, while also asserting federal authority over Indian affairs and protecting tribal lands from encroachment. They laid the groundwork for future federal Indian policy by establishing legal frameworks for treaties and trade interactions with Native nations.
House Concurrent Resolution 108: House Concurrent Resolution 108 was a significant legislative measure passed by the U.S. Congress in 1953, aimed at terminating the special relationship between the federal government and Native American tribes. This resolution marked a shift in federal Indian policy towards assimilation and encouraged the dismantling of tribal governments and reservations, impacting the sovereignty and rights of Native American communities.
Menominee Restoration Act: The Menominee Restoration Act is a significant piece of legislation enacted in 1973 that restored federal recognition to the Menominee Tribe of Wisconsin, reversing their termination status from 1961. This act not only reinstated their rights to land and sovereignty but also marked a pivotal moment in the evolution of federal Indian policy, reflecting a shift from assimilation and termination towards self-determination and tribal sovereignty.
Self-determination era: The self-determination era refers to a period, primarily during the 1960s through the 1980s, when Native American tribes sought to regain control over their governance, rights, and resources. This era marked a shift in federal Indian policy from termination and assimilation to a focus on tribal sovereignty and self-governance, empowering tribes to make decisions that directly affect their communities.
Public Law 280: Public Law 280 is a federal statute enacted in 1953 that allows certain states to assume jurisdiction over criminal and civil matters on Native American reservations. This law reflects a significant shift in federal Indian policy by promoting state authority in areas traditionally governed by tribal sovereignty, raising complex issues related to tribal jurisdiction and identity.
Carlisle Indian Industrial School: The Carlisle Indian Industrial School was the first federally funded boarding school for Native American students, established in 1879 in Carlisle, Pennsylvania. Its purpose was to assimilate Native American children into Euro-American culture by educating them in English, vocational skills, and Western values while erasing their Indigenous identities. The school is a critical example of broader federal policies aimed at controlling Native American populations and enforcing cultural assimilation.
Dawes Act: The Dawes Act, enacted in 1887, aimed to assimilate Native Americans into American society by allotting them individual plots of land and granting U.S. citizenship. This act marked a significant shift in federal policy from recognizing tribal sovereignty to promoting individual land ownership, which ultimately led to the fragmentation of tribal lands and communities.
Indian Self-Determination and Education Assistance Act: The Indian Self-Determination and Education Assistance Act, enacted in 1975, allows tribes to take greater control over their own affairs, particularly in education and social services. This act empowers tribes to contract with the federal government to manage programs that were previously administered by federal agencies, which enhances tribal sovereignty and self-governance.
Termination era: The termination era refers to a period in U.S. history, particularly during the 1950s and 1960s, when the federal government shifted its policy towards Native American tribes from one of recognition and support to one of assimilation and eventual disbandment. This era aimed to terminate the special relationship between tribes and the federal government, ultimately leading to the dissolution of tribal lands and sovereignty. The termination era also set the stage for urban migration among Native Americans, as many relocated to cities seeking better opportunities amidst these policy changes.
Self-determination: Self-determination refers to the right of individuals and communities, particularly Indigenous peoples, to freely determine their political status and pursue their economic, social, and cultural development. This concept is pivotal for understanding the autonomy and governance of Native American tribes, connecting to their historical struggles and ongoing efforts for sovereignty and recognition.
Federal Recognition: Federal recognition refers to the formal acknowledgment by the United States government of a tribe's existence as a sovereign entity. This recognition is essential for tribes to receive various federal benefits, including access to services, funding, and the ability to govern themselves. It also plays a critical role in shaping Native American identity, defining the legal status of tribes, and influencing their relationships with federal and state governments.
Indian Reorganization Act: The Indian Reorganization Act (IRA), enacted in 1934, aimed to reverse the assimilationist policies of the Dawes Act and restore some degree of self-governance and tribal sovereignty to Native American tribes. This legislation sought to promote the cultural identity of Native Americans while allowing tribes to create their own governments and manage their own affairs, impacting various aspects of Native American identity and governance.
Cultural heritage: Cultural heritage refers to the legacy of physical artifacts, intangible attributes, traditions, and values that are passed down through generations within a community. This concept encompasses the stories, languages, rituals, and customs that define a group's identity and connect them to their past. Understanding cultural heritage is crucial for appreciating the unique perspectives of diverse communities and highlights the importance of preserving these elements amid modern challenges.
Trail of Tears: The Trail of Tears refers to the forced relocation of thousands of Native Americans from their ancestral lands in the southeastern United States to designated Indian Territory west of the Mississippi River during the 1830s. This tragic event resulted in immense suffering, loss of life, and the erosion of Native American cultures and communities.
Tribal sovereignty: Tribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves and make decisions regarding their internal affairs without external interference. This concept is foundational for understanding the relationship between Native American tribes and the federal government, as it highlights the rights of tribes to self-determination and self-governance.
Indian Removal Act: The Indian Removal Act of 1830 was a law that authorized the forced relocation of Native American tribes from their ancestral lands in the southeastern United States to designated Indian Territory west of the Mississippi River. This act aimed to clear land for white settlers and has had long-lasting effects on Native American communities and cultures.