Long title | An Act to provide maximum Indian participation in the government and education of the Indian people; to provide for the full participation of Indian tribes in programs and services conducted by the Federal Government for Indians and to encourage the development of human resources of the Indian people; to establish a program of assistance to upgrade Indian education; to support the right of Indian citizens to control their own educational activities; and for other purposes. |
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Nicknames | Indian Educational Reform Act |
Citations | |
Public law | 93-638 |
Statutes at Large | 88 Stat. 2203 |
Codification | |
Titles amended | 25 U.S.C.: Indians |
U.S.C. sections created | 25 U.S.C. ch. 14,subch. II § 5301 et seq. |
Legislative history | |
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United States Supreme Court cases | |
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The Indian Self-Determination and Education Assistance Act of 1975 (Public Law 93-638) authorized the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and some other government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes. The tribes would have authority for how they administered the funds, which gave them greater control over their welfare. The ISDEAA is codified at Title 25, United States Code, beginning at section 5301 (formerly section 450).
Signed into law on January 4, 1975, the ISDEAA made self-determination the focus of government action. [1] The Act reversed a 30-year effort by the federal government under its preceding termination policy to sever treaty relationships with and obligations to Indian tribes. The Act was the result of 15 years of change, influenced by American Indian activism, the Civil Rights Movement, and community development based on grassroots political participation. [2] [3]
The Indian Reorganization Act (IRA) of 1934 was an early step in the renewal of tribal self-governance, in the forms of creation of constitutions and employment of counsel. The IRA was somewhat limited, as all tribal actions were subject to review by the Secretary of the Interior (via the Bureau of Indian Affairs [BIA]).
In the 1950s, some members of Congress passed legislation to renew the effort to have Native Americans assimilate, and to terminate the special relationship between the federal government and tribal nations. The government sought to terminate the legal standing of numerous tribes, judging their members ready to be independent U.S. citizens. More than 100 tribes and communities were terminated under the Indian termination policy.
The failure of termination policies became obvious with assessment by the late 1960s. Native Americans and the federal government began to work for a return to greater Indian rights represented by the earlier IRA. The passage of the Indian Civil Rights Act of 1968 (ICRA) was influential. ICRA guaranteed the application of much of the Bill of Rights in Indian Country, a guarantee which Native Americans on – reservations had not enjoyed.
The rise of activist groups in the 1960s, such as the American Indian Movement (AIM) and alike, and high-profile demonstrations such as the occupation of Alcatraz led by Native American activist Richard Oakes, helped bring the issue of Native American rights to greater prominence in public policy. President Richard Nixon's "Message from the President of the United States Transmitting Recommendations for Indian Policy" (8 July 1970) recommended self-determination for Indian tribes as a goal of the federal government. His message said that termination was an incorrect policy. Nixon called for broad-sweeping self-determination legislation. This goal was met in the Indian Self-Determination and Education Assistance Act or PL 93-638.[ citation needed ]
Implementation of PL 93-638 created a process known as self-determination contracting, under which "the employees and administrative control of an otherwise federal program are transferred to the tribal government via a "638 contract"." [4] Under these contracts, tribes agree to set up a particular program (in areas such as resource management, law enforcement, education, childcare, and environmental protection) while meeting federal requirements and guidelines in order to receive funding and support. The duties entailed in contracts between the federal government and the tribes were assigned to implementing agencies, one of which was the Bureau of Indian Affairs, BIA.[ citation needed ]
The BIA at first resisted this change. The process was strictly for approval of funds for tribal use to conduct their own affairs, for instance, to educate their children. Continued efforts by tribal leaders to obtain the grant money and pressure from Congressional representatives helped bring about a new way of doing business. The influence of the BIA over tribal affairs slowly lessened. [5] In addition, the United States Supreme Court in Cherokee Nation of Oklahoma v. Leavitt [6] found that the Federal government was liable for payments under a 638 contract.[ citation needed ]
Although the 638 contracts provide necessary funding and assistance programs to many tribes, PL 93-638 had significant limitations. For example, tribes did not have the ability to reallocate government funds across different 638-contracted programs to meet shifting needs in their communities. According to section 106c of the law "all contracts between the appropriate Secretary and Indian tribes shall be limited to a term of one (1) to three (3) years," sometimes making it difficult to achieve longer term goals. [7] The 1975 law also allowed either Secretary to annul a 638 contract or reassume control of a program "if he or she finds that the tribal contractor's performance involves the violations of rights...gross negligence or mismanagement in the handling of contract funds." [8]
Amendments have been made by legislators to the Indian Self-Determination and Education Assistance Act.[ citation needed ]
The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian New Deal".
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives, and administering and managing over 55,700,000 acres (225,000 km2) of reservations held in trust by the U.S. federal government for indigenous tribes. It renders services to roughly 2 million indigenous Americans across 574 federally recognized tribes. The BIA is governed by a director and overseen by the Assistant Secretary for Indian Affairs, who answers to the Secretary of the Interior.
The Menominee are a federally recognized tribe of Native Americans officially known as the Menominee Indian Tribe of Wisconsin. Their land base is the Menominee Indian Reservation in Wisconsin. Their historic territory originally included an estimated 10 million acres (40,000 km2) in present-day Wisconsin and the Upper Peninsula of Michigan. The tribe currently has about 8,700 members.
The Choctaw Nation of Oklahoma is a Native American reservation occupying portions of southeastern Oklahoma in the United States. At roughly 6,952,960 acres, it is the second-largest reservation in area after the Navajo, exceeding that of eight U.S. states. The seat of government is located in Durant, Oklahoma.
The Brothertown Indians, located in Wisconsin, are a Native American tribe formed in the late 18th century from communities descended from Pequot, Narragansett, Montauk, Tunxis, Niantic, and Mohegan (Algonquian-speaking) tribes of southern New England and eastern Long Island, New York. In the 1780s after the American Revolutionary War, they migrated from New England into New York state, where they accepted land from the Iroquois Oneida Nation in Oneida County.
In the United States, an American Indian tribe, Native American tribe, Alaska Native village, Indigenous tribe, or Tribal nation may be any current or historical tribe, band, or nation of Native Americans in the United States. Modern forms of these entities are often associated with land or territory of an Indian reservation. "Federally recognized Indian tribe" is a legal term in United States law with a specific meaning.
The Red Power movement was a social movement which was led by Native American youth who demanded self-determination for Native Americans in the United States. Organizations that were part of the Red Power Movement include the American Indian Movement (AIM) and the National Indian Youth Council (NIYC). This movement advocated the belief that Native Americans should have the right to implement their own policies and programs along with the belief that Native Americans should maintain and control their own land and resources. The Red Power movement took a confrontational and civil disobedience approach in an attempt to incite changes in Native American affairs in the United States compared to using negotiations and settlements, which national Native American groups such as National Congress of American Indians had before. Red Power centered around mass action, militant action, and unified action.
Indian termination describes United States policies relating to Native Americans from the mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considered "civilized" had been the basis of policy for centuries. What was new, however, was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans." To that end, Congress set about ending the special relationship between tribes and the federal government.
Federal Indian policy establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Some scholars divide the federal policy toward Indians in six phases: coexistence (1789–1828), removal and reservations (1829–1886), assimilation (1887–1932), reorganization (1932–1945), termination (1946–1960), and self-determination (1961–1985).
Native American recognition in the United States, for tribes, usually means being recognized by the United States federal government as a community of Indigenous people that has been in continual existence since prior to European contact, and which has a sovereign, government-to-government relationship with the Federal government of the United States. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. This recognition comes with various rights and responsibilities. The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership. They may form their own government, enforce laws, tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money.
The Bureau of Indian Affairs building takeover refers to a protest by Native Americans at the Department of the Interior headquarters in the United States capital of Washington, D.C., from November 3 to November 9, 1972. On November 3, a group of around 500 American Indians with the American Indian Movement (AIM) took over the Interior building in Washington, D.C. It being the culmination of their cross-country journey in the Trail of Broken Treaties, intended to bring attention to American Indian issues such as living standards and treaty rights.
The Advisory Council on California Indian Policy (ACCIP) was created by an act of the United States Congress and signed by President George H. W. Bush on October 14, 1992. It provided for the creation of a special advisory council made up of eighteen members with the purpose of studying the unique problems that California Native Americans face in receiving federal acknowledgment. Additionally, they were given the task of studying the social and economic conditions of California natives, “characterized by, among other things, alcohol and substance abuse, critical health problems, family violence and child abuse, lack of educational and employment opportunities, and significant barriers to tribal economic development.” Under the provisions for the act, the Advisory Council was to make recommendations regarding California Indian policy to the Congress and the Departments of the Interior and of Health and Human Services.
Native American self-determination refers to the social movements, legislation and beliefs by which the Native American tribes in the United States exercise self-governance and decision-making on issues that affect their own people.
The Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) simplifies and reorganizes the system of providing housing assistance to federally recognized Native American tribes to help improve their housing and other infrastructure. It reduced the regulatory strictures that burdened tribes and essentially provided for block grants so that they could apply funds to building or renovating housing as they saw fit. This was in line with other federal programs that recognized the sovereignty of tribes and allowed them to manage the funds according to their own priorities. A new program division was established at the Department of Housing and Urban Development (HUD) that combined several previous programs into one block grant program committed to the goal of tribal housing. The legislation has been reauthorized and amended several times since its passage.
The Indian Relocation Act of 1956 was a United States law intended to create a "a program of vocational training" for Native Americans in the United States. Critics characterize the law as an attempt to encourage Native Americans to leave Indian reservations and their traditional lands, to assimilate into the general population in urban areas, and to weaken community and tribal ties. Critics also characterize the law as part of the Indian termination policy between 1940 and 1960, which terminated the tribal status of numerous groups and cut off previous assistance to tribal citizens. The Indian Relocation Act encouraged and forced Native Americans to move to cities for job opportunities. It also played a significant role in increasing the population of urban Native Americans in succeeding decades.
Indian country jurisdiction, or the extent which tribal powers apply to legal situations in the United States, has undergone many drastic shifts since the beginning of European settlement in America. Over time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy toward Indians. Numerous Supreme Court decisions have created important precedents in Indian country jurisdiction, such as Worcester v. Georgia, Oliphant v. Suquamish Tribe, Montana v. United States, and McGirt v. Oklahoma.
Kerr-McGee v. Navajo Tribe, 471 U.S. 195 (1985), was a case in which the Supreme Court of the United States held that an Indian tribe is not required to obtain the approval of the Secretary of the Interior in order to impose taxes on non-tribal persons or entities doing business on a reservation.
Salazar v. Ramah Navajo Chapter, 567 U.S. 182 (2012), was a United States Supreme Court case in which the Court held that the United States government, when it enters into a contract with a Native American Indian tribe for services, must pay contracts in full, even if Congress has not appropriated enough money to pay all tribal contractors. The case was litigated over a period of 22 years, beginning in 1990, until it was decided in 2012.
Harry James Watson "Jimmy" Belvin (1900–1986) was a Choctaw educator and politician who served as an Oklahoma State Representative and Senator. He was the first elected principal chief of any of the Five Civilized Tribes in the 20th century, and the longest serving principal chief of the Choctaw Nation of Oklahoma. He saw his tribe through termination, restoration, and a rebirth of Native Pride. He was a polarizing leader, seen by some as a semi-dictator who held onto the office of principal chief and used his power to advocate for complete assimilation into the dominant society, suppressing Choctaw traditions, language and ceremonial practices as undesirable remnants of an unrefined history. To others, he was a well-liked, populist leader, who went door-to-door talking with tribe members, informing them on issues, and trying to develop the means the alleviate the poverty and unemployment they faced.
From 1969 to 1974, the Richard Nixon administration made important changes to United States policy towards Native Americans through legislation and executive action. President Richard Nixon advocated a reversal of the long-standing policy of "termination" that had characterized relations between the U.S. federal government and American Indians in favor of "self-determination." The Alaska Native Claims Settlement Act restructured indigenous governance in Alaska, creating a unique structure of Native Corporations. Some of the most notable instances of American Indian activism occurred under the Nixon Administration, including the Occupation of Alcatraz and the Occupation of Wounded Knee.