The Menominee Restoration Act, signed by President of the United States Richard Nixon on December 22, 1973, returned federally recognized sovereignty to the Menominee Indian Tribe of Wisconsin. It also restored tribal supervision over property and members, as well as federal services granted to American Indian tribes. The act officially repealed the Termination Act of 1954. It also called for the creation of the Menominee Restoration Committee, which would be responsible for drafting new tribal constitutions and serve as an interim authority until an officially elected tribal government was put into place. In addition, all Menominee Indians born after the termination of the action would be added to the tribal roll. [1]
Restoration came about as a result of years of poor social and economic conditions that followed the Menominee Termination Act of 1954. Following termination, all Menominee tribal property was transferred to a new corporation, Menominee Enterprises, Inc. (MEI) and the reservation became a new county for Wisconsin: Menominee County. The least populated and poorest county in Wisconsin, Menominee County was unable to fund the taxes needed to support social services such as schools, utilities, and the area hospital. A lumber mill was the area’s main source of employment and it was not able to employ all Menominee. Standards of living and services for Menominee had been significantly lowered and ultimately led to conditions that inspired activism within the community. [2]
Activism began when the Determination of Rights and Unity for Menominee Stockholders (DRUMS) was formed with Jim White and Ada Deer as leaders in the fight against a proposed land development of Legend Lake, a non-Indian owned artificial lake and housing property plan. [3] The selling of land as an economic stimulus to non-Indians was a direct result of poor economic conditions that the Menominee had been living in since termination. After successfully stopping the land development, DRUMS later began the fight to reverse termination and regain status as a federally recognized and sovereign Indian tribe. Originally in opposition to MEI, members of DRUMS eventually gained positions in MEI offices where they began lobbying the United States Congress for Menominee restoration. [4]
The Menominee Restoration Committee headed by Ada Deer was given the responsibility of administering the affairs of the Menominee Tribe on April 23, 1975. In the following year, the tribal roll was reopened, a tribal police force was instituted, law and order codes were written, a public school district was established, control of hunting and fishing rights was restored, and a grant was given by the federal government to build a health clinic. Finally, in 1979, the first nine-member Tribal Legislature was elected under the new Menominee Indian Tribal Constitution.
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.
Arthur Vivian Watkins was a Republican U.S. Senator from Utah, serving two terms from 1947 to 1959. He was influential as a proponent of terminating federal recognition of American Indian tribes, in the belief that they should be assimilated and all treaty rights abrogated. In 1954 he chaired the Watkins Committee, which led to the censure of Senator Joseph McCarthy, who had made extensive allegations of communist infiltration of government and art groups. Watkins voted in favor of the Civil Rights Act of 1957.
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.
The Menominee Indian Reservation is an Indian reservation located in northeastern Wisconsin held in trust by the United States for the Menominee Tribe of Wisconsin. It is the largest Indian reservation east of the Mississippi River. In the Menominee language, it is called Omāēqnomenēw-Otāēskonenan, "Menominee Thing Set Apart", or alternatively omǣqnomenēw-ahkīheh, "in the Menominee Country".
The Oneida Nation is a federally recognized tribe of Oneida people in Wisconsin. The tribe's reservation spans parts of two counties west of the Green Bay metropolitan area. The reservation was established by treaty in 1838, and was allotted to individual New York Oneida tribal members as part of an agreement with the U.S. government. The land was individually owned until the tribe was formed under the Indian Reorganization Act of 1934.
The Klamath Tribes, formerly the Klamath Indian Tribe of Oregon, are a federally recognized Native American Nation consisting of three Native American tribes who traditionally inhabited Southern Oregon and Northern California in the United States: the Klamath, Modoc, and Yahooskin. The tribal government is based in Chiloquin, Oregon.
Ada Elizabeth Deer was an American scholar and civil servant who was a member of the Menominee Indian Tribe of Wisconsin and a Native American advocate. As an activist she opposed the federal termination of tribes from the 1950s. During the Clinton administration, Deer served as Assistant Secretary of the Interior for Indian Affairs. Due to all of her advocacy and organization on behalf of Native people, she was recognized as a social work pioneer by the National Associate of Social Workers in 2010.
Indian termination is a phrase describing 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 considers "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).
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 Indian Self-Determination and Education Assistance Act of 1975 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.
Lucy Friedlander Covington was a Native American tribal leader and political activist. She was a member of the Colville tribe which has a reservation in north-eastern Washington state. Covington was the granddaughter of the last Colville chief to be acknowledged by the tribe. She was the daughter of Nellie Moses and Louis T. Friedlander Sr.
United States v. Lara, 541 U.S. 193 (2004), was a United States Supreme Court landmark case which held that both the United States and a Native American (Indian) tribe could prosecute an Indian for the same acts that constituted crimes in both jurisdictions. The Court held that the United States and the tribe were separate sovereigns; therefore, separate tribal and federal prosecutions did not violate the Double Jeopardy Clause.
The Paiute Indian Tribe of Utah is a federally recognized tribe of Southern Paiute and Ute Indians in southwestern Utah.
Menominee Tribe v. United States, 391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.
The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:
Nicholas C. Peroff is an American political scientist, public administrator and professor in Native American studies and Complexity Theory at the Henry W. Bloch School of Management at the University of Missouri-Kansas City, he formerly held teaching positions in Taiwan, South Korea and South Africa.
The Klamath Termination Act was a 1953 law under the US Indian termination policy. The Klamath tribe along with the Flathead, Menominee, Potawatomi, and Turtle Mountain Chippewa, as well as all tribes in the states of California, New York, Florida, and Texas were targeted for immediate termination by House Concurrent Resolution 108 of 1953. The statement which was issued 1 August 1953 by the United States Congress announced the official beginning of the federal Indian termination policy. The tribes that were listed as being ready for immediate termination had been placed on a list prepared by acting Commissioner of Indian Affairs, William Zimmerman, because they met four primary criteria: adequate resources, they had adopted to a certain degree the cultural traits of the larger American culture, they were willing to terminate federal trust obligations, and the state was willing to assume jurisdiction over their criminal and civil matters.
The administration of Richard Nixon, from 1969 to 1974, made important changes in United States policy towards Native Americans through legislation and executive action. The Nixon Administration advocated a reversal of the long-standing policy of "termination" that had characterized relations between the U.S. Government and American Indians in favor of "self-determination." The Alaska Native Claims Settlement Act restructured indigenous governance in the state of 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 Standoff at Wounded Knee.