Bureau of Indian Affairs building takeover

Last updated

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. [1] 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.

Contents

The incident began with a group of AIM protesters traveling to the Bureau of Indian Affairs (BIA) offices at the national headquarters building, intending to negotiate for better housing on reservations and other related issues. But after interpreting a government refusal of their demands as a double cross, [2] the protesters began the siege, occupying the building. And after denying a federal court order to vacate the premises issued after the first night of the occupation. [3] The takeover quickly gained national media attention.

The AIM affiliated protesters overturned tables and desks against windows, fortifying against potential police attack. Some set fires in interior offices and the marble lobbies, destroying many historic documents. The demonstrators started to run out of provisions after several days. They would not allow police or any government representative to approach the building, so two children of BIA employees were recruited to bring in provisions. After a week of occupation, the protesters left, with some taking BIA documents with them, and having caused an estimated $700,000 in damages. [4] And with the loss of the documents, the Washington Post claimed that the destruction and theft of records could set the Bureau of Indian Affairs back 50 to 100 years. [5]

Then President Richard M. Nixon had an interest in promoting tribal sovereignty, as having ended the termination of tribes that was part of 1950s policy. Alongside being interested in the decentralization of government, Nixon fundamentally agreed that tribes should manage their operations. Which as a result of the AIM occupation if the BIA's offices, Nixon signed law the Menominee Restoration Act to restore one tribe to federally recognized status and supported legislation that offered tribes control over their own operations and programs.

Preparation

AIM members had done research and organized to prepare for their 1972 cross-country journey and anticipated negotiating with the federal government. They researched, organized, and prepared in 1972 after the brief BIA takeover in 1971. Understanding the law was essential to bringing the claims of Indian tribes and the urban populations forward to policy makers and the courts. Volunteer attorneys and other scholars who had studied the laws, executive orders, and BIA budgeting and practices to inform the AIM agenda of exposing government misdirection and illegal practice.

These Indians were concerned about the lands they had lost through treaties, speculation, and corruption. They struggled to make lives on the small areas of reservations, often isolated from population centers.

Momentum and support grew for the AIM among younger Native Americans and First Nations peoples. Unlike in 1971, the groups were prepared and focused on their target. Sympathetic groups joined the planning:

Others who endorsed the effort

Occupation

Indians from around the country gathered into groups and converged on the Interior building on November 2, 1972, and stayed there for seven days. As Richard M. Nixon celebrated a landslide presidential victory on November 7 as AIM’s 'Twenty Points' were presented to him. It reminded Nixon how unprepared he was to deal with Indian issues across the country and how he had failed in his effort to quell Indian pressures for reforms.

The twenty points established Native American goals for their relations with the federal government. Twelve of the twenty points directly or indirectly address treaty responsibility in which the U.S. had fallen short.

  1. Restoration of treaty making (ended by Congress in 1871).
  2. Establishment of a treaty commission to make new treaties (with sovereign Native Nations).
  3. Indian leaders to be permitted to address Congress.
  4. Review of treaty commitments and violations.
  5. Unratified treaties to go heard by the Senate for action.
  6. All Indians to be governed by treaty relations.
  7. Relief for Native Nations for treaty rights violations.
  8. Recognition of the right of Indians to interpret treaties.
  9. Joint Congressional Committee to be formed on reconstruction of Indian relations.
  10. Restoration of 110 million acres (450,000 km2) of land taken away from Native Nations by the United States.
  11. Restoration of terminated rights.
  12. Repeal of state jurisdiction on Native Nations.
  13. Federal protection for offenses against Indians.
  14. Abolition of the Bureau of Indian Affairs.
  15. Creation of a new office of Federal Indian Relations.
  16. New office to remedy breakdown in the constitutionally prescribed relationships between the United States and Native Nations.
  17. Native Nations to be immune to commerce regulation, taxes, trade restrictions of states.
  18. Indian religious freedom and cultural integrity protected.
  19. Establishment of national Indian voting with local options; free national Indian organizations from governmental controls
  20. Reclaim and affirm health, housing, employment, economic development, and education for all Indian people.

According to the Washington Post, during the occupation, Native Americans spent days in the building going through—and taking—files that raised questions about unfair deals on land, water, fishing and mineral rights. Others took artifacts, pottery and artwork that they said belonged to tribes. [6]

Presidential reaction

As AIM activists were in the process of occupying the BIA building in Washington, D.C., representatives of the Nixon administration were meeting with tribal chairmen in a scheduled meeting at the other end of the country in rural Oregon. A new organization was established, called The National Tribal Chairman’s Association. The NTCA was presumably an outgrowth of the National Congress of American Indians, founded in 1944. Nixon promised the support of the federal government for "federally recognized" tribes. This excluded groups that had not been recognized, including tribes whose federal status had been terminated in the 1950s under federal policy of the time, which believed that some tribes were "ready" to assimilate into the mainstream.

The NTCA was given offices within the National Council on Indian Opportunity. Tribal chairmen discussed common issues, including how to manage limited resources. Some believed that "urban Indians", those members who had left the reservations to live elsewhere, should be excluded from tribal benefits, although such members often struggled economically even in cities.

When the AIM Protestors left the Interior building on November 8, the White House had agreed to discuss all 20 points except amnesty, which was to be addressed separately. From which an "interagency task force" was created, to be co-chaired by representatives of the White House and to include dozens of Indian organizations. The occupiers then agreed to leave the building with the assurance that the White House would examine eligibility of Indians for governmental services; adequacy of governmental service delivery; quality, speed, and effectiveness of federal programs; Indian self-government; and congressional implementation of necessary Indian legislation.

President Nixon had a different opinion from the 1950s emphasis on termination of tribes and their governments which stood in line with ideas about decentralization of government, he believed that tribes likely could do better than a distant government agency in managing affairs of their people and serving them. On December 22, 1973, Nixon privately signed the Menominee Restoration Act, which returned Menominee Indians to full federally recognized tribal status, returning their land assets to trust status. Nixon might have played more of a leadership role in these issues but was caught up in the Watergate scandal and resigned the next year on August 9, 1974. [7]

Since this event's conclusion, other terminated tribes have regained their federally recognized status by way of Congressional legislation. In addition, other tribes have achieved recognition, both through the BIA's documentary process, a procedure developed in consultation with representatives of recognized tribes, and sometimes through direct Congressional action. [8]

This event is described in the 1990 memoir Lakota Woman by Mary Crow Dog. [9]

Related Research Articles

<span class="mw-page-title-main">American Indian Movement</span> United States civil rights organization

The American Indian Movement (AIM) is an American Indian grassroots movement which was founded in Minneapolis, Minnesota in July 1968, initially centered in urban areas in order to address systemic issues of poverty, discrimination, and police brutality against American Indians. AIM soon widened its focus from urban issues to many Indigenous Tribal issues that American Indian groups have faced due to settler colonialism in the Americas. These issues have included treaty rights, high rates of unemployment, the lack of American Indian subjects in education, and the preservation of Indigenous cultures.

<span class="mw-page-title-main">Tribal sovereignty in the United States</span> Type of political status of Native Americans

Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.

<span class="mw-page-title-main">Bureau of Indian Affairs</span> US government agency

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.

<span class="mw-page-title-main">Menominee</span> Federally-recognized indigenous people of the United States

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.

<span class="mw-page-title-main">Clyde Bellecourt</span> Native American civil rights activist (1936–2022)

Clyde Howard Bellecourt was a Native American civil rights organizer. His Ojibwe name is Nee-gon-we-way-we-dun, which means "Thunder Before the Storm". He founded the American Indian Movement (AIM) in Minneapolis, Minnesota, in 1968 with Dennis Banks, Eddie Benton-Banai, and George Mitchell. His elder brother, Vernon Bellecourt, was also active in the movement.

<span class="mw-page-title-main">Tribe (Native American)</span> Formal Native American tribe recognized by the American federal government

In the United States, an American Indian tribe, Native American tribe, Alaska Native village, Indigenous tribe or Tribal nation may be any extant or historical tribe, clan, band, nation, or community 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 Trail of Broken Treaties was a 1972 cross-country caravan of American Indian and First Nations organizations that started on the West Coast of the United States and ended at the Department of Interior headquarters building at the US capital of Washington, D.C. Participants called for the restoration of tribes’ treaty-making authority, the abolition of the Bureau of Indian Affairs, and federal investment in jobs, housing, and education.

<span class="mw-page-title-main">Ada Deer</span> Native American scholar and politician (1935–2023)

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.

<span class="mw-page-title-main">Red Power movement</span> Native American youth movement

The Red Power movement was a social movement led by Native American youth to demand 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 sought the rights for Native Americans to make policies and programs for themselves while maintaining and controlling their own land and resources. The Red Power movement took a confrontational and civil disobedience approach to inciting change in United States to Native American affairs 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 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).

<span class="mw-page-title-main">Native American recognition in the United States</span>

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.

<span class="mw-page-title-main">National Congress of American Indians</span> Native American rights organization

The National Congress of American Indians (NCAI) is an American Indian and Alaska Native rights organization. It was founded in 1944 to represent the tribes and resist U.S. federal government pressure for termination of tribal rights and assimilation of their people. These were in contradiction of their treaty rights and status as sovereign entities. The organization continues to be an association of federally recognized and state-recognized Indian tribes.

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.

<span class="mw-page-title-main">Indian Self-Determination and Education Assistance Act of 1975</span> 1975 U.S. law allowing federal grants to be made directly to recognized native tribes

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.

<span class="mw-page-title-main">Prairie Band Potawatomi Nation</span>

Prairie Band Potawatomi Nation is a federally recognized tribe of Neshnabé, headquartered near Mayetta, Kansas.

Henry Lyle Adams was an American Native rights activist known as a successful strategist, tactician, and negotiator. He was instrumental in resolving several key conflicts between Native Americans and state and federal government officials after 1960. Born on a reservation in Montana and based in Washington state for much of his life, he participated in protests and negotiations in Washington, DC and Wounded Knee, South Dakota.

Pan-Indianism is a philosophical and political approach promoting unity, and to some extent cultural homogenization, among different Indigenous groups in the Americas regardless of tribal distinctions and cultural differences.

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 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.

References

  1. Blakemore, Erin (2020-11-25). "The radical history of the Red Power movement's fight for Native American sovereignty". National Geographic. Archived from the original on 2020-11-25. Retrieved 2020-12-31.
  2. Paul Smith and Robert Warrior, Like a Hurricane: The Indian Movement from Alcatraz to Wounded Knee. New York: The New Press, 1996
  3. Blair, William M. (1972-11-04). "Indians in Capital Defy a Court Order (Published 1972)". The New York Times. ISSN   0362-4331 . Retrieved 2021-01-07.
  4. "Amnesty Denied to Indians". The Washington Post. 10 November 1972.
  5. "Justice Eyes Way to Charge Indians". The Washington Post. November 10, 1972.
  6. "The week hundreds of Native Americans took over D.C.'s Bureau of Indian Affairs". Washington Post. ISSN   0190-8286 . Retrieved 2022-05-22.
  7. Laura Waterman Wittstock, Elaine Salinas, Susan Aasen, Visions and Voices: American Indian Activism and the Civil Rights Movement, Part 1, page 54
  8. "Federal Register :: Request Access". unblock.federalregister.gov. Retrieved 2023-08-03.
  9. Crow Dog, Mary (1990). Lakota Woman. Grove Weidenfeld.