Self-determination is defined as the movement by which the Native Americans sought to achieve restoration of tribal community, self-government, cultural renewal, reservation development, educational control and equal or controlling input into federal government decisions concerning policies and programs. The beginnings of the federal policy favoring self-determination dates back to the 1930s. In 1933 John Collier, a social worker and reformer who had long worked in American Indian affairs, was appointed commissioner of the Bureau of Indian Affairs under President Franklin D. Roosevelt. He was likely the most knowledgeable person about American Indians appointed to this position up until then. He respected tribal cultures and values.[1]
The U.S. Congress passed Collier's legislation, the Indian Reorganization Act of 1934, although with numerous changes. It was to enable tribes to reorganize their governments and strengthen their communities. It ended the allotment of Indian lands to individual households, which had led to loss of control over their territories. The law was intended to decrease the paternalistic power of the BIA which extended to their running numerous Indian boarding schools where American Indian children were forced to give up native languages and cultural practices.[2] Four years before the passage of the Indian Reorganization Act, the government acknowledged that the paternalism was unfair to the Indian tribes and their people. The IRA was called the Indian "New Deal" by the Roosevelt administration. The IRA enabled the restoration of tribal governments but Congress made many changes in response to outcries from lobbyists and the bill fell short of the policy of "Indian self-determination without termination."[3]
During the 1950s government policy toward American Indians changed and politicians recommended termination of many of the tribes' special relationships with the government under federal recognition of their status in favor of assimilation. Over 100 tribes were terminated: those that weren't suffered increased governmental paternalism.[3] Activism for civil rights and American Indian rights increased during and after the 1960s and strengthened the movement for self-determination.[3]
Post-1960
Self-determination was not official federal government policy until 1970 when President Richard M. Nixon addressed the issue in his July 8 congressional message of "Recommendations for Indian Policy." He discussed his goal of policy changes that supported Indian self-determination.
It is long-past time that the Indian policies of the Federal government began to recognize and build upon the capacities and insights of the Indian people. Both as a matter of Justice, and as a matter of enlightened social policy, we must begin to act on the basis of what the Indians themselves have long been telling us. The time has come to break decisively with the past, and to create the conditions for a new era in which the Indian future is determined by Indian acts and Indian decisions.
In 1968 Congress passed the Indian Civil Rights Act after recognizing that the Indian termination policies of the mid-1940s to mid-1960s had failed. American Indians had successfully kept their cultures and religions alive, and the government recognized that the goal of assimilation was wrong. The bill was to grant the provisions of the Bill of Rights to the tribal peoples. In the following years, Congress passed more legislation to carry out Nixon's programs to develop a stronger relationship of trust between the federal government and the tribes, and to allow the tribes to manage their own affairs.
Another example is the Indian Self-Determination and Education Assistance Act of 1975.[4] This act enabled the federal government to make direct contracts with the Indian tribes just as it does with the states, for implementation of programs and distribution of funds. Rather than the BIA administering programs directly, the government would contract with tribes to manage health care, for instance, or educational benefits.[3]
The Indian Child Welfare Act (1978) "... recognized tribal courts as the primary and ultimate forum for welfare and custody cases concerning Native children. "By promising to look after the tribes' children, the ICWA contributed to the economic and cultural welfare of each tribe's future.[5]
The American Indian Religious Freedom Act (1978) "...recognized the integrity of native cultures." It ended the persecution of American Indians for such practices as the use of peyote in religion ceremony.[5]
Since 1980, administrations have issued Presidential Memoranda on Indian affairs to indicate direction for increased tribal sovereignty. A 1994 Presidential Memorandum issued by Bill Clinton changed the way the U.S. Department of Housing and Urban Development supported housing programs. The Native American Housing Assistance and Self-Determination Act of 1996 consolidated grant programs for housing funding into a single block grant specifically available to recognized governments of American Indians and Alaska Natives.
Leaders
A renewal of Indian activism since the 1960s saw the rise of a new generation of leaders. Public protests created publicity for their cause, such as the occupation of Alcatraz and Mount Rushmore, the Wounded Knee Incident, and other examples of American Indians uniting to change their relationship with the United States government. Strong Indian leaders traveled across America to try to add unification to the Indian cause. The leaders arose in different fields, starting independent newspapers, promoting educational independence, working to reclaim lands, and to enforce treaty rights. Another campaign occurred in the Pacific Northwest as Billy Frank, Jr. and Hank Adams fought for native treaty fishing rights. The result was a Native American force which fought for change throughout a wide variety of interconnected social spheres.
Education
Richard Oakes
A member of the St Regis Mohawks of Akwesasne, NY he led the occupation of Alcatraz along with Denis Turner, a member of the Rincon Band of Luiseño Indians and others. He was instrumental in creating the first ever American Indian studies program at San Francisco State University. Sadly, he was murdered by a white supremacist while volunteering at summer camp in Northern California for Native youth.
Allan Yazzie
For decades since the late 19th century, Native Americans were forced to send their children to boarding schools where they were made to speak and write in English only, and to learn the majority culture and Christian religion. Native Americans wanted to teach their children their own values and cultures. In the 1960s, Allan Yazzie (Navajo) proposed creation of a Navajo school to be built on the tribe's land in Arizona and operated by the tribe. The project was called the Rough Rock Demonstration School, and it was to administered solely by the Navajo Indians (without BIA oversight.) Although many politicians thought that the school would fail immediately, it prevailed. It became a strong sign of Indian self-determination and success.[6] In 1968, the Navajo established the first tribal college, to be followed by other tribes developing similar tribal colleges on their own reservations.
Land reclamation and anti-termination
Paul Bernal
Paul Bernal (also known as Sherry Beni) fought for the Taos Pueblo tribe of New Mexico, who wanted to reclaim their sacred religious site, Blue Lake. It had been taken by the Forest Service at the start of the twentieth century for inclusion in a national forest. Throughout the 1960s, Bernal and the Pueblo had little success in regaining the lake. The administration of Richard Nixon supported self-determination for American Indians. After Senate hearings (where Bernal was harassed by senators who thought that the Indians wanted the land for other than religious purposes), Nixon signed a bill to return the lake to the Taos Pueblo.[7]
Ada Deer
Ada Deer
Ada Deer (b. 1935) is a leader of the Menominee tribe, which has a reservation in Wisconsin. In the 1960s, Deer helped mobilize her tribe to oppose the government's proposed termination of its relationship with the federal government. By 1972, Deer had gained support for her tribe's movement, and many governors, senators, and congressman gave her and the Menominee tribe their full-fledged approval. Deer fought against the Interior Committee chairman (Wayne Aspinall), who supported the tribe's termination, and their loss of 250,000 acres (1,000km2) of communal land under termination policies. Ada Deer continued to lobby for the Menominee Restoration Act. After Aspinall failed to win an election, the tribe prevailed and the act was signed by President Nixon. Ada Deer (along with such people as Lucy Covington) is one of the early examples of self-determination in tribal members; her efforts helped restore all the terminated lands back to the Menominee tribe.[8]
D'Arcy McNickle
D'Arcy McNickle (Cree and Salish-Kootenai) was a member of the Flathead Indian Reservation. He served as the chair of a committee of Indian leaders at the 1961 American Indian Chicago Conference, and crafted an Indian policy called "Declaration of Indian purpose." The policy outlined many solutions to the problems of termination. It was a sign of change in the 1960s and 1970s when the termination era ended. The "Declaration of Indian purpose" was given to President John F. Kennedy by the National Congress of American Indians. The tribal governments started to bypass the BIA and focus on self-determination plans.
Legal activism
John Echohawk
John Echohawk (Pawnee) is a founder and leader of the Native American Rights Fund (NARF). He is a lawyer who has worked to protect Indian land and sovereignty. In 1970 Echohawk was the first Native American to graduate from the University of New Mexico's school of law. After law school, Echohawk worked for some time with California Indian Legal Services. Echohawk joined together with other lawyers and tribal members to form the NARF, which was similar to the NAACP (both were formed to organize civil rights activism). Under Echohawk, NARF's focused on preserving tribes, protecting tribal resources, protecting human rights, ensuring government responsibility, expanding Indian law, and educating people about Indian issues. Through NARF, Echohawk has gained government recognition of tribal sovereignty and participated in drafting the Native American Graves Protection and Repatriation Act signed into law by President George H. W. Bush in 1990.
Rosalind McClanahan
Rosalind McClanahan (Navajo) opposed Arizona's imposing a state income tax on members of her tribe who lived and worked within the Navajo Reservation, which she considered an issue of tribal sovereignty. McClanahan lived and worked in the reservation, and was taxed. She enlisted the help of DNA (a group of Native American rights attorneys), and appealed the case to the United States Supreme Court in 1973 after the state court had ruled in favor of the state's ability to require that tax. The resulting U.S. Supreme Court ruling was in favor of McClanahan, and tribal rights of members to be excluded from state taxes within tribal sovereign land. She helped establish stronger self-rule for the Navajo as well as other Native American tribes.[9]
Organizations
Several Native American organizations provided an immense amount of support that either helped set the precedent for the self-determination movement or further strengthen the policy. These organizations can be divided mainly into two levels: associations that were nationally operated and those groups that were organized for local action.
National
In 1944, the National Congress of American Indians (NCAI) was founded "in response to termination and assimilation policies that the United States forced upon the tribal governments in contradiction of their treaty rights and status as sovereigns. NCAI stressed the need for unity and cooperation among tribal governments for the protection of their treaty and sovereign rights".[10] "Recognizing the threat posed by termination, [NCAI] fought to maintain Indians' legal rights and cultural identity."[11] Indian policy has been federalized since colonial times; however, "until the 1940s, in spite of such major national initiatives as allotment and the Indian Reorganization Act, Indians had never been able to organize on a national basis".[12] Groups such as the Friends of the Indians in the late nineteenth century and the Association on American Indian Affairs (est. 1922) had nearly all-white membership. The NCAI was an Indian-only organization with membership based on tribes, not individuals. Although the "NCAI's fortunes would ebb and flow … the return of Indian veterans at the end of World War II" [13] gave the organization and the Indian people an unexpected boost. "Whether they settled in Indian country or in the cities, these veterans realized expectations and bred a much-needed impatience and assertiveness." According to Helen Peterson, later executive director of NCAI, "World War Two revived the Indians' capacity to act on their own behalf."[14] With the NCAI, Native American people relied on their own people to organize and affect national policy. The NCAI was one of the first major steps in halting termination and giving life to the Self-Determination era.
The Office of Economic Opportunity (OEO), a result of President Lyndon B. Johnson's War on Poverty legislation and the Economic Opportunity Act of 1964, provided grants and other funds directly to tribal governments rather than only state and federal agencies. The War on Poverty Grants "empowered tribes by building tribal capacities, creating independence from the BIA, and knitting tribes together with other tribes and the country as a whole."[15] As Philip S. Deloria explains, the OEO helped the Indian people become more independent and powerful: for the first time "… Indian tribal governments had money and were not beholden for it to the Bureau of Indian Affairs … Tribes could, to some degree, set their own priorities."[15] Renewed self-determination by tribes "altered the nature of the [BIA] and the relationship between tribes and the federal government".[15] The independence gained by tribes from dealing with the Office of Economic Opportunity helped change the dynamic of Indian affairs in relation to the federal government.
The Native American Rights Fund (NARF) is a national legal-advocacy and nonprofit organization founded by Indians in 1970 to assist Indians in their legal battles. It has become the primary national advocacy group for Native Americans. "It is funded largely by grants from private foundations and (despite its adversarial relationship) the Federal Government."[16] NARF's legal, policy, and public education work is concentrated in five key areas: preservation of tribes; protection of tribal natural resources; promotion of Native American human rights; accountability of governments to Native Americans; and development of Indian law and educating the public about Indian rights, laws, and issues. "NARF focuses on applying existing laws and treaties to guarantee that national and state governments live up to their legal obligations [and] … works with religious, civil rights, and other Native American organizations to shape the laws that will help assure the civil and religious rights of all Native Americans."[17] Since its inception, NARF has provided legal expertise at the national level. NARF has trained many young attorneys, both Indians and non-Indians, who intend to specialize in Native American legal issues.[18] "NARF has successfully argued every Supreme Court case involving Native Americans since 1973."[19] NARF has affected tens of thousands of Indian people in its work for more than 250 tribes in all fifty states to develop strong self-governance, sound economic development, prudent natural resources management and positive social development. It continues to handle civil rights cases for the Native American community in the United States.
Regional
Accomplishments and progress of Native American organizations on the national level inspired change on the local level. It did not take too long for local tribes to begin to establish their own organizations that would benefit them directly. One of the earliest of such organizations was the Determination of Rights and Unity for Menominee Shareholders (DRUMS) – a citizens' group founded in 1970. It focused on stopping the Legend Lake sales, establishing Menominee control over the Menominee Enterprises, Inc. (MEI), and, eventually, even reversing termination, which was the main purpose of self-determination. DRUMS made an immediate impact. Within months of establishment, the Menominee organized a series of well-planned and smoothly executed demonstrations. In an effort to interrupt the Legend Lake land development, DRUMS picketed Legend Lake's Menominee County sales office and promotional events in nearby cities, such as Milwaukee, Green Bay, and Appleton. In October 1971, DRUMS led an impressive 12-day, 220-mile (350km) from Menominee County, to the state capitol in Madison. Like the other DRUMS protests, the march to Madison, was non-violent but sharp-edged nonetheless. Minnesota Governor Patrick Lucey met with DRUMS leaders and discussed prevalent issues in the Menominee community. Within a month of the march, Governor Lucey visited Menominee County, and consistently supported the Menominee movement. In addition, DRUMS managed to produce a first draft of the Menominee restoration bill by the end of 1971 and by early 1972 the tribe had already obtained an astounding level of support, including the support of Democratic Presidential nominee Henry Jackson. Though it took a prodigious amount of work, the Menominee Restoration Act moved through Congress with rare speed. In April 1975, MEI was dissolved and all Menominee lands were transferred back to the tribe, to be held in trust by the United States of America and governed by the sovereign Menominee Tribe of Wisconsin. Although DRUMS set its sights on improving the status of the local Menominee people, it was a big step toward the nationwide self-determination movement.[20] The success of DRUMS let other Indians know that they too could make an impact, if only on a local level, and motivated other tribes to fight for their rights. On the national scope, DRUMS allowed Native American leaders to assume prominent positions. For instance, Ada Deer was catapulted to the top of the federal government; In 1993, Deer was appointed Assistant Secretary of the Interior by President Bill Clinton and served as head of the Bureau of Indian Affairs from 1993–1997.
Institutional capacity
The new policy of the Office of Economic Opportunity, which sought to directly involve the recipients of its aid, provided further impetus for self-determination in education. The success of the OEO Head Start preschool program was attributed primarily to the fact that Indians were "allowed to operate programs." For the first time in history, Deloria commented, "Indian parents have become excited about education for their children. … For the last 100 years, the Government has been doing things for us and telling us what is best for Indians … of course there has been no progress … ."[21] Progress in education was just one area in which Native Americans were gaining more independence. As tribes began to have more control over their own affairs and have more infrastructure entitled to them, they were able to be in much more command of their space, make more money, which led to power and progress.
↑ Laurence M. Hauptman, Tribes & Tribulations: Misconceptions about American Indians and Their Histories, 1st ed. (Albuquerque: University of New Mexico Press, 1995) 117, 1 Dec. 2008 [dead link].
↑ Gudzune, Jeffrey R. "Native American Rights Fund: National Advocacy." 4 May 2007. 1 Dec. 2008
↑ Wilkinson, Charles. Blood Struggle: The Rise of Modern Indian Nations. Boston: W. W. Norton & Company, Incorporated, 2006. 184–186.
↑ 1 Margaret Connell Szasz, Education and the American Indian: The Road to Self-Determination since 1928, 3rd Rev. ed. (Albuquerque: University of New Mexico, 1999) 157, 14 Nov. 2008 [dead link].
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.
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 Upper Sioux Indian Reservation, or Pezihutazizi in Dakota, is the reservation of the Upper Sioux Community, a federally recognized tribe of the Dakota people, that includes the Mdewakanton.
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.
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).
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 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.
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 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.
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.
The Native American Rights Fund (NARF) is a non-profit organization, based in Boulder, Colorado, that uses existing laws and treaties to ensure that U.S. state governments and the U.S. federal government live up to their legal obligations. NARF also "provides legal representation and technical assistance to Indian tribes, organizations and individuals nationwide."
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:
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.
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.
Helen Peterson was a Cheyenne-Lakota activist and lobbyist. She was the first director of the Denver Commission on Human Relations. She was the second Native American woman to become director of the National Congress of American Indians at a time when the government wanted to discharge their treaty obligations to the tribes by eliminating their tribal governments through the Indian termination policy and forcing the tribe members to assimilate into the mainstream culture. She authored a resolution on Native American education, which was ratified at the second Inter-American Indian Conference, held in Cuzco, Peru. In 1986, Peterson was inducted into the Colorado Women's Hall of Fame and the following year, her papers were donated to the Smithsonian's National Anthropological Archives and they are now held at the National Museum of the American Indian.
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