2.4 Evolution of Federal Indian Policy Eras

Federal Indian policy has evolved dramatically over time, shaping the relationship between Indigenous nations and the U.S. government. From early treaties and forced removals to attempts at assimilation and termination, these policies have had profound impacts on Native communities.

Today, the focus has shifted towards tribal self-determination and sovereignty. Understanding this complex history is crucial for grasping current issues in federal Indian law and the ongoing struggles for Indigenous rights and cultural preservation.

Federal Indian Policy Eras

Treaty and Removal Eras (1778-1850s)

• Treaty Era (1778-1871) marked by formal nation-to-nation agreements between U.S. government and Indigenous tribes
  • Recognized tribal sovereignty
  • Often resulted in land cessions
  • Examples: Treaty of Fort Pitt (1778), Treaty of Hopewell (1785)
• Removal Era (1830-1850s) focused on forcibly relocating Eastern tribes west of the Mississippi River
  • Indian Removal Act of 1830 authorized relocation
  • Trail of Tears (1838-1839) forcibly displaced Cherokee, Muscogee, Seminole, Chickasaw, and Choctaw nations
  • Resulted in significant loss of life and cultural disruption

Reservation and Allotment Eras (1850s-1934)

• Reservation Era (1850s-1887) established the reservation system
  • Confined tribes to designated lands
  • Attempted to transform Indigenous lifestyles through agricultural practices and Western education
  • Examples: Fort Laramie Treaty (1851), Medicine Lodge Treaty (1867)
• Allotment and Assimilation Era (1887-1934) aimed to break up tribal lands and assimilate Indigenous peoples
  • Dawes Act of 1887 divided communal tribal lands into individual allotments
  • Promoted Western-style farming and private property ownership
  • Resulted in loss of over 90 million acres of tribal lands

Modern Federal Indian Policy Eras (1934-Present)

• Indian New Deal Era (1934-1953) sought to reverse previous assimilation policies
  • Indian Reorganization Act of 1934 promoted tribal self-governance
  • Ended allotment and restored some tribal lands
  • Encouraged adoption of written tribal constitutions
• Termination Era (1953-1968) focused on ending federal recognition and support for tribes
  • House Concurrent Resolution 108 (1953) formalized termination policy
  • Aimed to fully integrate Indigenous peoples into American society
  • Terminated over 100 tribal governments
• Self-Determination Era (1968-present) emphasizes tribal sovereignty and self-governance
  • Indian Civil Rights Act (1968) applied constitutional rights to tribal governments
  • Indian Self-Determination and Education Assistance Act (1975) allowed tribes to manage federal programs
  • Government-to-government relationship between tribes and federal government reaffirmed

Assimilation Policies' Impact

Cultural and Linguistic Suppression

• Boarding schools aimed to "civilize" Indigenous children by separating them from families and communities
  • Carlisle Indian Industrial School (founded 1879) served as model for other boarding schools
  • Children forbidden from speaking native languages or practicing traditional customs
• Religious suppression banned traditional ceremonies and spiritual practices
  • Ghost Dance banned in 1890s
  • Native American Church faced legal challenges until 1978 American Indian Religious Freedom Act
• Resulted in severe cultural trauma and loss of language
  • Many Indigenous languages became endangered or extinct
  • Traditional knowledge systems and oral histories disrupted

Land Loss and Economic Disruption

• Dawes Act of 1887 (General Allotment Act) divided communal tribal lands into individual allotments
  • Undermined traditional land-use practices and tribal social structures
  • Opened "surplus" lands to non-Native settlement
• Tribal land holdings reduced from 138 million acres in 1887 to 48 million acres by 1934
  • Significant loss of natural resources and economic base
  • Fragmentation of tribal territories
• Traditional economic practices disrupted
  • Subsistence hunting and gathering restricted
  • Forced transition to Western agricultural practices often unsuited to reservation lands

Social and Governance Impacts

• Erosion of traditional governance structures
  • Tribal leadership systems replaced with BIA-approved councils
  • Traditional decision-making processes undermined
• Family systems disrupted
  • Boarding school policies separated children from parents and elders
  • Intergenerational transmission of cultural knowledge interrupted
• Forced adoption of Western social norms
  • Traditional gender roles and family structures challenged
  • Indigenous naming practices discouraged in favor of Western names

Tribal Self-Governance

Indian Reorganization Act Provisions

• Indian Reorganization Act (IRA) of 1934, also known as Wheeler-Howard Act, marked shift towards self-determination
• Ended allotment policy and restored surplus lands to tribal ownership
  • Halted further loss of Indigenous lands
  • Authorized Secretary of Interior to proclaim new reservations or add land to existing ones
• Encouraged tribes to adopt written constitutions and establish formal tribal governments
  • Often modeled on Western governance structures
  • Required federal approval for tribal constitutions
• Provided for reestablishment of tribal governments
  • Recognized authority to manage internal affairs
  • Allowed tribes to negotiate with federal and state governments

Economic Development and Land Restoration

• Established revolving credit fund for tribes to finance economic projects and infrastructure improvements
  • Provided loans for land purchases, economic development, and educational assistance
  • Examples: tribal enterprises, agricultural projects
• Expanded tribal land base through land restoration and acquisition
  • Returned some "surplus" lands to tribal ownership
  • Created mechanism for tribes to purchase additional lands
• Promoted development of tribal natural resources
  • Encouraged sustainable management of forests, minerals, and water resources
  • Supported creation of tribal environmental protection programs

Challenges and Criticisms

• Imposed Western governmental models on tribes
  • Some argue IRA constitutions did not align with traditional governance structures
  • Created tension between elected tribal councils and traditional leadership
• Required federal approval for tribal constitutions and major decisions
  • Limited full exercise of tribal sovereignty
  • Maintained significant federal oversight
• Uneven implementation across tribes
  • Some tribes rejected IRA, others embraced it
  • Resulted in diverse governance structures among Indigenous nations

Termination and Relocation Consequences

Loss of Tribal Status and Lands

• Termination policy formalized by House Concurrent Resolution 108 in 1953
  • Aimed to end federal government's trust responsibility and special relationship with recognized tribes
  • Over 100 tribal governments dissolved
  • Examples: Menominee Tribe of Wisconsin, Klamath Tribes of Oregon
• Resulted in loss of millions of acres of tribal lands
  • Tribal lands often sold or transferred to private ownership
  • Severely impacted tribal sovereignty and economic stability
• Discontinued essential services for affected tribes
  • Healthcare, education, and housing assistance terminated
  • Tribes left without federal support for critical needs

Urban Relocation and Cultural Challenges

• Relocation program initiated in 1950s encouraged Indigenous individuals to move from reservations to urban areas
  • Promised job training and housing assistance
  • Over 100,000 Indigenous people moved to cities between 1952 and 1972
  • Major relocation cities (Los Angeles, Chicago, Denver)
• Rapid urbanization of Native American population
  • By 1980, more than half of Native Americans lived in urban areas
  • Created new urban Indigenous communities
• Cultural isolation and discrimination in urban settings
  • Difficulty maintaining traditional practices and community ties
  • Limited access to culturally appropriate services and support
• Economic hardship for many Indigenous individuals and families
  • Promised jobs and opportunities often did not materialize
  • Many faced poverty and unemployment in unfamiliar urban environments

Long-term Impacts and Resistance

• Challenges in maintaining cultural cohesion and language preservation
  • Dispersed communities struggled to maintain traditional practices
  • Intergenerational transmission of culture and language disrupted
• Rise of Indigenous activism in response to termination and relocation
  • Occupation of Alcatraz Island (1969-1971)
  • American Indian Movement founded in 1968
• Push for self-determination in 1960s and 1970s
  • Indian Civil Rights Act of 1968
  • Indian Self-Determination and Education Assistance Act of 1975
• Some terminated tribes achieved federal recognition restoration
  • Menominee Restoration Act of 1973
  • Klamath Restoration Act of 1986
• Legacy of termination era continues to impact tribal-federal relations
  • Ongoing efforts to address historical trauma and cultural loss
  • Renewed focus on strengthening tribal sovereignty and self-governance