4.3 Evolution of federal Indian policy

Federal Indian policy has evolved significantly since the nation's founding. Early policies focused on regulating trade and forcibly relocating tribes, leading to devastating consequences like the Trail of Tears. Later, the government established reservations and attempted to break up tribal lands through allotment.

The 20th century saw major shifts in policy. The Indian Reorganization Act promoted tribal self-governance, while the Termination Era sought to end federal recognition of tribes. More recently, self-determination policies have empowered tribes to manage their own affairs and preserve their cultural heritage.

Early Federal Indian Policy

Trade and Intercourse Acts and Indian Removal

Top images from around the web for Trade and Intercourse Acts and Indian Removal

• 

  Chickasaw Gender Roles and Slavery During the Plan for Civilization - U.S. Studies Online View original

  Is this image relevant?

• 

  NATIVE HISTORY ASSOCIATION - The Indian Removal Act of 1830 View original

  Is this image relevant?

• 

  antrophistoria: El Sendero de Lágrimas cherokee View original

  Is this image relevant?

• 

  Chickasaw Gender Roles and Slavery During the Plan for Civilization - U.S. Studies Online View original

  Is this image relevant?

• 

  NATIVE HISTORY ASSOCIATION - The Indian Removal Act of 1830 View original

  Is this image relevant?

1 of 3

Top images from around the web for Trade and Intercourse Acts and Indian Removal

• 

  Chickasaw Gender Roles and Slavery During the Plan for Civilization - U.S. Studies Online View original

  Is this image relevant?

• 

  NATIVE HISTORY ASSOCIATION - The Indian Removal Act of 1830 View original

  Is this image relevant?

• 

  antrophistoria: El Sendero de Lágrimas cherokee View original

  Is this image relevant?

• 

  Chickasaw Gender Roles and Slavery During the Plan for Civilization - U.S. Studies Online View original

  Is this image relevant?

• 

  NATIVE HISTORY ASSOCIATION - The Indian Removal Act of 1830 View original

  Is this image relevant?

1 of 3

• Trade and Intercourse Acts regulated interactions between Native Americans and non-Native settlers
  • Enacted between 1790 and 1834
  • Aimed to protect Native American land rights and regulate trade
  • Required federal licenses for trading with Native Americans
  • Prohibited non-Native settlement on Native lands without federal approval
• Indian Removal Era marked a shift in federal policy towards forced relocation
  • Indian Removal Act of 1830 authorized the president to negotiate treaties for land exchanges
  • Resulted in the forced removal of many Eastern tribes to lands west of the Mississippi River
  • Trail of Tears exemplified the devastating impact on Cherokee, Chickasaw, Choctaw, Muscogee, and Seminole tribes
  • Approximately 100,000 Native Americans were forcibly relocated during this period

Reservation and Allotment Eras

• Reservation Era established designated areas for Native American tribes
  • Began in the mid-19th century as westward expansion increased
  • Treaties defined boundaries of tribal lands
  • Aimed to confine Native Americans to specific areas and open up land for white settlement
  • Often resulted in the loss of traditional hunting and gathering grounds
• Allotment and Assimilation Era sought to break up tribal lands and assimilate Native Americans
  • Dawes Act of 1887 divided reservation lands into individual plots
  • Aimed to promote individual land ownership and agricultural practices
  • Surplus lands were sold to non-Native settlers
  • Resulted in significant loss of Native American land holdings (reduced from 138 million acres to 48 million acres by 1934)
  • Carlisle Indian Industrial School (founded in 1879) became a model for forced assimilation through education

20th Century Reforms

Indian Reorganization Act and Termination Era

• Indian Reorganization Act of 1934 marked a shift towards tribal self-governance
  • Also known as the "Indian New Deal"
  • Ended the allotment policy and restored some lands to tribal ownership
  • Encouraged tribes to adopt constitutions and establish formal tribal governments
  • Provided funds for economic development and education
• Termination Era aimed to end federal recognition and support for tribes
  • Began in the 1940s and continued through the 1960s
  • House Concurrent Resolution 108 (1953) called for the end of federal supervision over certain tribes
  • Public Law 280 (1953) transferred federal jurisdiction to certain states
  • Resulted in the termination of over 100 tribes and bands
  • Led to loss of tribal lands, resources, and cultural identity for affected tribes

Self-Determination Era and Policy Shifts

• Self-Determination Era empowered tribes to manage their own affairs
  • Began in the late 1960s and continues to the present
  • Emphasized tribal sovereignty and self-governance
  • President Nixon's 1970 address to Congress called for a new federal policy of self-determination
  • Resulted in increased tribal control over education, healthcare, and economic development
• Policy shifts included restoration of federal recognition for some terminated tribes
  • Menominee Restoration Act of 1973 served as a model for other tribes seeking restoration
  • Increased focus on government-to-government relationships between tribes and federal agencies
  • Expansion of tribal jurisdiction over certain criminal and civil matters on reservations

Key Legislation

Indian Self-Determination and Education Assistance Act

• Indian Self-Determination and Education Assistance Act of 1975 promoted tribal autonomy
  • Allowed tribes to contract with the federal government to manage their own programs
  • Included education, healthcare, housing, and other social services
  • Provided funding and technical assistance for tribal program management
  • Amendments in 1988 and 1994 expanded tribal authority and simplified contracting processes
• Act led to significant improvements in tribal service delivery
  • Increased tribal employment opportunities
  • Enhanced cultural relevance of programs and services
  • Improved efficiency and responsiveness to community needs

Protection of Native American Rights and Cultural Heritage

• Indian Child Welfare Act of 1978 addressed issues of Native American family separation
  • Established standards for removal and placement of Native American children in foster care
  • Gave tribal courts jurisdiction over certain child custody cases
  • Aimed to preserve Native American families and cultural identity
  • Required active efforts to prevent breakup of Native American families
• Native American Graves Protection and Repatriation Act of 1990 protected cultural artifacts
  • Required federal agencies and institutions to return Native American cultural items to tribes
  • Included human remains, funerary objects, sacred objects, and objects of cultural patrimony
  • Established a process for repatriation and guidelines for excavations on federal and tribal lands
  • Strengthened tribal control over their cultural heritage and ancestral remains