2.3 Evolution of Tribal-Federal Relations

The evolution of tribal-federal relations has been marked by shifting policies and legal frameworks. From trust responsibility to plenary power, these concepts have shaped the complex dynamic between Native American tribes and the U.S. government.

Key policies like the Indian Reorganization Act and termination era have had lasting impacts on tribal sovereignty. Understanding this history is crucial for grasping the current state of tribal self-governance and federal Indian law.

Federal Power and Responsibility

Trust Responsibility and Plenary Power

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• Trust responsibility establishes federal government's obligation to protect tribal resources and rights
• Stems from historical treaties and agreements between tribes and U.S. government
• Includes providing services like healthcare, education, and housing to tribal members
• Plenary power grants Congress broad authority over Indian affairs
• Allows federal government to legislate on tribal matters without tribal consent
• Derived from Commerce Clause and Treaty Clause of U.S. Constitution
• Supreme Court decisions (Cherokee Nation v. Georgia, Worcester v. Georgia) affirmed federal authority over Indian affairs

Government-to-Government Relationship

• Recognizes tribes as sovereign entities with inherent powers of self-governance
• Establishes direct communication between tribal leaders and federal officials
• Requires federal agencies to consult with tribes on policies affecting tribal interests
• Respects tribal decision-making authority within reservation boundaries
• Acknowledges tribes' right to determine membership and internal governance structures
• Supports nation-to-nation diplomacy through tribal liaisons in federal departments

Federal Recognition Process

• Formal procedure for tribes to gain official acknowledgment from U.S. government
• Administered by Bureau of Indian Affairs within Department of Interior
• Requires tribes to meet seven mandatory criteria (historical existence, community, political influence)
• Can take decades to complete due to extensive documentation requirements
• Recognized tribes become eligible for federal services and protections
• Alternatives include congressional acts or presidential executive orders for recognition
• Impacts tribe's ability to exercise sovereign powers and access federal programs

Policies Impacting Tribal Sovereignty

Indian Reorganization Act and Self-Determination

• Indian Reorganization Act (IRA) of 1934 reversed allotment policy
• Encouraged tribes to adopt written constitutions and establish formal tribal governments
• Aimed to strengthen tribal self-governance and cultural preservation
• Allowed tribes to incorporate and manage their own affairs
• Established revolving credit fund for economic development projects
• Self-determination policy emerged in 1970s, promoting tribal control over programs
• Indian Self-Determination and Education Assistance Act of 1975 key legislation
• Authorized tribes to contract with federal government to manage their own programs
• Expanded tribal authority over education, healthcare, and social services
• Strengthened tribal institutions and increased local decision-making power

Termination Era and Its Aftermath

• Termination policy (1940s-1960s) sought to end federal recognition of tribes
• Aimed to assimilate Native Americans into mainstream society
• House Concurrent Resolution 108 (1953) declared official termination policy
• Over 100 tribes lost federal recognition, including Menominee and Klamath
• Resulted in loss of reservation lands and access to federal services
• Public Law 280 (1953) transferred criminal jurisdiction to certain states
• Termination widely regarded as failure, causing economic hardship for tribes
• Policy shift in 1970s towards self-determination and tribal empowerment
• Many terminated tribes later restored through congressional action
• Lessons learned led to stronger protections for tribal sovereignty in subsequent policies