Indian Self-Determination and Education Assistance Act of 1975
Encyclopedia
The Indian Self-Determination and Education Assistance Act of 1975 (Public Law 9hu38) authorized the Secretaries of the Department of Interior, 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 450.
Signed into law on January 4, 1975, the ISDEAA made self-determination the focus of government action. The Act reversed a 30-year effort by the federal government under its preceding termination policy to sever treaty relationships with and obligations to Indian tribes. The Act was the result of 15 years of change, influenced by American Indian activism, the Civil Rights Movement
, and community development based on grassroots political participation.
(IRA) of 1934 was an early step in the renewal of tribal self-governance, in the forms of creation of constitutions and employment of counsel. The IRA was somewhat limited, as all tribal actions were subject to review by the Secretary of the Interior (via the Bureau of Indian Affairs
(BIA).
In the 1950s some members of Congress passed legislation to renew the effort to have Native Americans assimilate, and to terminate the special relationship between the federal government and tribal nations. The government sought to terminate the legal standing of numerous tribes, judging their members ready to be independent US citizens. More than 100 tribes and communities were terminated. For more on Termination, please see Indian termination policy
.
The failure of termination policies became obvious with assessment by the late 1960s. Native Americans and the federal government began to work for a return to greater Indian rights represented by the earlier IRA. The passage of the Indian Civil Rights Act of 1968
(ICRA) was influential. ICRA guaranteed the application of much of the Bill of Rights
in Indian Country
, a guarantee which Native Americans on reservations had not enjoyed.
The rise of activist groups in the 1960s, such as the American Indian Movement
(AIM), and high-profile demonstrations such as the occupation of Alcatraz, helped bring the issue of Native American rights to greater prominence in public policy. President Richard Nixon
's "Message from the President of the United States Transmitting Recommendations for Indian Policy" (8 July 1970) recommended self-determination for Indian tribes as a goal of the federal government. His message said that termination was an incorrect policy. Nixon called for broad-sweeping self-determination legislation. This goal was met in the Indian Self-Determination and Education Assistance Act.
The BIA at first resisted this change. The process was strictly for approval of funds for tribal use. Continued efforts by tribal leaders to obtain the grant money and pressure from Congressional representatives helped bring about a new way of doing business. The influence of the BIA over tribal affairs slowly lessened. In addition, the Supreme Court in Cherokee Nation of Okla. v. Leavitt
found that the Federal government was liable for payments under a 638 contract.
Signed into law on January 4, 1975, the ISDEAA made self-determination the focus of government action. The Act reversed a 30-year effort by the federal government under its preceding termination policy to sever treaty relationships with and obligations to Indian tribes. The Act was the result of 15 years of change, influenced by American Indian activism, the Civil Rights Movement
Civil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
, and community development based on grassroots political participation.
Brief history
The Indian Reorganization ActIndian Reorganization Act
The Indian Reorganization Act of June 18, 1934 the Indian New Deal, was U.S. federal legislation that secured certain rights to Native Americans, including Alaska Natives...
(IRA) of 1934 was an early step in the renewal of tribal self-governance, in the forms of creation of constitutions and employment of counsel. The IRA was somewhat limited, as all tribal actions were subject to review by the Secretary of the Interior (via the Bureau of Indian Affairs
Bureau of Indian Affairs
The Bureau of Indian Affairs is an agency of the federal government of the United States within the US Department of the Interior. It is responsible for the administration and management of of land held in trust by the United States for Native Americans in the United States, Native American...
(BIA).
In the 1950s some members of Congress passed legislation to renew the effort to have Native Americans assimilate, and to terminate the special relationship between the federal government and tribal nations. The government sought to terminate the legal standing of numerous tribes, judging their members ready to be independent US citizens. More than 100 tribes and communities were terminated. For more on Termination, please see Indian termination policy
Indian termination policy
Indian termination was the policy of the United States from the mid-1940s to the mid-1960s. The belief was that Native Americans would be better off if assimilated as individuals into mainstream American society. To that end, Congress proposed to end the special relationship between tribes and the...
.
The failure of termination policies became obvious with assessment by the late 1960s. Native Americans and the federal government began to work for a return to greater Indian rights represented by the earlier IRA. The passage of the Indian Civil Rights Act of 1968
Indian Civil Rights Act of 1968
The Indian Civil Rights Act of 1968 applies to the Indian tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable within the tribes. The Act appears today in Title 25, sections 1301 to 1303 of the United States Code.- Events before passage of...
(ICRA) was influential. ICRA guaranteed the application of much of the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
in Indian Country
Indian Country
Indian country is a term used to describe the many self-governing Native American communities throughout the United States. This usage is reflected in many places, both legal and colloquial...
, a guarantee which Native Americans on reservations had not enjoyed.
The rise of activist groups in the 1960s, such as the American Indian Movement
American Indian Movement
The American Indian Movement is a Native American activist organization in the United States, founded in 1968 in Minneapolis, Minnesota by urban Native Americans. The national AIM agenda focuses on spirituality, leadership, and sovereignty...
(AIM), and high-profile demonstrations such as the occupation of Alcatraz, helped bring the issue of Native American rights to greater prominence in public policy. President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
's "Message from the President of the United States Transmitting Recommendations for Indian Policy" (8 July 1970) recommended self-determination for Indian tribes as a goal of the federal government. His message said that termination was an incorrect policy. Nixon called for broad-sweeping self-determination legislation. This goal was met in the Indian Self-Determination and Education Assistance Act.
Implementation
If a tribe wants a new health clinic, day care center, etc., the tribe contracts with the appropriate government agency (a "638 contract"). When it receives the grant, it manages the construction and operation of the infrastructure. This enables the tribe to manage its affairs more quickly, rather than waiting for projects to be managed by a federal agency.The BIA at first resisted this change. The process was strictly for approval of funds for tribal use. Continued efforts by tribal leaders to obtain the grant money and pressure from Congressional representatives helped bring about a new way of doing business. The influence of the BIA over tribal affairs slowly lessened. In addition, the Supreme Court in Cherokee Nation of Okla. v. Leavitt
Cherokee Nation of Okla. v. Leavitt
Cherokee Nation of Okla. v. Leavitt, 543 U.S. 631 , was a case in which the Supreme Court of the United States held that a contract with the Federal Government to reimburse the tribe for health care costs was binding, despite the failure of Congress to appropriate funds for those...
found that the Federal government was liable for payments under a 638 contract.
External Pages
- Directory for Actual Legislation