Federal Indian Policy
Encyclopedia
Federal Indian Policy refers the relationship between the United States Government and the Indian Tribes
that exist within its borders. Federal Indian Policy contains several eras in which the way the U.S. Government dealt with the Indians constantly changed.
The Indian Intercourse Act of 1790 marked the beginning of the Trade and Intercourse Era. This Act established that no sales of Indian lands were to be made between any persons or state(s) unless the sale was authorized by the United States. The United States federal government was then granted management of trade and diplomatic relations that involved Indians and their lands. The main goal of establishing the Trade and Intercourse Act was to keep peace on the frontier and avoid war with the Natives.
During the Trade and Intercourse Era, the Natives were also included within the United States Government, to some degree, by the establishment of the Bureau of Indian Affairs
(BIA) within the War Department
in 1824. However, land disputes and law jurisdiction cases began to appear frequently in the United States Supreme Court. It was concluded that, "discovery also gave the discoverer the exclusive right to extinguish Indian title either by 'purchase or by conquest'." Natives were recognized only as occupants of the land, and not owners.
was to "give them a space to live undisturbed by white people as they gradually adjust to civilized ways". Though a problem occurred where westward expansion was on the rise and areas in the west were becoming full with settlers and the lands that natives resided on (Nebraska and Kansas territories) ended up being taken from them by the government and given to settlers. Treaties were signed by the natives of the area stating they accepted the downsized reservations or allotments, although their allotments were usually sold to the white settlers by force. Unfortunately the outcome of this devastating removal cost the natives their tribal identity and independence.
passed the General Allotment Act, which is considered one of the earliest attempts aimed toward assimilation
of native tribes. This act intended to give natives a sense of land ownership as well as integrate an agricultural lifestyle with the tribes, much like that of the Americans
and European
s. Under the General Allotment Act, tribal lands were no longer under the control of tribal governments; instead the land was under the control of individual land owners.
This period of allotment over tribal lands became known as the "Allotment and Assimilation Era" mainly because of the main goal of alloting tribal land was to Americanize native peoples into mainstream society. The notion that native peoples could live their lives according to traditional practices and teachings on the reservation was forbidden, thus assimilation became the epitome
of Federal Indian Policy.
The BIA was used during this time to a commanding hold of all aspects of native life, thus upholding the goal of "civilizing" natives.
The Allotment Era resulted in the loss of over two-thirds of tribally entrusted lands from 138 million acres (558,000 km²) in 1871 to 48 million acres (190,000 km²) in 1934. this was mainly due to leasing, and eventually selling tribal lands to white settlers. Allotment didn't work because it was not something Indians were used to. They didn't view the land as something to own. Instead they viewed it as home.
era and the beginning of the John F. Kennedy
administration, less traditional native Americans, congressional leaders, and government administrators developed a policy that they hoped would integrate the Indian population with mainstream America—to de-Indianize Native Americans. To this end, they enacted laws to terminate the government's trusteeship of Indian lands and relocate Indians to the nation's cities. They believed that once Indians left the reservation, they would have opportunities for education and employment—and assimilation.
This was realized when the Alaska Native Claims Settlement Act
(ANCSA) was passed in 1971. The ANCSA allowed for the Alaskan natives to be given 40 million acres (160,000 km²) of land, federal payments of 462.5 million dollars over eleven years, and another 500 million dollars to help with mineral development in Alaska. All this was in exchange for the Alaskans giving up their claim to the land. The act also allowed the Alaskan tribe to have freedom from the BIA.
In the 1960s, there were many Acts passed, geared to helping the Indian tribes. Indian tribes benefited greatly from these because it gave them rights within both the tribal and federal government. In 1968, the Indian Civil Right Act was passed. It recognized the Indian tribes as sovereign nations with the federal government.
In the 1970s, one of the most significant pieces of legislation passed through Congress. The Self-Determination and Educational Assistance Act of 1975, allowed tribes to have more tribal control over federally subsidized programs for Indians. Another important Act passed by Congress was the Indian Child Welfare Act of 1978, it granted tribal government jurisdiction over child custody and adoption on the reservation.
As the years continued the United States government continued to pass legislation that benefited Indian tribes and their sovereignty.
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
that exist within its borders. Federal Indian Policy contains several eras in which the way the U.S. Government dealt with the Indians constantly changed.
The Trade and Intercourse Era
During the Trade and Intercourse Era, the Natives were also included within the United States Government, to some degree, by the establishment of 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) within the War Department
United States Department of War
The United States Department of War, also called the War Department , was the United States Cabinet department originally responsible for the operation and maintenance of the United States Army...
in 1824. However, land disputes and law jurisdiction cases began to appear frequently in the United States Supreme Court. It was concluded that, "discovery also gave the discoverer the exclusive right to extinguish Indian title either by 'purchase or by conquest'." Natives were recognized only as occupants of the land, and not owners.
Westward expansion and Indian relocation
During the early 19th century as the eastern settlers of the United States felt the need to explore westward, the natives were caught in the middle of things. Eastern Indian tribes were forced out of their homelands to barren areas that contained fruitless soils, though they had a prosperous relationship beforehand. The reason given to justify the Indian removal stated by Thomas JeffersonThomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
was to "give them a space to live undisturbed by white people as they gradually adjust to civilized ways". Though a problem occurred where westward expansion was on the rise and areas in the west were becoming full with settlers and the lands that natives resided on (Nebraska and Kansas territories) ended up being taken from them by the government and given to settlers. Treaties were signed by the natives of the area stating they accepted the downsized reservations or allotments, although their allotments were usually sold to the white settlers by force. Unfortunately the outcome of this devastating removal cost the natives their tribal identity and independence.
Allotment and Assimilation Era (1887-1943)
In 1887, the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed the General Allotment Act, which is considered one of the earliest attempts aimed toward assimilation
Americanization (of Native Americans)
The Americanization of Native Americans was an assimilation effort by the United States to transform Native American culture to European-American culture between the years of 1790–1920. George Washington and Henry Knox were first to propose, in an American context, the cultural transformation of...
of native tribes. This act intended to give natives a sense of land ownership as well as integrate an agricultural lifestyle with the tribes, much like that of the Americans
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and European
European ethnic groups
The ethnic groups in Europe are the various ethnic groups that reside in the nations of Europe. European ethnology is the field of anthropology focusing on Europe....
s. Under the General Allotment Act, tribal lands were no longer under the control of tribal governments; instead the land was under the control of individual land owners.
This period of allotment over tribal lands became known as the "Allotment and Assimilation Era" mainly because of the main goal of alloting tribal land was to Americanize native peoples into mainstream society. The notion that native peoples could live their lives according to traditional practices and teachings on the reservation was forbidden, thus assimilation became the epitome
Epitome
An epitome is a summary or miniature form; an instance that represents a larger reality, also used as a synonym for embodiment....
of Federal Indian Policy.
The BIA was used during this time to a commanding hold of all aspects of native life, thus upholding the goal of "civilizing" natives.
The Allotment Era resulted in the loss of over two-thirds of tribally entrusted lands from 138 million acres (558,000 km²) in 1871 to 48 million acres (190,000 km²) in 1934. this was mainly due to leasing, and eventually selling tribal lands to white settlers. Allotment didn't work because it was not something Indians were used to. They didn't view the land as something to own. Instead they viewed it as home.
Termination and relocation (1945-1960)
Between the end of the Franklin D. RooseveltFranklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
era and the beginning of the John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
administration, less traditional native Americans, congressional leaders, and government administrators developed a policy that they hoped would integrate the Indian population with mainstream America—to de-Indianize Native Americans. To this end, they enacted laws to terminate the government's trusteeship of Indian lands and relocate Indians to the nation's cities. They believed that once Indians left the reservation, they would have opportunities for education and employment—and assimilation.
Tribal self determination era
In the early 1960s, President John F. Kennedy wanted the Indian tribes to be recognized as independent nations governing themselves. He promised the Indian tribes that treaties made prior to 1960 would be recognized by the federal government and that their rights as Indian people would be protected.This was realized when the Alaska Native Claims Settlement Act
Alaska Native Claims Settlement Act
The Alaska Native Claims Settlement Act, commonly abbreviated ANCSA, was signed into law by President Richard M. Nixon on December 23, 1971, the largest land claims settlement in United States history. ANCSA was intended to resolve the long-standing issues surrounding aboriginal land claims in...
(ANCSA) was passed in 1971. The ANCSA allowed for the Alaskan natives to be given 40 million acres (160,000 km²) of land, federal payments of 462.5 million dollars over eleven years, and another 500 million dollars to help with mineral development in Alaska. All this was in exchange for the Alaskans giving up their claim to the land. The act also allowed the Alaskan tribe to have freedom from the BIA.
In the 1960s, there were many Acts passed, geared to helping the Indian tribes. Indian tribes benefited greatly from these because it gave them rights within both the tribal and federal government. In 1968, the Indian Civil Right Act was passed. It recognized the Indian tribes as sovereign nations with the federal government.
In the 1970s, one of the most significant pieces of legislation passed through Congress. The Self-Determination and Educational Assistance Act of 1975, allowed tribes to have more tribal control over federally subsidized programs for Indians. Another important Act passed by Congress was the Indian Child Welfare Act of 1978, it granted tribal government jurisdiction over child custody and adoption on the reservation.
As the years continued the United States government continued to pass legislation that benefited Indian tribes and their sovereignty.