- Details
- By Levi Rickert
Opinion. Throughout American history, the federal government has adopted various policies to address its relationship with Native Americans.
These policies have ranged from genocidal practices aimed at eradicating tribal nations, forced relocation, implementation of the reservation system, attempts to assimilate Native children through the Indian boarding school system, and the termination of tribes. Each of these actions reveals the federal government's systemic mistreatment of Native Americans, the first people of this land.
When the American Indian Movement (AIM) occupied the Bureau of Indian Affairs headquarters in Washington, DC in November 1972, they discovered documents revealing plans for additional tribal terminations.
In January 1975, Congress passed the Indian Self-Determination and Education Assistance Act (Public Law 93-638), a landmark law enabling tribal nations to manage their own federal treaty and trust funds rather than remain under BIA control as wards of the state.
On this 50th anniversary of the Indian Self-Determination and Education Assistance Act, signed January 4, 1975 by President Gerald R. Ford, we must acknowledge President Richard M. Nixon's foundational role. His 1970 "Special Message to the Congress on Indian Affairs" launched a new era in Federal Indian policy, establishing self-determination as the guiding principle.
In his address, President Nixon commended the resilience, creativity, and adaptability of Native Americans in overcoming immense challenges. He celebrated their significant contributions to the nation through art, culture, and enduring spirit, while emphasizing the importance of strong tribal governments and honoring tribal decision-making.
Congress moved on Nixon’s recommendation and passed legislation that allowed for self-determination among tribes. Ford agreed with Nixon and signed the Act.
The Indian Self-Determination and Education Assistance Act
The Indian Self-Determination and Education Assistance Act ( ISDEAA) shifted U.S. federal policy toward greater tribal self-governance and control. Here’s what it accomplished:
- Tribal Control of Federal Programs: The ISDEAA allowed tribes to contract with the federal government to operate programs and services that were previously managed by federal agencies, such as the BIA and the Indian Health Service (IHS). This includes health care, education, housing, and other services tied to federal treaty and trust obligations.
- Empowerment and Self-Governance: It gave tribes the authority to administer federal programs themselves, fostering self-determination and reducing dependency on federal bureaucracies. Tribes could tailor programs to better meet the unique cultural, social, and economic needs of their communities.
- Strengthening Tribal Sovereignty: By allowing tribes to manage federal funds and programs, the act affirmed tribal sovereignty and supported the federal policy shift away from termination and assimilation.
- Improvements to Indian Education: The ISDEAA included provisions to enhance education for Native American students, allowing tribes to take over the operation of schools and educational programs previously run by the BIA. This allowed for culturally relevant curricula and a greater emphasis on tribal languages and traditions.
- Building Tribal Capacity: The act encouraged tribes to build the administrative capacity to manage programs and handle federal contracts. It also required the federal government to provide technical assistance to tribes to ensure successful program implementation.
Legacy and Expansion
The ISDEAA laid the groundwork for further self-governance policies, including the 1994 Tribal Self-Governance Act, which expanded tribal autonomy by allowing tribes to manage programs with less federal oversight.
By providing tribes the tools to manage their own affairs, the ISDEAA marked a significant step in the federal government’s shift from paternalistic control to a partnership with sovereign tribal nations.
Although federal policy has shifted away from paternalism through self-determination and self-governance, the treaty and trust obligations remain significantly underfunded within the federal budget. For instance, the Indian Health Service (IHS) operates on a $9 billion budget, despite the IHS Budget Formulation Workgroup estimating a minimum need of $50 billion. This figure only accounts for Purchased and Referred Services areas, while the majority of American Indian and Alaska Native populations reside outside reservation boundaries and federal service catchment areas.
Indian Education Under ISDEAA
It may come as a surprise to many Americans that Native Americans are the only group in the United States with a federal right to education, stemming from the treaty and trust obligations established when nearly two billion acres of Indian lands were ceded to the federal government.
These treaties, which often facilitated statehood, explicitly guaranteed provisions for Native "health, education, and social welfare." Judicial precedents have interpreted these obligations as enduring commitments.
For most Americans, access to education is rooted in the 14th Amendment’s Equal Protection Clause, which ensures public education is available to all citizens as a public service. However, for American Indians, the right to education predates their citizenship, granted in 1924 under the Snyder Act. This right was initially imposed through forced assimilation policies, stripping Native students of their culture, language, and religion under the guise of "civilizing" them for their own benefit.
From federal mission and boarding schools to landmark reports like the Meriam Report (1928) and the Kennedy Report (1969), the federal government has long been aware of the educational needs of American Indian and Alaska Native (AI/AN) communities.
These reports, along with the Bureau of Indian Education (BIE) Education Report of 2014, consistently emphasize that restoring culture and language is key to fostering Native identity, resilience, and academic success.
While the ISDEAA is to be celebrated, the lack of funding by Congress makes it difficult for the vast majority of tribes to sustain themselves. Congress must work to fulfill treaty obligations so that tribes can truly be self-determined and prosper.
Thayék gde nwéndëmen - We are all related.
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