14.4 The shift towards self-determination in federal Indian policy

The shift towards self-determination marked a pivotal change in federal Indian policy. Moving away from termination, it empowered tribes to manage their affairs and resources. This era saw the growth of tribal governments, increased political influence, and new economic opportunities for Native American communities.

However, challenges persisted. While self-determination opened doors for innovation and cultural preservation, many tribes still grappled with poverty, health disparities, and complex relationships with federal and state governments. Despite obstacles, this period fostered resilience and sovereignty among Native American tribes.

Federal Indian Policy Evolution

Termination Era (1953-1968)

• Aimed to end federal government's trust responsibilities to Native American tribes
• Sought to assimilate Native Americans into mainstream American society
• House Concurrent Resolution 108 and Public Law 280 enabled termination of federal recognition and services for over 100 tribes (Menominee, Klamath, and Western Oregon tribes)
• Resulted in loss of tribal lands, cultural identity, and economic opportunities for many tribes

Shift Towards Self-Determination (1960s-1970s)

• Influenced by civil rights movement and recognition of failures of termination policies
• President Lyndon B. Johnson's "Great Society" initiatives provided funding for Native American community development projects (Office of Economic Opportunity)
• Fostered a new generation of Native American leaders who advocated for greater tribal sovereignty and self-determination
• Indian Civil Rights Act of 1968 extended protections of Bill of Rights to Native Americans on reservations
• Laid groundwork for greater tribal sovereignty by recognizing inherent rights of tribes to govern themselves
• President Richard Nixon's 1970 address to Congress emphasized importance of tribal self-determination
• Marked significant shift away from paternalistic policies of the past towards greater respect for tribal sovereignty and self-governance

Impact of Self-Determination Act

Indian Self-Determination and Education Assistance Act (ISDEAA) of 1975

• Allowed tribes to contract with federal government to manage their own programs and services (healthcare, education, social services)
• Provided mechanism for tribes to assume greater control over their own affairs and prioritize their own needs and goals
• Southwestern tribes (Navajo Nation, Tohono O'odham Nation) used ISDEAA to take over management of programs from Bureau of Indian Affairs and Indian Health Service
• Enabled development of tribal educational programs tailored to specific needs and cultural traditions of communities (tribal colleges and universities)

Assertion of Tribal Sovereignty over Natural Resources

• ISDEAA allowed Southwestern tribes to assert greater control over natural resources (water rights, mineral resources)
• Tribes developed their own economic development strategies to generate revenue and create jobs for members
• Examples include gaming enterprises, tourism, and natural resource extraction (coal mining on Navajo Nation, copper mining on San Carlos Apache Reservation)
• Strengthened tribal sovereignty by recognizing inherent right of tribes to manage their own lands and resources

Growth of Tribal Governments

Expansion of Tribal Governmental Capacity

• Era of self-determination led to significant expansion of tribal governments and capacity to manage own affairs
• Many Southwestern tribes developed sophisticated governmental structures (elected tribal councils, executive branches, judicial systems)
• Tribes assumed greater responsibility for providing essential services to members (healthcare, education, housing, public safety)
• Examples include Navajo Nation's judicial system, which incorporates traditional Navajo law and values, and the Gila River Indian Community's healthcare system, which integrates traditional healing practices with modern medicine

Increased Political Influence and Economic Development

• Growth of tribal governments led to increased political influence at state and federal levels
• Tribes advocated for interests and rights through lobbying, litigation, and other means (water rights cases, land claims)
• Developed economic development strategies to generate revenue and create jobs (gaming enterprises, tourism, natural resource extraction)
• Examples include Tohono O'odham Nation's Desert Diamond Casinos and the Mescalero Apache Tribe's ski resort and casino
• However, growth of tribal governments also created challenges (need for greater accountability and transparency, balancing of traditional cultural values with modern governance practices)

Challenges and Opportunities for Self-Determination

Ongoing Challenges

• Despite progress, Southwestern tribes continue to face significant challenges in exercising self-determination
• High rates of poverty, unemployment, and health disparities limit ability to fully realize benefits of self-governance
• Ongoing challenges in relationships with federal and state governments (disputes over jurisdiction, funding, protection of tribal sovereignty)
• Legacy of colonialism and historical trauma creates barriers to trust and cooperation with non-Native governments and institutions

Opportunities for Innovation and Resilience

• Era of self-determination has created new opportunities for tribes to assert rights, preserve cultural heritage, and build stronger communities
• Tribes using sovereignty to develop innovative solutions to complex problems (climate change, sustainable resource management, revitalization of Indigenous languages and traditions)
• Examples include Hopi Tribe's Hopi Tutskwa Permaculture Institute, which promotes sustainable agriculture and food sovereignty, and the San Carlos Apache Tribe's language immersion programs for youth
• Growth of intertribal organizations and coalitions (Inter Tribal Council of Arizona, National Congress of American Indians) has created opportunities to share knowledge, resources, and strategies for advancing self-determination
• Provides a unified voice for advocating for tribal interests and rights at regional and national levels