Foundations of Self Determination Self-Determination: A policy to allow tribes the right to determine their own future by providing them sovereignty - PowerPoint PPT Presentation

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Foundations of Self Determination Self-Determination: A policy to allow tribes the right to determine their own future by providing them sovereignty


Part Three: Foundations Examples of Successes leading to a New Indian Policy This Powerpoint is subject to continuous revisions. Written and Revised by Scott Fritz ... – PowerPoint PPT presentation

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Title: Foundations of Self Determination Self-Determination: A policy to allow tribes the right to determine their own future by providing them sovereignty

Foundations of Self DeterminationSelf-Determinat
ion A policy to allow tribes the right to
determine their own future by providing them
  • Part Three Foundations
  • Examples of Successes leading to a New Indian

This Powerpoint is subject to continuous
revisions. Written and Revised by Scott Fritz,
Ph.D. on October 27, 2015 at 1145 a.m. Western
New Mexico University
Early Successes of the Sustaining Figures
  • Lakota Sioux overturn Public Law 280 in 1964
  • Rosebud Reservation, South Dakota
  • Tribal leaders Cato Valandra
  • Referendum
  • First time, Sioux voted in great numbers

Cato Valandra b. 1921, Rosebud Indian
Reservation, S. Dakota, WWII, est. business, in
1954, treasurer of Rosebud Reservation, oversaw
influx of federal monies in 1960s, elected tribal
chairman in 1962, oversaw economic development,
road building, housing, lowered unemployment, in
1970s he was Economic Development Administration
director and administrator for Tribal Planning
Office, in 1977, became director of Institute of
Indian Studies at University of S. Dakota.

Termination ends Colville Reservation in
  • To be terminated in 1961
  • There was some support for termination
  • Each family would receive 30,000 because of
    timber resources
  • Traditionals against termination
  • Lucy Covington against termination If an
    Indian doesnt have land, he has nothing.

Lucy Covingtons Fight against Termination of
Colville Reservation
  • B. 1910 Colville Indian Tribe, Washington
  • Confederated tribe Included Salish-speaking
    tribes like Nespelem, Sanpoil, Wenatchi and Chief
    Josephs band of Nez Perce
  • Sold cattle to fight termination
  • Pay for lawyers and airline tickets to Washington
  • Ran in 1968 tribal election on an
    anti-termination slate ? won
  • Covington held referendum for or against
  • Reservation residents to vote against it
  • Stopped the Colville Indian Reservation
    termination bill in 1971
  • Significance movement toward Self-Determination
  • Died -- 1982

Menominee Termination (overturned)
  • Background Menominee (of Wisconsin) were
    terminated in 1961
  • Members went to cities
  • Lands had transferred to Menominee Enterprises,
    Inc. (MEI)
  • Background Menominee Enterprises Monies
    overseen by First Wisconsin Trust Co.
  • Voting Trust dominated by Anglos
  • Problems
  • Low sales of timber from outmoded lumber mill
  • Pay taxes
  • Following Termination tribe only had 1.7
  • Assets drop to 300,000 in 1964
  • Consequences
  • Lost health facility
  • Children dropped out of school
  • Unemployed doubled
  • Attempted real estate development Legend Lake
    to sell to non-Indians

Move to end Menominee termination begins
  • Determination of Rights and Unity for Menominee
    Shareholders (DRUMS)
  • End Legend Lakes land sales
  • End Termination
  • Leaders Ada Deer
  • Picketed Legend Lakes sales office and
    promotional events in Milwaukee
  • 1971 marched on Madison, WI.
  • DRUMS put up slate of candidates in annual
    election of MEI voting trustees and won a
    majority of votes

ADA DEER, B. 1935, degree from University of
Wisconsin, involved with DRUM, helped bring an
end to Termination Era, Chair of Menominee
Restoration Committee, served as first native
woman to head of the Bureau of Indian Affairs
Menominee Restoration Act (1973)
  • By 1972, support from
  • Native American Defense Fund
  • Wisconsin Legislators
  • Ada Deer went to Washington, D.C. to lobby for
    the Menominee Restoration Act
  • Signed by President Richard Nixon
  • Recreated reservation and tribal sovereignty
  • Act allowed for
  • Menominee Restoration Committee (headed by Ada
    Deer) draft new constitution
  • Election of new tribal council
  • New tribal police force and implementation of
    tribal laws
  • Enforcement of tribal hunting and fishing
  • New health clinic

NADF est. in 1970 to provide money to lawyers who
worked for reservations. Background Office of
Economic Opportunity had funded lawyers to work
in Indian Country. As cases increased, need to
create a national organized was created, hence
the NADF.
Office of Economic Opportunity
  • Est. 1964 Reservations used funds for
    development programs
  • Independent of BIA
  • Community Action Programs (CAP)
  • President Lyndon B. Johnsons War on Poverty
  • Significance
  • OEO projects infused Indian country with great
    confidence to continue fighting, such as against
  • Origin of Self-Determination

Use of oeo monies some examples
  • New Mexico Pueblos
  • Programs to train silversmiths
  • Factory to build adobe brick
  • Red Lake Chippewa
  • Programs to train carpenters, plumbers, and
  • Navajo
  • Rough Rock Demonstration School, est. 1966
  • First Indian-run school
  • To teach Navajo children both Navajo culture and
    English, reading, and math

Returned Blue Lake to the Taos Pueblo in 1970
Taos blue lake
  • Sacred lake for the Taos Pueblo
  • Source of Rio Pueblo de Taos
  • Drinking water
  • Pilgrimage to lake
  • 25 mile trek in August
  • Shrines along trail
  • Done in secret outsiders not allowed
  • Belief
  • Taos Pueblo emerged from its waters
  • Tribal leader Paul Bernal The water is purified
    by nature and therefore is holy water coming from
    Blue LakeBlue Lake is our Indian Church.

Taos Pueblo Lost ownership of Blue Lake
  • Creation of the Taos National Forest, 1906
  • Included Blue Lake
  • Chief Forester Gifford Pinchot did not receive
    permission from Taos Pueblo
  • Forest Service opened up the area to camping,
    hunting, fishing
  • Lake stocked with trout
  • Religious sites destroyed

Taos National Forest renamed Carson National
Paul Bernal fights for Blue lake
  • Paul Bernal
  • WW II Vet
  • Appointed by elder Juan de Jesus Romero to be
    Pueblos representative to outside world
  • Indian Claims Commission
  • In 1965 -- offered money to Taos for loss of Blue
  • Bernal against monetary payment wanted land
  • Taos Pueblo hired lawyer Felix Cohen
  • Submitted bills to Congress in 1950s
  • Failed because Forest Service did not want to
    encourage other tribes (like Tlingit and Tongass

Indian Claims Commission, est. 1946
Felix Cohen b. 1907, 1930s worked for the
Department of the Interior, helped create legal
framework for Indian Reorganization Act,
published Handbook of Federal Indian Law in 1941,
with new policy of Termination, he left public
service to become private lawyer.
Blue Lake returned to Taos, 1970
  • Republican Richard Nixon won 1968 election
  • Saw return of lake as a chance to appeal to
    Indian voters
  • Lake returned
  • Nixon administration cited freedom of religion

Alaska native land claims recognized in 1971
  • Context
  • Alaska Purchased in 1867
  • No treaties with federal government
  • Native groups like the Tlingit, Haida, Eyak,
    Inuit, and Athabascans
  • Statehood in 1959
  • Put forward land claims when Alaska become a
    state (claimed much of Alaska)
  • State of Alaska, BLM, Forest Service, oil
    companies made land claims too

Alaska Indian Claims continued
  • Alaska Federation of Natives (est. 1966)
  • Tensions between Indians and government
  • Deep Freeze 1969
  • Secretary of Interior Stewart Udall imposed
    moratorium on decisions regarding land claims
    (for Indians and non-Indians)
  • Negotiations continued into early 1970s
  • Indians, environmentalists, mining and oil
  • Alaska Native Claims Settlement Act (ANCSA)
    signed in 1971
  • Tribes gave up 1/9th of the state in exchange for
    962.5 Million)
  • Tribes received 44 million acres

ANCSA created Native Corporations
  • To administer money and lands
  • Corporations selected lands
  • Held Title
  • Receive monies from settlement
  • Invest funds, and give out payments to tribes

Restoration of fishing and hunting rights
  • In 1972, Michigan Supreme Court overruled the
    Chosa Decision 1930, claiming that the 1854
    Treaty with the Keweenaw Bay Band of Chippewa
    guaranteed fishing rights
  • In 1972, Idaho vs. Tinno Shoshone and Bannock had
    fishing and hunting rights guaranteed in Fort
    Bridger Treaty of 1868
  • United States v. Washington 1974
  • Billy Frank
  • Boldt Decision
  • Allow tribes to fish at traditional sites and
    manage salmon fisheries

What is Self-Determination?
  • Todays U.S. Indian Policy
  • Indian Self-Determination and Education Act
  • Tribes receive money directly and the tribes use
    the money independent of the federal agencies
  • Tribes administer their own (i.e.) day care
    centers, schools, health clinics, etc.
  • How did Self-Determination develop? Lets look at
    its foundations

Maine Indian Claims settlement, 1980
Land returns for the Passamaquoddy and Penobscot
of Maine
  • Passamaquoddy Treaty of 1794
  • With state of Massachusetts
  • Promised to the tribe some 23,000 acres and 15
  • Land had slipped into private hands
  • Passamaquoddy leader John Stevens
  • Leads a sit-in (1964) to prevent a white
    landowner from building tourist cabins on land
    covered by the treaty
  • Tribe hired Tom Tureen to defend their land

Tom Tureen b. 1945, lawyer, pioneered use of
Nonintercourse Acts to obtain return of land.
Helped gain recognition for five New England
tribes and return of their lands
Tom Tureen works for the passamaquoddy and
  • Was paid through Pine Tree Legal Assistance (an
    OEO Indian legal service program)
  • Realized that 1794 treaty was illegal because the
    1790 Nonintercourse Act of 1790 required
    congressional approval of tribal land sales
  • This was same for Penobscot
  • Choice go to Indian Claims Commission for
    monetary recompense or seek reclaiming of land
    (chose latter)

Maine Indian Claims settlement, 1980
  • Signed by Jimmy Carter
  • Provided tribes 81.5 million to be used to
    purchase lands, including timber lands
  • Tribes received federal recognition
  • Other tribes from New England, Alabamba, and
    Texas would do the same, claiming treaties signed
    between their ancestors and the states were
    illegal due to the Nonintercourse Act of 1790

Sovereignty in the Congress and Courts
  • Successes and Some Failures

  • Supreme Court made 120 decisions regarding Indian
    law from 1959 to the 2000s
  • Most decisions were in favor of Indians, until
    the 1980s
  • OEO legal service programs active on reservations
  • Indian Claims Commission ended and private law
    firms took over Indian cases, including
  • Native American Rights Fund, est. 1969
  • Indian Law Resource Center
  • Many Indians studied law

The McClanahan Decision McClanahan v. Arizona
State Tax Commission 1967
  • In 1967, Arizona sought to tax employees of Great
    Western Bank branch in Window Rock, capital of
    Navajo Nation (town is on the reservation)
  • Rosalind McClanahan, employee, contested
    Arizonas right to tax on the reservation
  • She went to the OEO legal services program
    Dinebeiina Nahiilna Be Agaditahe or DNA (lawyers
    helping to revitalize the Navajo people)

McClanahan Decision Continued
  • DNA lawyers based their argument on Worcester v.
    Georgia 1832 state of Georgia cannot pass laws
    on Cherokee lands
  • McClanahan case went to the Supreme Court of
  • The court found in favor of the Navajo ? Arizona
    cannot tax the Navajo
  • Significance
  • Turning points (or foundations) of
  • Success for Indians

Indian Child Welfare Act 1978
  • In 1967, Indian child Ivan Brown taken from his
    home because he was cared by an elderly Indian
    woman (Spirit Lake Sioux, N. Dakota)
  • Indians sued separating children from the tribe
    destroyed their identity
  • Court found many instances of Indian children
    being removed from Indian homes into non-Indian
  • President Jimmy Carter signed the act, which said
    that tribes have jurisdiction over custody cases

Indian Child adoptions
  • BIA placed Indian orphans into white families
  • Justification stable homes, guardianship
  • Case workers did not care, or BIA sought
  • Adoption of John Doe v. Heim (1976)
  • In 1975, Navajo child to be adopted, grandfather
  • Decision Government has right to place Indian
    children into non-Indian households without
    tribal approval

Indian Children adoptions Continued
  • Consequences of taking children out of tribes
  • Language, culture, traditions not continued
  • Grandparents help raise children, impart tribal
    histories, mythologies, etc.
  • UN definition of genocide
  • Forcibly transferring children of one group to
    another group. (Echohawk, 220)
  • Congress realized problem
  • Indian Child Welfare Act (1978)
  • Required state courts to transfer Indian child
    adoptions to tribal courts when a reservation
    requests such actions

Merrion v. Jicarilla Apache 1982
  • Oil and gas companies acquired leases in 1953 and
    tribal government could not tax leases
  • In 1969, Jicarilla tribal council amended
    constitution to implement tax oil and gas
    companies operating on Jicarilla land
  • Companies sued went to Supreme Court
  • Court ruled in favor of Jicarilla
  • Jicarilla has sovereign government, its own laws,
    police, etc.
  • Oil Companies benefited from the government
  • Indians have right to tax leases

Court decisions against Indians
  • Oliphant Decision (1978)
  • Mark Oliphant arrested for fighting by tribal
    police on the Suquamish reservation in Washington
  • Justice Rehnquist Indians lack criminal
    jurisdiction over non-Indians
  • Atkinson Trading Co. Decision (2001)
  • Could Navajo Nation tax a non-Indian hotel (on
    non-Indian land within reservation)?
  • Justice Rehnquist no, Indians cannot tax went
    against Merrion v. Jicarilla Apache

In general, great successes for Indian peoples
  • American Indian Religious Freedom Act, 1978
  • Native American Graves Protection and
    Repatriation Act, 1990
  • Legislators who were pro-Indian Morris Udall and
    John McCain (Arizona) Ben Nighthorse (Colorado)
  • Senator Daniel K. Inouye (Hawaii)
  • Chaired Indian Affairs Committee
  • Helped get pro-Indian legislation passed

Other Court Issues
  • Fishing rights in Pacific Northwest and Great
  • Eagle feathers for ceremonial purposes
  • Water rights in Colorado and Utah
  • Peyote usage in Nevada and New Mexico
  • Casinos in California and Connecticut
  • Tribal taxation over non-Indians in Arizona and

  • Over-turning Public Law 280 in South Dakota
  • Prevention of Colville Reservation Termination,
  • Menominee Restoration 1973
  • Office of Economic Opportunity
  • Return of Blue Lake 1970
  • Alaska Native Claims Settlement Act, 1971
  • Self Determination Act 1978
  • Maine Indian Settlement Act, 1980
  • Supreme Court Decisions
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