Doctrine
self determination
Self-determination became federal policy with Nixon's July 8, 1970 message rejecting termination, and law with the Indian Self-Determination Act of January 1975.
- Definition
- The modern federal policy of tribal control of programs and governance.
What happened
Self-determination is the federal policy of letting Native nations direct their own governments and the federal programs that serve them. It replaced termination, which aimed to end the special federal relationship with tribes.
On July 8, 1970, President Richard Nixon sent Congress a Special Message on Indian Affairs, with a section titled "Self-Determination Without Termination." He said the relationship between the federal government and Indian communities had swung between two harsh extremes. He cited House Concurrent Resolution 108 of August 1953, in which Congress declared termination the long-range goal, and called forced termination wrong.
Nixon gave reasons. He said the special relationship rests on solemn obligations entered into by the United States, through treaties and formal and informal agreements. He said the practical results of termination had been clearly harmful where it had been tried. He added that the threat of termination had a blighting effect on tribal progress.
Congress wrote the policy into law in the Indian Self-Determination and Education Assistance Act, Pub. L. 93-638, dated January 4, 1975. Its policy section recognizes the obligation of the United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of federal services. It commits to an orderly transition from federal domination of programs to effective Indian participation in planning, conduct and administration.
Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
This policy of forced termination is wrong, in my judgment, for a number of reasons.
Special Message to the Congress on Indian Affairs, July 8, 1970 (American Presidency Project)the practical results have been clearly harmful in the few instances in which termination actually has been tried
Special Message to the Congress on Indian Affairs, July 8, 1970 (American Presidency Project)respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational
25 U.S.C. 5302 - Congressional declaration of policy (Indian Self-Determination Act)orderly transition from the Federal domination of programs for, and services to, Indians
25 U.S.C. 5302 - Congressional declaration of policy (Indian Self-Determination Act)
Research notes. The signing date of January 4, 1975 comes from the statute's source note (Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203), which gives the date of the law. How self-determination contracts have worked in practice is not covered.
Who is doing the work
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Connections
Applied in 13
- Indian Reorganization Act (Wheeler-Howard Act)1934
- Menominee Restoration Act1973
- Morton v. Mancari1974
- Indian Self-Determination and Education Assistance Act (ISDEAA)1975
- Indian Child Welfare Act (ICWA)1978
- Santa Clara Pueblo v. Martinez1978
- Indian Gaming Regulatory Act (IGRA)1988
- Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act of 20122012
- Menominee Indian Tribe of Wisconsin v. United States2016
- Yellen v. Confederated Tribes of the Chehalis Reservation2021
- Haaland v. Brackeen2023
- Land Acquisitions rule (25 C.F.R. part 151, fee-to-trust)2023
Show all 13
Sources
No source is linked to this record yet. That is a gap we are working to close.
- Kind
- Doctrine
- Confidence
- Medium