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Federal Indian Law and Relations::Print Entire Article

Self-Determination (1961-Present) III::

Federal Indian Policy Under Nixon

Under Nixon, Louis R. Bruce, a Sioux-Mohawk, was appointed Commissioner of Indian Affairs. Nixon's 1970 Special Message to the Congress on Indian Affairs, marked a major step in Indian self-determination. He criticised past termination policies; called for new legislation that would empower tribal governments to contract for all existing federal Indian programmes; promised to boost education, economic development, and health programmes; proposed greater support for urban Indian community centres; promised greater protection for land and water resources; and asked Congress to set up a Trust Counsel Authority to represent Indians in legal suits.

The 1970s showed an increased sensitivity to Indian needs, and in 1975 The Indian Self-Determination and Educational Assistance Act was passed, which stressed greater Indian parental and community involvement in Indian educational programmes, and improvement in the ability of tribal governments to carry out such programmes. Greater cultural awareness in such programmes was stressed. Unfortunately, insufficient funding has impeded full implementation of this legislation. The 1970s also saw federal encouragement of tribally-controlled community colleges to train and encourage tribal members to assume jobs on the reservation.

In court, meanwhile, Indians won unprecedented victories since the early 1960s, despite occasional setbacks. In general, federal court rulings favoured tribal authority over civil and criminal matters. Several cases strengthened the view that tribal self-government should be promoted and protected over and above state jurisdiction.

1968 saw the foundation of the American Indian Movement (AIM) in Minneapolis, by two Chippewa Indians who wanted to deal with urban Indian complaints in the Twin Cities, such as unemployment, alienation, and poverty. AIM assumed a pan-Indian or supra-tribal stance and adopted the confrontational tactics of the Black Panthers. Urban Indian activism became widespread through the 70s, and AIM expanded its activities to other major cities and to reservations. The infamous Wounded Knee II occupation in 1973 was orchestrated by AIM, and drew considerable national and international attention to Indian problems.

With public awareness into Indian issues and complaints raised, there followed the creation of the American Indian Policy Review Commission, or AIPRC (first authorised by the Senate in 1973), which largely consisted of prominent Indians. AIPRC's Final Report in 1977 stressed Indian sovereignty: "their sovereign rights are of the highest legal standing, established through solemn treaties, and by layers of legislative actions" (American Indian Policy Review Commission 1977:1).1 Indians must be able to deal with government as equals. And tribes must be able to exercise the same legal powers as states and territories, including the right to enact and enforce laws, and to receive federal funds (id.:4-9). AIPRC's recommendations did not, however, lead to any overhaul of Indian affairs.

Notes::

  • 1 - American Indian Policy Review Commission. 1977. Final Report. Vols. 1-2. Washington: Government Printing Office.
© 2002 by Bornali Halder

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