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Federal Indian Law and Relations::Print Entire Article

Self-Determination (1961-Present) IV::

Late 1970s-1980s

Under the Carter administration, the American Indian Religious Freedom Act (AIRFA), 1978, was passed. This act "noted that federal laws, regulations, and policies had previously ignored or abridged religious freedom . . . . The resolution ordered the president to direct federal agencies to respect Native Americans' religious rights and practices" (Parman 1994:168).1 The main thrust of the act was that, "henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right to freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including, but not limited to, access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rights" (AIRFA).

In 1983, President Reagan released his policy statement on Indian affairs, promising to continue increasing tribal self-government and economic self-sufficiency. He promised to deal with tribes on a 'government to government' basis. In fact, subsequently, Indian affairs were transferred to the White House's Office of Intergovernmental Affairs. He also promised to honour federal trust responsibilities.

Despite Reagan's budget cuts during his first two years, which reduced funding for Indian programmes from $3.5 billion to $2.5 billion, and despite certain outrageous comments aimed at Indians made publicly by the Secretary of Interior, James Watt, the Reagan administration did move in the general direction of greater tribal empowerment after his policy statement. In fact, assistant secretary of interior for Indian affairs, the Oregon Waso Indian, Kenneth L. Smith, proclaimed his belief that, just like states and local governments, tribes also needed greater authority.

With the federal Indian budget cuts under Reagan, and the subsequent sizeable increase in Indian unemployment (as a significant percentage of Indians worked in federal and tribal jobs), some Indian leaders echoed Reagan's call for a decrease in Indian dependence on federal aid, and for a move toward greater Indian economic self-sufficiency. While some communities suffered badly from the budget cuts, others became involved in such economic enterprises as fish farming, tourism, and solid waste disposal. Tribal enterprise has also taken the form of gaming (for example high-stakes bingo, casinos, and animal racing operations), sales of tax-free cigarettes, and gas. Gaming, for example, has brought in six billion dollars of new revenue to over one hundred tribes. Furthermore, tribes have been active in attempts to attract major industries to reservations.

A cultural resurgence has also been taking place among Indian communities, with a strong movement to preserve languages, tribal traditions, and histories. This is especially important as over two-thirds of all Indians live off the reservation. There is greater tribal control in the areas of education and health.

In the area of energy resources, Native Americans have gained immensely, too. When land was parcelled out to Indians during the nineteenth century, such land was deemed worthless to Euroamericans. During the twentieth century, ironically, much of this land has been found to be rich in resources. Sixty percent of the country's uranium is found under Indian lands, and one third of the US's low-sulphur coal. Federal government has allowed, and encouraged, outside corporations to contract with tribes for the extraction of such resources as coal, uranium, oil, and so on.

In 1938, the Omnibus Mineral Leasing Act was passed which excluded tribes from decision making and higher profits. Indians were encouraged by energy companies and the BIA to accept flat-rate fees for resources mined on Indian land, rather than push for a percentage on profit revenue. Indians fought this more vigorously throughout the sixties, seventies and eighties, and in 1982 the Indian Mineral Development Act was passed, which authorised joint ownership between Indians and energy companies.

There have been considerable costs to such developments, though. Indians are often paid well below the market value for the resources extracted. Moreover, considerable depletion of such resources is being undertaken by corporations, and serious environmental damages have been caused. Water and air have been contaminated, for example. The Black Hills region of South and North Dakota, and the 'Four Corners' Indian territory of Utah, Arizona, Colorado, and New Mexico, have both been designated 'natural sacrifice areas' for the considerable environmental damages inflicted upon these lands in the name of large-scale resource extraction and development.

As a result of such damage, recent amendments have been made to environmental statutes to allow tribes some degree of regulatory control over the development of natural resources leased out to corporations.

Notes::

  • 1 - Donald L. Parman. 1994. Indians and the American West in the Twentieth Century. Bloomington and Indianapolis: Indiana University Press.
© 2002 by Bornali Halder

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