Indian Self-Determination and Education Assistance Act (1975)

Since the days of Thomas Jefferson, tribes had been considered sovereign nations and were left to operate their own culture while the federal government maintained a paternal overlord status. Legally, they have been classified as “dependent domestic nations” under U.S. law. But in 1943, the federal government conducted a survey of living conditions on tribal lands and found most of the citizens were living in extreme poverty. The report blamed the Bureau of Indian Affairs (BIA) for mismanagement and, 10 years later, the termination policy was born.

In 1953, Congress adopted Public Law 280, a “termination” policy for American Indian tribes, designed to place Indians within the jurisdiction of the territorial limits of the United States. The move was made because government officials believed American Indians were ready to be part of mainstream culture and no longer needed federal protection. As a result, between 1953 and 1963, 109 American Indian tribes were terminated and removed from federal responsibility—jurisdiction over the people and property was turned over to state governments. This translated into approximately 2.4 million acres of land and resources being removed from federal protected status and sold to non-Indians. More than 12,000 people lost their tribal affiliation and culture.

But Native American tribes were not ready to part with their ways of life, their cultures and religions. After years of dissent and major civil rights events such as the takeover at Wounded Knee and the occupation of Alcatraz Island, Congress passed the Indian Self-Determination and Education Assistance Act (ISDEAA) of 1975, or Public Law 93–638, also known to tribes simply as 638. The law made the following three major changes to American Indian policy:

• 1.
  It allowed American Indian tribes the right to determine their own futures by assuming responsibility for federally [Page 1181]funded programs designed for their benefit; these previously had been administered by the BIA. Tribes could now negotiate their own contracts and compacts and deal directly with the federal government in running their own programs and delivering their own services, in much the same way that states operate.
• 2.
  It enhanced and empowered local tribal governments and their governmental institutions to preserve and control their own culture. This allowed tribal governments to establish policies and laws specific to their tribes and to use federal program funds formerly controlled by the BIA in ways that would best benefit the specific tribe.
• 3.
  It enabled tribes to operate their own educational systems for their children, to teach their own languages and cultural beliefs. This removed the BIA oversight of the schools, which was originally designed to eliminate native cultures; provided for federal-state or territory cooperation with tribes; and provided funding for Indian education. A subsequent amendment created advisory boards comprising parents of Indian children for schools that receive funding through the federal Johnson-O'Malley Act.

This was a significant change from the old law, under which the BIA decided whether a building or service was needed, or how a school curriculum was planned and conducted, and then contracted and oversaw development and operations. Under the ISDEAA, if a tribe wants to build a new school or senior citizens’ center, the tribe can make the determination of need and contract with the appropriate government agency, and then the tribe oversees the construction and operation of the infrastructure and/or facilities. Tribes can also operate their own schools and include instruction on their culture in the curriculum.

...