The 20th century saw a number of significant U.S. legislative acts that profoundly impacted Native American communities. These laws addressed issues ranging from land ownership and tribal sovereignty to education and civil rights. An “act” of Congress is a statute, or law, enacted by the United States Congress, becoming law after passing both the House of Representatives and the Senate, and either being signed by the President or passed over his veto.
Below is a list and brief summary of some of the most important “Indian Acts” from the 1900s:
1. Burke Act (1906)
- Summary: Amended the Dawes Act of 1887, which had divided tribal lands into individual allotments. The Burke Act accelerated the process of granting U.S. citizenship to Native Americans who accepted allotments, but it also allowed the federal government to withhold citizenship until the end of a 25-year trust period, during which the land could not be sold.
- Impact: Further eroded tribal land bases and pressured Native Americans to assimilate into mainstream American society.
2. Indian Citizenship Act (1924)
- Summary: Granted U.S. citizenship to all Native Americans born in the United States. Prior to this, citizenship had been granted piecemeal, often conditional on land allotment or military service.
- Impact: While it recognized Native Americans as citizens, it did not guarantee voting rights, which were still denied by many states until much later.
3. Indian Reorganization Act (IRA) (1934)
- Summary: Also known as the Wheeler-Howard Act, this law aimed to reverse the assimilationist policies of the Dawes Act. It encouraged tribal self-government, restored some tribal lands, and provided funding for economic development and education.
- Impact: Marked a shift toward supporting tribal sovereignty and cultural preservation, though not all tribes chose to adopt its provisions.
4. Indian Claims Commission Act (1946)
- Summary: Established the Indian Claims Commission to hear and resolve longstanding tribal grievances over land seizures and treaty violations. Tribes could file claims for compensation for lands taken by the U.S. government.
- Impact: While it provided financial compensation, it did not return land or fully address the injustices of dispossession.
5. Termination Policy (1950s)
- Summary: A series of laws and policies aimed at “terminating” federal recognition of tribes, ending their sovereignty, and assimilating Native Americans into mainstream society. Key acts included House Concurrent Resolution 108 (1953) and Public Law 280 (1953), which transferred jurisdiction over tribal lands to state governments.
- Impact: Disastrous for many tribes, leading to the loss of land, resources, and cultural identity. The policy was largely abandoned by the 1960s due to widespread opposition.
6. Indian Relocation Act (1956)
- Summary: Part of the termination era, this act encouraged Native Americans to move from reservations to urban areas for job opportunities. The federal government provided relocation assistance but often failed to deliver adequate support.
- Impact: Led to the urbanization of many Native Americans but also contributed to the breakdown of tribal communities and cultural ties.
7. Indian Civil Rights Act (1968)
- Summary: Extended many of the protections of the Bill of Rights to Native Americans living under tribal governments, including freedom of speech, religion, and due process. However, it also imposed limitations on tribal authority.
- Impact: Strengthened individual rights within tribal communities but raised concerns about federal interference in tribal governance.
8. Indian Self-Determination and Education Assistance Act (1975)
- Summary: Allowed tribes to assume control of federal programs and services, such as education and healthcare, that had previously been administered by the Bureau of Indian Affairs (BIA).
- Impact: Empowered tribes to manage their own affairs and marked a significant step toward self-determination.
9. Indian Child Welfare Act (ICWA) (1978)
- Summary: Aimed to address the high rates of Native American children being removed from their families and placed in non-Native foster or adoptive homes. ICWA gave tribes jurisdiction over child welfare cases involving Native children.
- Impact: Strengthened tribal sovereignty and helped preserve Native families and cultures.
10. American Indian Religious Freedom Act (AIRFA) (1978)
- Summary: Protected the rights of Native Americans to practice their traditional religions, including access to sacred sites and the use of ceremonial objects like eagle feathers and peyote.
- Impact: While it was a symbolic victory, enforcement was weak, and Native Americans continued to face challenges in exercising their religious freedoms.
11. Indian Gaming Regulatory Act (IGRA) (1988)
- Summary: Established the framework for regulating gaming operations on tribal lands. It allowed tribes to operate casinos and other gaming facilities, provided they negotiated compacts with state governments.
- Impact: Transformed the economic landscape for many tribes, generating significant revenue and funding for community development.
12. Native American Graves Protection and Repatriation Act (NAGPRA) (1990)
- Summary: Required federal agencies and institutions receiving federal funding to return Native American cultural items, including human remains, funerary objects, and sacred artifacts, to their respective tribes.
- Impact: Helped tribes reclaim their cultural heritage and promoted respect for Native American traditions.
13. Tribal Self-Governance Act (1994)
- Summary: Expanded the Self-Determination Act of 1975 by allowing tribes to enter into compacts with the federal government to manage a broader range of programs and services.
- Impact: Further enhanced tribal autonomy and control over resources and governance.
Conclusion
These legislative Congressional acts reflect the evolving relationship between the U.S. government and Indigenous, Native American tribes throughout the 20th century. While some laws aimed to assimilate or terminate tribes, others sought to restore sovereignty, protect cultural rights, and promote self-determination
