Indian Self-Determination and Education Assistance Act of 1975

Identification U.S. federal civil rights legislation

Date Passed on January 4, 1975

The act’s provisions allow tribes to contract with federal agencies to operate services that were formerly federally operated, giving Native Americans more input into the delivery of such services as health and education.

In the 1970’s, political leaders were beginning to realize the need for Indian self-determination. Native Americans were dissatisfied with federal control and the ways that they were receiving services. Several strongly worded reports in the late 1960’s pointed out problems with Indian education, and public activism by Native Americans was beginning to bring this issue to the forefront. PresidentsLyndon B. Johnson and Richard M. Nixon had begun to solicit input from tribal leaders and encouraged the Bureau of Indian Affairs (BIA) to contract for services with the tribes rather than deliver what the bureau thought was best for them. The Indian Self-Determination and Education Assistance Act of 1975 made legal the procedures for such “contracting out.” Through this act, tribes could have much greater control over services provided to and for them.

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The act described an approach or process to handling funding for Native American services such as health and education. It included rules and procedures for using funds already existing in the BIA and other federal agencies. Thus, it was, more or less, a block grant program, in which funds could be passed from the federal government to state agencies, thereby giving more decision-making power to the levels closer to the sources of funding; for example, state, regional, and tribal levels. The intent of the legislation was to make services such as health and education more accountable to the local tribal communities in which services were provided.

Impact

The Indian Self-Determination and Education Assistance Act of 1975 was called one of the most important pieces of legislation that influences federal policy toward Native Americans. It was the beginning of a movement to help Native Americans become more influential in deciding the types and content of services that they received.

Subsequent Events

Many later critiques of this legislation pointed to evidence that the objectives were not met and, in terms of education, that the Bureau of Indian Affairs continued to control the educational content taught in schools. The act may not have achieved its purposes, but it was later amended and its goal reasserted several times following the 1970’s. The act was amended in 1988 to correct some difficulties that had been noted with implementation since 1975. The spirit of the original act was kept intact. With each iteration, the movement seemed to be toward more autonomy and control for Native Americans in terms of federally funded education and health services.

Bibliography

Castile, George Pierre. To Show Heart: Native American Self-Determination and Federal Indian Policy, 1960-1975. Tucson: University of Arizona Press, 1998.

Reyhner, Jon. Effective Language Education Practices and Native Language Survival. Choctaw, Okla.: Native American Language, 1990.