Native America Self-Determination and Education Assistance Act
The Native America Self-Determination and Education Assistance Act, enacted in 1975, represents a significant shift in federal policy towards Native American communities. This legislation was a response to decades of paternalistic governance, promoting instead the principles of tribal sovereignty and self-determination. It empowers tribes to manage their own programs, particularly in education, allowing for greater local control and responsiveness to the unique needs of Native communities. The Act acknowledges the U.S. government's responsibility to honor its relationship with Indigenous peoples, emphasizing their right to participate actively in decisions affecting their lives.
Structured in three main sections, the Act outlines a commitment to self-determination while preserving the federal trust relationship. It includes provisions for hiring preferences for American Indians in federal contracts, further supporting economic opportunities within these communities. Despite some limitations regarding the Bureau of Indian Affairs' oversight, many tribes have successfully taken over the administration of programs previously controlled by the federal government. The Act's most notable impact is seen in education, as a majority of schools once operated by the Bureau are now tribally run, reflecting a broader trend towards educational autonomy and empowerment among Native American tribes. This landmark legislation is foundational for advancing the rights and aspirations of Indigenous peoples in the United States.
Native America Self-Determination and Education Assistance Act
Date: 1975
Tribes affected: Pantribal
Significance: This act marked a significant swing away from the overt assimilationist policies of the federal government and supported the basic concepts of tribalism and Native American sovereignty
The 1970’s were marked by support of federal officials for broadening Indian participation in programs that affected them and lessening the paternalism that had guided federal Indian policy for so long. The Indian Self-Determination and Education Assistance Act of 1975 marked a radical change in federal policy—the assimilationist philosophy of the federal government was replaced by policies favoring tribalism and Native American sovereignty. This law enabled and encouraged tribes to take over and run their own programs.
The act clearly endorsed American Indian decision making, and the preamble declared that the United States recognized its obligation “to respond to the strong expression of the Indian people for self-determination by assuring maximum participation in the direction of educational as well as other federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities.” It also stated that Congress confirms its commitment to maintain “the Federal Government’s unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy.”
The Self-Determination and Education Assistance Act consists of three major sections. In the first part, Congress outlines the basic federal policy toward native people, denounces federal paternalism, and affirms tribal rights to control their own affairs. Second, Congress asserts it will work for self-determination for American Indians particularly in education, while maintaining and preserving the trust relationship. Third, Indians will receive hiring preference in all federal government contracts affecting Indian tribes.
The most significant drawback to the act is that, even though decision-making and administrative authority seemed to pass to tribal councils, the Bureau of Indian Affairs maintained the power to decide which tribal contracts it would accept. This reserved power included determining budget allocations provided to tribes who seek to run their own programs. Yet despite limitations placed on tribal authority, many tribes throughout the United States contract and run many programs that were formerly run by the Bureau of Indian Affairs. The most dramatic impact of the act has been in the area of education. A majority of former Bureau of Indian Affairs schools are now run by tribes, and many higher education scholarship programs are tribally run. The act is important in that it supports the basic concept of tribal self-determination.