Historical timeline of American Indian policies

This time period is marked by initial encounters and the establishment of relations. Spanish efforts are aimed at conquest, ending the sovereignty of indigenous nations. The French explore vast areas of the mid-continent, establish settlements along the Saint Lawrence river valley and the Gulf coast, and send missionaries and traders to live with Native nations. The English found colonies along the east coast and around Hudson’s Bay. Dutch, Scottish, Swedish, Basque, Portuguese, and other people establish communities in various places in North America.

The Indian Provisions of the Royal Proclamation of 1763 establish the model for British and American relations with Native nations.

This period shows the context of sovereign Native nations essential to the founding and establishment of the United States. It ends with the purchase of the French claim to Louisiana territory (including present day Iowa).

Several foundational policies for relations with Native nations are established in this period. Of particular interest might be the Trade and Intercourse Acts, the Northwest Ordinance, and the documents surrounding the Louisiana purchase. These establish Jefferson’s idea to use economics as a force to “civilize” Native nations and make them sell their lands.

After the purchase of the French claim to Louisiana Territory, the United States turned its focus to Native sovereignty and land rights. This happened within two contexts: efforts to remove Native nations to an Indian Territory to make space for an orderly settlement by Americans, and the idea of Manifest Destiny that saw the United States as divinely ordained to possess and settle North America.

Of foundational importance here are the cases of the Marshall Trilogy. Johnson v. McIntosh establishes the right of cultivators to take the land of hunters and gatherers (the Doctrine of Discovery) – ignoring the fact that native nations were agricultural. Cherokee v. Georgia and Worcester v. Georgia establish the extent and unilateral limitation of Native sovereignty as “domestic dependent nations.”

Between the Civil War and 1890, the United States made the last treaties with Native nations and then began the policy of forced assimilation. Settlement of the plains was prepared by three interconnected acts: the Morril Act, the Homestead Act, and the Transcontinental Railroad Act. Treaty making ended in 1871. Congress then began a process of regulation through its assumed position as a guardian over Native nations.

The regulation of land ownership (through allotment) and jurisdiction (through the Major Crimes Act) still have far reaching consequences today.

In this time span, the federal government is further refining previous policies of assimilation. The supreme court is also refining and revising some of its decisions, and Native nations begin to demand their rights – for example water rights in Winters v. US. The Snyder Act and the Indian Citizenship Act lead into a new era.

During the New Deal, federal policy shifted in its relationships with Native nations. Under John Collier, the Bureau of Indian Affairs adopted policies of the Indian New Deal, starting with the Indian Reorganization Act. However, during the second world war and after, the opposition to the new policies grew, and the beginning of a policy of termination of sovereignty began.

Between 1950 and 1970, the United States followed a policy of termination in its relations with Native nations. It aimed at terminating the special legal status of sovereign Native nations. These policies also led to American Indians reaffirming their rights under treaties and Native sovereignty. In the 1960s, a growing movement began to resist federal policies.

After the termination ended in disaster for the nations who had been terminated, and under pressure from social movements, the federal government adjusted its policies. The new focus was now self-determination. The 1970s saw a slew of acts that enhanced tribal self government. However, this time span ended with the supreme court decision in Lyng, which gravely restricted the progress that had been achieved in recognizing tribal rights.

After Lyng and the passing of the Native American Graces Protection and Repatriation Act (NAGPRA), policies and court decisions paint a rather diverse picture of federal relations to Native nations.

This period is dominated in many ways by the lawsuits surrounding trust fund mismanagement (especially Cobell). The largest class-action lawsuit in American history, it is settled in 2010.

Far from defining a new era of policy, different United States administrations have been changing federal policies in significant ways. These shifts mark a time of uncertainty for sovereign Native nations.

In 2010, the United States recognizes the UN Declaration on Indigenous Rights as a moral guideline. This is put to the test in several instances over tribal consultation and Free, Prior, and Informed Consent (FPIC) rights.