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Indian termination policy facts for kids

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Indian termination was a set of policies in the United States from the mid-1940s to the mid-1960s. These policies aimed to make Native Americans live like other Americans. For centuries, the government believed that Native people should give up their traditional ways. They wanted them to become "civilized." But during this time, there was a new urgency. The government wanted to end the special relationship between tribes and the federal government. They wanted tribes to live "as Americans," whether they agreed or not.

This policy stopped the federal government from recognizing tribes as independent nations. It also ended the government's role as a guardian over Indian reservations. State laws then started to apply to Native people. Before, Native Americans were often exempt from some state and federal taxes and laws. Now, the government wanted them to become taxpaying citizens.

Ben Nighthorse Campbell, a former US Senator and a member of the Northern Cheyenne tribe, spoke about this. He said that if the government couldn't change Native people, they would try to absorb them. This would make them disappear into the main culture. He noted that Washington decided tribes should no longer be tribes, even though they had existed for thousands of years.

The termination policy clashed with Native Americans' desire to keep their identity. Because of this, the policy began to change in the 1960s. Growing activism led to tribal governments being restored. Native Americans also gained more control over their own affairs.

How Termination Happened

Termination began with new laws designed to weaken tribal independence. From 1940 to 1950, six laws were passed. These laws gave states power over crimes on tribal lands. In the early 1950s, government reports suggested termination would save money. They also said it would be harmless.

In 1953, House concurrent resolution 108 officially announced the termination policy. It called for ending the federal relationship with certain tribes right away. This resolution meant Congress would pass laws to terminate tribes one by one. Most of these laws ended federal recognition and all federal help. Between 1953 and 1964, the government stopped recognizing over 100 tribes. This affected more than 12,000 Native Americans. About 2.5 million acres (10,000 km²) of protected tribal land were no longer protected. Much of this land was then sold to non-Native people.

Ending federal recognition also meant ending government support. This included health care, education, utility services, and police and fire departments. Many reservations were far from cities and had money problems. They couldn't afford these services after termination. The first tribes chosen for termination were often those considered "successful." Sometimes, this was because their reservations had valuable natural resources.

Some tribes fought back in court. They wanted to keep their governments and their special relationship with the federal government. The Indian Claims Commission allowed tribes to make claims against the government. They could claim broken treaties or unfair dealings. Many tribes filed claims before a 1951 deadline. Sometimes, these legal cases helped tribes avoid termination. Other times, government agents took advantage of tribes again.

Important Laws and Policies

Kansas Act of 1940

Before the 1940s, the federal government usually handled all legal matters for Native Americans. The Kansas Act of 1940 was a test law. It gave Kansas power over most crimes involving Native Americans on reservations. If it worked, similar laws would be used elsewhere. Kansas had already been handling some crimes. This law clarified the state's power. None of the four federally recognized tribes in Kansas had their own courts. So, the state proposed this law to fill a gap. The law, passed in June 1940, allowed Kansas courts to try people for state law violations. This was true even if federal law also covered the crime.

Soon after, similar laws were passed in North Dakota, Iowa, and New York. They gave states power over most crimes involving Native Americans in those areas.

Survey of Indian Conditions

In 1943, the United States Senate studied living conditions on reservations. They found conditions were very poor. The Bureau of Indian Affairs (BIA) was blamed for bad management. Congress decided some tribes no longer needed federal "protection." They thought tribes would be better off with more independence. They also believed tribes should join mainstream American society. The goals of termination included freeing Native Americans from the BIA. It also aimed to end laws that treated Native Americans differently. Senator Arthur Vivian Watkins of Utah strongly supported termination. He compared it to the Emancipation Proclamation, which freed slaves.

In 1953, the United States House of Representatives and the Senate supported termination. They stated their policy in House concurrent resolution 108:

It is the policy of Congress to make Native Americans subject to the same laws and privileges as other citizens as quickly as possible. This means ending their status as wards of the United States and giving them all rights of American citizenship.

Douglas McKay
Douglas McKay, Secretary of the Interior, 1953–1956

Public Law 280

Public Law 280, passed in 1953, gave state governments power over Indian reservations. Before this, states usually had no power there. This law immediately gave criminal and civil power to California, Nebraska, Minnesota, Oregon, and Wisconsin. Some reservations, like Red Lake in Minnesota, were exempt. After Alaska became a state in 1958, it was added to the list. Public Law 280 also let any other state take over power on Indian lands.

This law made both states and Native Americans unhappy. States had new duties but no extra money. Native Americans were now under new state laws. The federal government had two main goals for this law. First, they wanted to fill a gap in justice where Native communities lacked formal court systems. Second, they wanted to help Native people join the cultures of their neighbors. They also wanted states to pay for prosecuting crimes on Indian lands.

Public Law 280 changed the relationship between the federal government and tribes. Before, tribes were directly controlled by the federal government. In 1832, the Supreme Court ruled that state laws could not be enforced on Indian land. This gave tribes some independence. But it also made them rely on a complex government system for services.

Indian Relocation Act of 1956

As part of the termination policy, the Indian Relocation Act of 1956 was passed. This federal law encouraged Native Americans to move from reservations to cities. The idea was to find better job opportunities there.

It's estimated that between the 1950s and 1980s, about 750,000 Native Americans moved to cities. Some were part of this program, others moved on their own. By the year 2000, the number of Native Americans living in cities was 64% higher than before the termination era.

Regaining Federal Recognition

In 1968, President Lyndon B. Johnson suggested ending termination. He wanted to build partnerships with tribal governments. He also aimed to help tribes become self-sufficient. This idea didn't become law, but later presidents followed it. In 1988, House Concurrent Resolution 108 was officially ended.

Many of the over 100 tribes terminated during this time later regained federal recognition. Tribes achieved this through long and costly court battles. Some fights took decades.

Some tribes, like the Choctaw and Seneca, managed to delay termination. They held it off long enough for the policy to be canceled. Other tribes were marked for termination but weren't successfully terminated due to errors. Some, like the Oneida Nation of Wisconsin, went to court to stop termination. Still others fought the process and prevented laws from passing Congress.

Tribal leaders were key in getting their cases heard by Congress and the Supreme Court. They created groups to protest the termination policy. These groups publicly protested and fought political and court battles. Their goal was to restore tribal independence.

Re-recognized and Restored Tribes

Many tribes that were terminated later regained their status as federally recognized nations. Some examples include:

Ending the Policy

President Richard Nixon and former President Lyndon B. Johnson at the dedication of the LBJ Library, 1971
Presidents Lyndon B. Johnson and Richard Nixon supported tribes having more control over their own affairs, instead of termination.

By the early 1960s, some federal leaders started to oppose more termination measures. The last two terminations happened in the 1960s. The Ponca Tribe of Nebraska's termination began in 1962 and ended in 1966. The Tiwa Indians of Ysleta, Texas had federal authority transferred to Texas in 1968. (Both tribes later had their status restored). Presidents Lyndon B. Johnson and Richard Nixon changed federal policy. They encouraged tribes to have more control over their own affairs, rather than ending their status.

President Richard Nixon said in 1970 that forced termination was wrong. He stated that its ideas were incorrect. He also noted that termination had caused clear harm where it was tried. Finally, he said it negatively affected most tribes that still had a special relationship with the government. He called his administration's recommendations a historic step forward in Indian policy.

Some tribes fought termination by filing lawsuits. These legal battles lasted until 1980. The Boldt Decision in 1974 was upheld by the Supreme Court in 1980. This ruling recognized that tribes kept their treaty rights for fishing and hunting. This included the right to do these activities off reservations and without state rules.

Activism in the 1960s led to the creation of groups like the American Indian Movement (AIM). These groups helped protect Native American rights and land. In 1975, Congress passed the Indian Self-Determination and Education Assistance Act. This law increased tribal control over reservations and helped fund schools near reservations. In 1983, President Ronald Reagan officially supported ending the termination policy.

Tribes That Avoided Termination

Termination was often pushed hard, but it was supposed to be "voluntary." It needed tribal agreement. Some tribes had formal agreements but managed to delay termination until the policy was ended. Others were approved for termination but successfully argued to Congress that they should not be terminated.

Iroquois Confederation of the Six Nations

In 1953, a federal group started meeting with the Six Nations tribes. Despite tribal objections, laws were proposed in Congress for their termination. These laws would have affected over 11,000 members of the Iroquois Confederation. The tribes argued that their treaties showed their lands belonged to them, not the United States. They said termination went against any idea that their lands or nations would not be disturbed. The proposed law for the Iroquois Confederation never passed.

Kansas Tribes

Since Kansas already had power over crimes due to the Kansas Act of 1940, the government wanted to terminate the four tribes in Kansas right away. In 1954, hearings were held for these tribes.

Minnie Evans, a leader of the Prairie Band Potawatomi Nation, led the effort to stop termination. Tribal members sent protests to the government. Many delegations went to Washington, D.C., to speak at congressional meetings. Leaders from the Kickapoo Tribe in Kansas also traveled to testify. The strong opposition from the Potawatomi and Kickapoo tribes helped them. It also helped the Sac & Fox and the Iowa Tribe avoid termination.

Chippewa Indians of the Turtle Mountain Reservation

A law was proposed to terminate the Turtle Mountain Band of Chippewa Indians. However, it was not put into action. In 1954, at a Congressional hearing, tribal Chairman Patrick Gourneau and a group spoke in Washington, D.C. They said their tribe was not ready financially. They had high unemployment and poverty. They also had low education levels. They argued that termination would be terrible for the tribe. Because of their testimony, the Chippewa were removed from the list of tribes to be terminated.

Seminole Tribe of Florida

Being proposed for termination motivated the Seminole Tribe of Florida. In October 1953, an emergency meeting was called. They needed to convince the government that the tribe was not ready to manage its own affairs. They also needed to show that not all Native people in Florida were Seminole. In 1954 and 1955, tribal members testified at Congressional hearings. They asked for government supervision to continue for 25 more years. They also asked for the Seminoles to be separated from the Miccosukees and Traditionals. By 1957, the tribe had formed a committee to write a constitution. The constitution was approved by tribal vote and by Congress that same year. The Miccosukees formed their own government and gained federal recognition in 1962. Some Traditionals chose not to join either tribe.

Wyandotte Tribe of Oklahoma

In 1956, Congress passed a law to terminate the Wyandotte Tribe of Oklahoma. It allowed three years for termination to be completed. One rule said that a piece of land in Kansas City, Kansas, called the Huron Cemetery, had to be sold. This land was given to the Wyandottes by treaty in 1855. A group of Absentee Wyandots filed a lawsuit against the United States and Kansas City. This lawsuit stopped the US from fulfilling the termination terms. Because of this, the Wyandotte Tribe was never officially terminated.

To clear up the confusion, Congress included the Wyandotte when it restored other Oklahoma tribes. In 1978, a single law repealed the termination laws. It reinstated the Wyandotte with all their previous rights.

Specific Terminations and Restorations

Menominee Termination Act

The Menominee tribe of Wisconsin was one of the first tribes proposed for termination. People thought they didn't need government services because their timber lands were valuable. In 1954, Congress passed the Menominee Termination Act. This ended the special relationship between the Menominee tribe and the federal government. Although the act passed in 1954, they were not officially terminated until 1961.

The Menominee did not want to cooperate at first. They had recently won a court case against the government for mismanaging their forests. Senator Watkins threatened to withhold their $8.5 million settlement if they didn't agree to termination. Before termination, the tribe supported themselves with money from their logging industry. But their economy was risky because they only had one resource.

This act was special because it did not end Menominee hunting and fishing rights. The state of Wisconsin tried to make the Menominee follow state hunting and fishing rules. The tribe sued the state to protect their treaty rights. The Wisconsin Supreme Court first said the state rules were valid. They ruled that Congress had ended all Menominee hunting and fishing rights by passing the Termination Act.

The tribe appealed to the Supreme Court of the United States in 1968. In Menominee Tribe v. United States, the Supreme Court said that ending a tribe's status did not end treaty rights. This was true unless the law specifically said so. The Menominees' hunting and fishing rights were guaranteed by a treaty from 1854. Since the Termination Act didn't mention these rights, the Supreme Court ruled they were still valid. They said the Menominee still had their traditional hunting and fishing rights, free from state control.

After termination, the tribe's shared land and money went to a company called Menominee Enterprises, Inc. (MEI). The reservation area became a new county in Wisconsin. Menominee County soon became the poorest county in the state. MEI's money quickly ran out. People like Ada Deer and James White formed a group called DRUMS in 1970. They were worried about corruption in MEI, especially the selling of tribal land.

They fought to regain control of MEI. By 1972, they controlled the company. These activists worked to restore the Menominee tribal government and their independence. Their success led to the Menominee Restoration Act, signed by President Richard Nixon in 1973. With help from the Menominee Restoration Committee, the reservation was reformed in 1975. A tribal constitution was signed in 1976, and the new tribal government took over in 1979.

Klamath Termination Act

The Klamath tribe in Oregon was terminated by the Klamath Termination Act in August 1954. This law ended all federal supervision over Klamath lands. It also ended federal aid given to the Klamath because of their special status. The law required each tribal member to choose. They could either stay a member of the tribe or leave. If they left, they would get a payment for their share of tribal land. Those who stayed became part of a tribal management plan. This plan created a trust relationship between tribal members and a bank in Oregon. At the time of termination, there were 2,133 Klamath members. Of these, 1,660 chose to leave the tribe and take individual payments for land.

The termination of the Klamath Reservation actually included three related tribes. The Act defined members as the "Klamath and Modoc Tribes and the Yahooskin Band of Snake Indians." Later, the Klamath Restoration Act was passed in 1986. This law reestablished the Klamath as an independent nation.

Western Oregon Indian Termination Act

The Western Oregon Indian Termination Act was passed in August 1954. It ended federal supervision over the property of many Native American groups. These groups were located west of the Cascade Mountains in Oregon. The act also called for selling federal property used for Indian affairs. It ended federal services these Native Americans received. The rules in this act were similar to most termination acts.

This act was unique because it affected 61 tribes in western Oregon. This was more than all other individual termination acts combined. The history of the area is complex. Reservations were created, combined, and separated. This makes it hard to find exact tribal information. The final list for the Confederated Tribes of Siletz Indians had 929 names. The list for the Confederated Tribes of the Grand Ronde Community of Oregon had 862 names.

Several restoration acts brought back these bands. Some tribes were restored by these acts and later gained their own federal recognition.

Alabama-Coushatta Tribe of Texas Termination Act

In August 1954, Congress passed two laws to end the federal relationship with the Alabama–Coushatta Tribe of Texas. One law said the Secretary of the Interior would transfer tribal lands to Texas for the tribe's benefit. It also ended the federal trust relationship with the tribe and its members. It canceled any federal debts.

In 1983, the Texas Attorney General said the state's control over the tribe's property was against the Texas Constitution. He stated that since the federal government no longer recognized the tribe, it was just a private group under Texas law. The land was no longer legally an "Indian Reservation." In response, a Texas Representative introduced a federal bill in 1985 to restore federal power for the tribe. After some changes, the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act became law in August 1987. This law restored the federal relationship with the tribe. It specifically banned all gambling activities that were against Texas state laws.

Paiute Indian Tribe of Utah

In September 1954, Congress passed a law to terminate federal supervision over the Paiute Indian Tribe of Utah. This law included the Shivwits, Kanosh, Koosharem, and Indian Peaks Bands. Like other termination agreements, it ended federal trusts and distributed tribal lands to individuals or a tribal group. It also aimed to protect tribal water rights. A special education program was created to help tribal members learn how to make a living and manage their affairs as citizens. The federal trusts were ended in March 1957.

In April 1980, Congress passed the Paiute Indian Tribe of Utah Restoration Act. This law restored the federal trust relationship for the Shivwits, Kanosh, Koosharem, and Indian Peaks Bands. It also confirmed that the Cedar Band was part of the Tribe. The law recognized that some bands had lost their lands due to termination. It proposed a plan to get new reservation land for the tribe, up to 15,000 acres (60.7 km²).

Oklahoma Termination Acts

In August 1956, Congress passed three related laws. These laws ended federal supervision of the Ottawa Tribe of Oklahoma, the Peoria Tribe of Indians of Oklahoma, and the Wyandotte Tribe of Oklahoma. All three laws were very similar. They aimed to end federal supervision over trust lands within three years. They did this by transferring tribal property to individual members. The Wyandotte Nation was not successfully terminated due to a legal issue.

In May 1978, a single law repealed the termination laws. It reinstated the three tribes with all their rights. A special part of this law confirmed that the Klamath Termination Act did not apply to the Modoc Tribe of Oklahoma.

Oklahoma terminated tribes
Reservation Tribal entity Date of
termination
Date of
reinstatement
Date of land
restoration
Details
1. Ottawa Tribe of Oklahoma Ottawa Tribe of Oklahoma August 3, 1959 May 15, 1978 May 15, 1978 By federal law. The federal trusts were ended in August 1959. Upon reinstatement, 26.63 acres (0.1078 km²) of land were restored to tribal trust.
2. Peoria Tribe of Indians of Oklahoma Peoria Tribe of Indians of Oklahoma August 2, 1959 May 15, 1978 May 15, 1978 By federal law. The federal trusts were ended in August 1959. Upon reinstatement, 882.97 acres (3.5732 km²) of land were restored to tribal trust.

California Rancheria Termination Act

Three California Rancheria Termination Acts were passed in the 1950s and 1960s. The first in 1956, the second in 1957, and the final act in 1958 targeted 41 Rancherias. An amendment in 1964 added 7 more.

The first termination happened in March 1956 for the Koi Nation of the Lower Lake Rancheria. After years of trying to get their status back, the tribe was recognized again in December 2000.

The second termination happened in July 1957. The Coyote Valley Band of Pomo Indians were displaced. Their land was sold to the Army for a dam project. Like the Koi Nation, this might have been a mistake in records, as the tribe is now federally recognized.

One more Rancheria, Laguna Rancheria, seems to have been terminated before the 1958 Act.

In August 1958, Congress passed the California Rancheria Termination Act. This act called for all 41 rancheria communal lands and assets to be given to individual tribe members. Before land could be given out, the government had to survey the land. They also had to improve roads, water systems, and sanitation. Native Americans who received land were no longer eligible for federal services based on their status as Indians.

In 1964, an amendment to the California Rancheria Termination Act was passed. This ended more rancheria lands. In total, 46 California Rancherias were terminated, not 41 as often stated.

Many tribes were unhappy with termination right away. The federal government failed to deliver promised improvements and educational opportunities. This led to lawsuits to reverse terminations.

The first successful challenge was for the Robinson Rancheria of Pomo Indians of California in 1977. This was followed by five others. The success of these lawsuits led Tillie Hardwick to start a class action case in 1979. In July 1983, a U.S. District Court ordered federal recognition for 17 of California's Rancherias. This decision restored more terminated tribes than any other single case in California. It also set a precedent for other wrongful termination cases.

Of the 46 terminated Rancherias, 31 have been restored. Six Rancherias are still trying to get their federal status back.

Catawba Indian Tribe of South Carolina Termination Act

In September 1959, Congress passed a law to terminate the Catawba Indian Tribe of South Carolina. Their trust status was ended in July 1960.

After termination, the Catawba nation in South Carolina fought to regain federal recognition. In 1973, the Catawba filed a petition with Congress. It took 20 years, until November 1993, for their land claim settlement to end.

Based on a treaty from 1840, the Catawba agreed to give up claims on land taken by South Carolina. In return, the Catawba Indian Nation received federal recognition. They also got $50 million for economic development, education, social services, and land purchases. In October 1993, Congress passed a law to restore the tribal relationship with the federal government and settle the land disputes.

Ponca Tribe of Nebraska

In September 1962, a law was passed terminating the Ponca Tribe of Nebraska. Conditions were similar to other termination agreements. Each tribal member received up to 5 acres (0.020 km²) of tribal land for a home. The remaining lands were ordered to be sold. The federal trust was ended in October 1966.

Fred Leroy, a Ponca and Vietnam veteran, formed the Northern Ponca Restoration Committee in 1986. He began asking the state of Nebraska for recognition. In 1988, the state recognized the tribe. They agreed to support the tribe for federal restoration. In October 1990, the Ponca Restoration Act was passed by Congress and signed by President George H.W. Bush. Along with their restoration, 241.84 acres (0.9787 km²) of tribal trust lands were restored.

Tiwa Indians of Texas (now known as Ysleta del Sur Pueblo)

In April 1968, Congress gave all responsibility for the Tiwa Indians of Ysleta, Texas to the State of Texas. The Tiwa Indians Act said that tribal members would not be able to get any services or claims from the United States as Indians.

In August 1987, a law was passed that restored the federal relationship with the tribe. This happened at the same time as the Alabama-Coushatta Tribe's restoration. The restoration act renamed the tribe to the Ysleta Del Sur Pueblo. It also specifically banned all gambling activities that were against Texas state laws.

Alaska Natives

Alaska became a state in 1959. Because of this, Native American issues there were handled differently. Oil was discovered in Alaska in the late 1950s and 1960s. This made Native land ownership a big issue. It led to conflicts over state land choices.

In 1936, the Indian Reorganization Act was extended to include Alaska Natives. Alaska Natives were not part of the termination policy discussions in 1953. The push for termination faded before it fully affected them. As statehood and state land selections got closer, Alaska Natives quickly filed land claims.

Secretary of the Interior Stewart Udall supported the Natives. In 1966, he stopped state land selections. In 1969, he declared that 90% of the state was off-limits for federal land transfer. The Alaska Federation of Natives was a main group representing Alaska Natives. From 1966 to 1971, this group worked for a fair land claims settlement. This led to the Alaska Native Claims Settlement Act (ANCSA). ANCSA aimed to give the state land it was promised. It also aimed to give Natives about 40 million acres (160,000 km²) of land.

This act was signed into law by President Richard Nixon in December 1971. It ended previous land claims by Alaska Natives. The law divided the land into twelve regional corporations and 220 local corporations. (A thirteenth regional corporation was added later for Natives living outside Alaska). US citizens with at least one-fourth Alaska Indian, Eskimo, or Aleut heritage were considered Native American. They could receive money from oil production. Natives could register with their village. Or, they could become "at large" shareholders of the regional corporation.

Each registered member of the village corporations received 100 shares of stock. The corporations received 44 million acres (180,000 km²) of land. This was about 12% of Alaska. They also received about $962.5 million from federal and state governments. This money was given out over eleven years.

Politics Behind Termination

After World War II, the political mood was about building a strong, unified society. The idea was for all ethnic groups to blend together. The Truman administration started the groundwork for termination. They allowed the Indian Claims Commission to settle claims and pay Native American groups. They also studied conditions on reservations. These claims and studies, along with high war debt, made the Eisenhower administration look for ways to cut federal spending.

To understand assimilation, it's important to know the politics of the time. Assimilation didn't mean mixing cultures. Cultural diversity was seen as a problem to be solved. This was the era of "separate but equal" in the United States. In 1953, when House Concurrent Resolution 108 passed, McCarthyism was strong. The Communist Control Act of 1954 aimed to keep "collectivism" out of politics. Brown v. Board of Education was decided in 1954. The Civil Rights Act of 1964 was still a decade away. Laws against mixed-race marriage were common.

Previous land programs had led to surplus lands being sold. This allowed non-tribal people to settle on former reservation lands. This created a feeling that reservations were blocking progress for both Native people and new settlers. Also, reservations were seen as barriers to the government making money from oil, mining, timber, and dams. The idea was that Native Americans were not using their resources enough. This was seen as stopping the government from making money from the environment.

Politicians from both major parties supported termination. Where they lived might have been more important than their party. Many supporters were from western states with large Native American populations. The main question was whether termination should be forced or if tribes should agree. Even those who understood Native cultures didn't question if termination should happen. They only questioned how quickly it should be done.

Native political views were more clearly for or against termination. The Bureau of Indian Affairs had problems for decades. It had poorly trained staff, was inefficient, and sometimes corrupt. For some tribes, ending BIA oversight seemed like a way to keep their traditional ways. But for most tribes, termination meant the end of their independence. It meant the end of their shared way of life. It also meant the end of services like healthcare and education.

Key Political Figures

Some major supporters of termination were political appointees. This shows that support wasn't just from one party. Truman's Commissioner of Indian Affairs, Dillon S. Myer, strongly supported termination and full assimilation. For example, in the relocation program, Myer focused on sending mixed-blood students to public schools. He only allowed full-bloods to attend reservation schools. He also banned education on Native cultures. Myer's strict style led to calls for his replacement. Eisenhower then appointed Glenn L. Emmons. Emmons had lived among Native Americans in New Mexico. While he favored termination, he believed it should happen slowly. He thought Native people would learn to be self-sufficient with gradual government withdrawal. He opposed programs that took advantage of Native people.

Truman's first Secretary of the Interior, Julius Krug, failed to protect Alaskan Natives' rights to the Tongass National Forest. Many believed he gave up his duty to protect them in favor of timber companies. Though urged to stop the Tongass Timber Bill and set aside reservation lands, the bill passed in 1947. The next year, Krug tried to end all Native land claims in Alaska. But he had to stop due to opposition before he resigned. Krug was replaced by Oscar L. Chapman, who supported tribal consent for termination. Eisenhower's election brought back a termination supporter, Douglas McKay, as Secretary of the Interior. McKay, a former governor of Oregon, supported termination for full assimilation. Orme Lewis, an Arizona Republican, also strongly supported termination. He was a key official who met with Watkins to plan the policy.

The number of elected officials who wanted to protect tribes was small, but they were powerful. These "Protectionists" believed tribes should be consulted. They thought policies should move slowly. They felt termination should only happen when Native Americans were ready. Some leaders included Utah Senator Reva Beck Bosone, who proposed a law allowing termination only with the Indians' consent. Oregon Senator Richard L. Neuberger and Representative Al Ullman worked to delay the Klamath termination law. They wanted hearings with the tribes and changes to the law.

Montana Senator James E. Murray and Representative Lee Metcalf strongly opposed ending federal trust status unless tribes asked for it. They worked on proposals to restore federal responsibility for Native welfare, education, jobs, and healthcare. New Mexico Senator Clinton Presba Anderson believed tribal views should be considered. Oregon Senator Guy Cordon agreed.

Arthur Vivian Watkins
Republican Senator Arthur Watkins of Utah was the main supporter of Indian termination in Congress.

The main Congressional supporter of Indian termination was Republican Senator Arthur V. Watkins of Utah. He became chairman of the United States Senate Committee on Indian Affairs in 1947. He quickly worked to free Native Americans from their "wardship" status under the BIA.

William H. Harrison, a Wyoming Republican Congressman, met with Watkins in 1953. They planned the termination strategy. Harrison then introduced House Concurrent Resolution 108 in the House. Henry M. Jackson, a Washington Democratic Senator, introduced it in the Senate. Ellis Yarnal Berry, a South Dakota Republican Congressman, was chairman of the House Indian Affairs Subcommittee.

Patrick McCarran, a Nevada Democratic Senator, introduced the McCarran Amendment in 1952. This amendment aimed to simplify Indian water rights. It allowed states to sue the US government over water rights in some cases. The Supreme Court later ruled that Native water rights are usage rights, not legal titles. So, states can decide if tribal rights apply. Karl E. Mundt, a South Dakota Republican Congressman, believed that without a permanent solution to Indian claims, "detribalization" would not happen. He thought Native Americans would keep relying on the government. William Langer, a North Dakota Republican Senator, saw ending the BIA as a way to cut too much government spending.

Tribal Leaders in the Fight

Ada Deer
Ada Deer was against termination.

Several tribal leaders played important roles in the termination process. Choctaw Chief Harry J. W. Belvin strongly pushed for Choctaw termination. This led to the tribe being one of over 100 scheduled for termination. The policy's start date was delayed three times. The termination law was repealed in 1970 after a policy change. Many younger Choctaw members opposed termination. By 1970, Belvin changed his mind and supported repealing termination.

Ada Deer was key in reversing termination. She led the effort to regain tribal status for the Menominee tribe. Deer and other Menominee leaders believed that only repealing the termination act could fix the wrongs against their people and land. This meant returning the land to trust status and fully recognizing the tribe's independence. Ada Deer faced strong opposition from House Interior Committee chairman Wayne Aspinall. He had long supported termination. The Menominee bill to reverse termination had to go through his committee. Deer's work paid off when Aspinall lost his committee chair in 1972.

In 1973, Congressmen Lloyd Meeds and Manuel Lujan held hearings. The Menominee Restoration Act quickly passed Congress. President Richard Nixon signed it into law in December 1973. In 1975, the restoration was complete. Secretary of the Interior Rogers Morton signed documents dissolving Menominee Enterprises, Incorporated. He gave all Menominee lands back to the tribe. Ada Deer's work to reverse Menominee termination was successful.

James White worked with Ada Deer to reverse termination. White helped start the DRUMS organization in 1970. DRUMS members strongly protested a planned development project. They also put their own candidates on the Menominee Enterprises, Inc. board. DRUMS stopped the development and controlled most of the MEI board by 1972. White's work with DRUMS helped reverse Menominee termination.

Tillie Hardwick was a Pomo Indian woman who helped reverse the California Indian Rancheria termination policy. She filed a lawsuit in 1979 for the Pinoleville Pomo Nation. This became a class action lawsuit in 1982. The case, Tillie Hardwick, et al. v. United States of America, et al., confirmed in 1983 that 17 California Rancherias had been wrongly terminated. It reaffirmed their federal recognition. Since many tribes had lost their lands to private parties, an amended case was filed in 1986 to restore some land claims. The Hardwick case affected more tribes than any other in California. It became a model for other wrongful termination cases.

Bill Osceola (1919–1995) took part in Congressional hearings for the Seminole Tribe of Florida in 1954 and 1955. In 1955, when the tribe created a board of directors, he became chairman. Osceola needed money for trips to Washington, D.C., and Tallahassee to argue their case. He came up with a plan to build a rodeo arena on the Dania Reservation to attract tourists. He convinced cattlemen to provide cattle and got lumber donations. The rodeo opened to 500 spectators. The money raised was used to organize the tribe and gain federal recognition. The rodeo he started was named the Bill Osceola Memorial Rodeo in 1997 to honor him.

In February 1954, two groups from Kansas successfully stopped termination attempts against the Kansas Tribes. Minnie Evans, tribal chair of the Prairie Band Potawatomi Nation, along with James Wahbnosah and John Wahwassuck, and a group from the Kickapoo Tribe in Kansas Tribal Council, including Vestana Cadue, Oliver Kahbeah, and Ralph Simon, traveled at their own expense to argue against termination.

Effects of Termination

From 1953 to 1964, over 100 tribes were terminated. About 1.3 million acres (5,500 km²) of trust land lost its protected status. Over 13,000 Native Americans lost their tribal connection. As a result, the special federal relationship with Native Americans ended. They became subject to state laws. Their lands were converted to private ownership.

Tribes disliked Public Law 280 because states gained power without tribal consent. State governments also disliked it because they got new duties without extra money. So, later changes to Public Law 280 required tribal consent for law enforcement. In 1958, the Inter Tribal Council of California (ITCC) was founded because of the pressures of termination.

Many experts believe termination had terrible effects on tribal independence, culture, and money. Native American lands, rich in resources, were taken over by the federal government. Termination had disastrous effects on the Menominee tribe in Wisconsin and the Klamath tribes in Oregon. Many tribal members were forced to rely on public assistance.

Termination severely harmed Native American healthcare and education. It also damaged the economic stability of tribes. When federal control over land ended, many federal services, including education and healthcare, also ended.

Education

By 1972, termination clearly affected tribal education. The Menominee Tribe had a 75% dropout rate. This meant a generation of Menominee children only had a ninth-grade education. Tribes lost federal support for their schools. States were expected to educate Native children. For example, Menominee children no longer had their own tribal schools. They faced discrimination in public schools. The Menominee education program became part of a larger school district. Younger children could still attend nearby schools. But high school students had to travel far for schooling. All terminated tribes faced new education policies. These policies gave children fewer and worse educational opportunities than white children.

The idea of termination was to restore full US power. It aimed to encourage Native Americans to join a modern, individualistic society, not a tribal one. In 1966, the test scores of 3rd and 6th graders from Keshena and Neopit were compared to their school district. The district's average scores were much higher. The two schools with mostly Native American students had much lower scores. This showed that education did not improve after termination. Native Americans' education levels were far below those of white students in the area.

Terminated tribal children struggled to stay in school. Those who did were excluded from programs that paid for higher Native American education. In 1970, the BIA started giving annual scholarships to Native Americans for college. This helped non-terminated tribes. But individuals from terminated tribes could not apply for these funds. So, successful high school graduates had trouble going to college because they couldn't get scholarship help.

Economy

Termination, though not the only cause of Native American poverty, greatly worsened it. The Menominee tribe is a strong example. Their economy was never great, but it got much worse after termination. Before termination, Menominee income came from a mill. It was run to employ as many people as possible. After termination, the mill was run as a business. Unemployment rose to between 18% and 28%. The mill did make more money in sales. However, its net loss was also much higher. This was largely because property taxes increased greatly. With no new industries and new taxes, 80% of the tribe fell below the poverty line. In the 1960s, they had to sell ancestral land. They went from having $10 million in a federal reserve to being considered a "pocket of poverty." Welfare costs in the county also increased.

As termination continued, unemployment rates kept rising. In June 1968, the Menominee tribe had 800 members, with 220 unemployed. By June 1973, just before the termination policy ended, the tribe had almost a 40% unemployment rate. There were 660 members, and 260 were unemployed.

The Menominee Indians faced high poverty rates from the start of termination. The Klamath Tribe, however, avoided poverty for a short time. For years, the Klamath tribe lived off timber and money from leasing tribal lands. When termination happened, tribal land was sold. Most Klamath members were considered above the poverty line because each got $40,000 from the sale. But their economy still suffered. Most families quickly spent the money from the land sale. They were forced to sell more land to buy food. After just a few years, the Klamath tribe was in the same situation as many other terminated tribes.

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