DOCUMENT RESUME ED 060 978 RC 006 009 AUTHOR Tyler, S. Lyman TITLE Indian Affairs No.1- A Study of the changes in Policy of the United States Toward Indians. INSTITUTION Brigham Young Univ., Provo, Utah. Inst. of American Indian Studies. PUB DATE 64 NOTE 208p. EDRS PRICE MF-$0.65 HC-$9.87 DESCRIPTORS *American IndianS; Education; Employment; *Federal Programs; government Role; Health; *Historical Reviews; *Management; Natural Resources; *Policy Formation; Reservations (Indian); Welfare ABSTRACT Prepared originally (1958) as a report to a commission on the rights, privileges, and responsibilities of the American Indian, this document has been enlarged and updated to cover national Indian policy from the early 19001s to present (1964). For the period to 1929, information gathered from annual reports, the Meriam report, Assistant Commissioner Meritt's recommendations, Secretary Wilbur's outline, and the Rhoads' memoranda is provided in relationship to health, education, welfare, community life, land, resource management, employment, duration of Federal supervision, and Bureau-Congressional relations. Also discussed are th Rhoads-Scattergood Administration (1929 33), The "New Deal" for the Indians (1933-45) in terms of acceptance and Congressional rejection, Commissioner Brophy's administration (1945-47), the termination controversy (1953-61) the 1961 Task Force Report, and Alaskan Native affairs. (LS) CO CZ) 4=. INDIAN AFFAIRS 1 LaJ A Study oftheft:flangesin Policy of the United States Toward Indians U.S. DEPARTMENT OF HEALTft EDUCATION E. WELFARE OFFICE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO. S. LYMAN TYLER : Sour' ExACTLy AS RECEIVED FROM THE PERSON OR ossANIzATION ORIG- INATING IT. POINTS OF VIEW OR OPIN- IONS STATED DO NOT NECESSARILY REPRESENT OFFICIAL OFFICE OF EDU- CATION POSITION OR POLICY. A Publication of the Institute of American Indian Studies Brigham Young University Provo, Utah DIAN AFFAIRS A Sttidy of theChanges in Policy of the UnitedStates TowardIndians S. Lyman Tyler American IndianStudies A Publicationof the Institute of Brigham YoungUniversity 1964 PREFACE This work was originally prepared as a report to _he Cornmiss on the rights, privileges, and responsibilities of the American Indian in 1958. It is now brought up to date to appearas one part of an Indian Affairs series to be issued by the Institute of AmericanIndian Studies at Brigham Young University. Chapters VIII and IX are largely the, work of Reid G.Hansen a research assistant. TABLE OF CONTENTS General Introduction 1 A.The Nature of Indian Policy 1 B.The Role of Congress C.A Background to Reform, 19- 928 7 Foo notes-I 12 II. PolicyBackground, 1929 14 A. Health 14 1. GeneralInformation 14 2. Annual Reports 15 3. The Meriam Report 15 4. Meritt's Recommendations 15 5. Secretary Wilbur's Outline 16 6. Rhoads Memoranda 16 B.Education 16 1General Information .16 2. Annual Reports 17 3. The Meriam Report 18 4, Meritt's Recommendations 19 5. Secretary Wilbnr's Outline 20 6. Rhoads Memoranda C.Welfare 1. GeneralInformation 21 2. Annual Reports . .21 3. The Meriam Report 22 4. Meritt's Recommendations 22 5. Secretary_ Wilbur ' s Outline . .23 6. Rhoads Memoranda. 23 D. Community Life 23 1. General Information 13 2. Annual Reports . .23 3. The Meriam Report 4. 24 Meritt's Recommendations .26 5. Secretary Wilbur's Outline 27 6. Rhoads Memoranda . .27 E. Land. 27 1. General Inforation 2. Annual Reports 28 3. The Meriam Report 4. 29 Meritt's Recommendations 31 5. Secretary Wilbur's Outline 31 6. Rhoads Memoranda F. Resource Management 32 I. General Information 32 Z. Annual Reports 33 3. The Meriam Report 4.Meritt's Recommendations 34 5. 34 Secretary Wilbur's Outline 35 6. Rhoads Memoranda 35 G. Empl yent 35 1.'General Information . 2. .39 Annual Reports . 36 3. The Meriam Report 4. = 37 Meritt's Recommendations . .38 5. Secretary Wilbur's Outline 6. .38 Rhoads Memoranda 39 H. Duration of Federal Supervision 39 I. General Information Z. 39 Annual Reports 40 3, The Meriam Report . .40 4. Meritt's Recommendations 5. Secretary Wilbur's Outline . 41 6. Rhoads Memoranda . '. 42 T Bureau-- eeon.ree,3 5 nal Relations, 1929 42 , roo+no-fe . ..... .49 The_ehoaJs-+tldmititiistration,1929-1933 .51 51 .IJiIbour's Policy 51 C. The Rhoads-Scattergood Team 52 D.The Four Me randa . 53 E. Irrigation and Reclamation 53 F.Allot ent and Heirship Lands 53 G. Improved Health Program 54 H. Progress in Education 55 I. Employment Program Attempted 55 3. A Modern Extension Program 56 K. Federal-State Cooperation 56 L. Background to Reorganization 57 Footnot es III . 60 IV. The "New Deal" for the Indians,1933-1945: Establishment and Acceptance . .62 A.Background 62 Beginnings 63 C.The First Year . 64 D. The "New Deal": Establishment 66 E.The "New Deal": Perspective 69 F.The "New Deal" and the Learned Critics .73 G.Progress Under the "New Deal" for Indians .76 Footnotes- IV V. The "New Deal" for the Indians, 1933-1945: Rejection by Congress - 85 A.C iticism by Indians and the Public 85 B.Congressional Criticism - 86 C.Senate Survey arid Congressional Criticism .91 D. The House Investigation -93 E.Bureau Administration, 1943-1944 96 F.The National Congress of American Indians -98 G.Summa ry 99 Foo notes= V . 100 VI. The Post-War Period to 1953 Commissioner Brophy, 1945-47 a 102 A.Post-War Prospects 104 B.Reorganization 106 C.Indian Claims 107 D. To Free the Indians:1948-1953 109 Footnotes= VI 123 iv VII.The Te rination Controversy: 1953-1961 . 126 Footnotes = VII 156 VIII. The 1961 Task Force Report: Something Old And Something New 159 A.Background 159 B.Development, Relocation, and Placement Programs 161 C.Vocational Training 163 D.Industrial Development 165 E.Loans and Credit 167 F.Education 169 G.Health 172 H.Law and Order 173 I. Heirship and Allotment of Land . 179 Housing . ... 181 K.Indian Claims 182 L.Summary 184 Footnotes- VIII 185 IX. Alaskan Native Affair 189 A.Background 189 B.Education 190 C.Welfare and Employment Assistance 192 D. Hunting and Fishing 192 E.Health . .. 194 F. Economic Development . 194 G. The Land Problem 195 H. Credit Operations 197 I. Villag e P roblems 198 I.Summary 198 Footnotes - IX 199 vi GENERAL INTRODUCTION A. The Nature of Indian Policy Actually it is necessary to determine what we mean by policy before we proceed to an examination of it.It is suggested that there are three policy levels to be considered. The first consists of basic ideas that have influenced the actions of the United States toward Indians from the beginning of our history; the second would include the guiding princi- ples adopted and pursued by the government at a given time; and the third would include the rules laid down by Bureau officials to put the guiding principles into effect. The latter is sometimes referred to as "management policy." This survey considers chiefly first and second level policy, or basic ideas and guiding principles that have been followed in our relations with Indian tribes and Indians individually during our history. Management policy is referred to only as necessary to make valid judgments in relation to the evaluation of policy or to determine its effect on the object of Indian policy, the Indian people. Indian policy has historically been influenced by each of the three branches of government:legislative, executive, and judicial. Although policy changes may be officially effected through laws orig- inating in Congress, the executive branch may and does strongly influ- ence policy through the President's constitutional charge to "give to the Congress information on the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; ...." For the first few decades of our national existence the presidents expressed themselves often and rather fully in regard to Indian affairs. More recently executive opinion has tended to be expressed through the Secretary of the Interior or the Commissioner of Indian Affairs. The federal judiciary, and particularly the Supreme Court, has also influenced policy by its interpretation of cases in a manner normally without prejudice to the Indian. The executive branch, knowing well the attitude of the Supreme Court, has usually tended to avoid recommending to Congress measures they know will not meet the challenge of the court. The philosophy of the court has also influenced congressional consideration of measures supported by local interests that would be prejudicial to the Indians. Although the executive branch and the judiciary do influence legislation through the system of checks and balances mentioned above, it is finally the responsibility of Congress to enact the measures that become the laws which thePresident, through the Interior and the Bureauof Indian Affairs, Department of the by his personal oath is by the Constitutionand bound to see "faithfullyexecuted." Although we agree that may be influenced currently guiding principlesor top level policy by all three of thebranches of the national government, it is alsonecessary to remernber that affect the operation of some policies that the Bureau todayhave grown out of laws by Congress duringthe past century. passed heavily upon governmental The dead hand oftime rests slowly, and sometimes agencies of long standing.Change.occurs 't is discovered when it appears thata change has been effected that practices are stillbeing followed thatare dia- metrically opposed to thepolicy then invogue.Even a policy change as far-reaching as theIndian ReorganizationAct did not repeal all former laws havingto do with Indian affairs. One of the basic ideasthat seems to have tions with the Indiansalmost from the first influenced rela- European culture andreligion are superiorEuropean contact is that the culture and to or more advancedthan religion of the AmericanIndian. Given this the European hasnever quite been able to belief, take the Indiansso long to give up their understand why it should the European.