Indian termination is a phrase describing United States policies relating to Native Americans from the mid-1940s to the mid-1960s.^[1] It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considers "civilized" had been the basis of policy for centuries. What was new, however, was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans."^[2] To that end, Congress set about ending the special relationship between tribes and the federal government.

In practical terms, the policy ended the federal government's recognition of sovereignty of tribes, trusteeship over Indian reservations, and the exclusion of state law's applicability to Native persons. From the government's perspective, Native Americans were to become taxpaying citizens subject to state and federal taxes as well as laws from which they had previously been exempt.^[3]

From the Native standpoint, a former US Senator from Colorado Ben Nighthorse Campbell, of the Northern Cheyenne, said of assimilation and termination in a speech delivered in Montana:

If you can't change them, absorb them until they simply disappear into the mainstream culture.... In Washington's infinite wisdom, it was decided that tribes should no longer be tribes, never mind that they had been tribes for thousands of years.

— Ben Nighthorse Campbell, Opening Keynote Address^[4]

The policy for termination of tribes collided with the Native American peoples' own desires to preserve Native identity. The termination policy was changed in the 1960s and rising activism resulted in the ensuing decades of restoration of tribal governments and increased Native American self-determination.

Process

Termination began with a series of laws directed at dismantling tribal sovereignty. From June 1940 until September 1950, six laws were passed that gave states criminal or limited-criminal jurisdiction over tribes and reservations within those states. In 1949, the Hoover Commission reports, recommending integration of Native peoples into mainstream society, and the 1952 House Report (HR No. 2503), investigating the Bureau of Indian Affairs, both portrayed termination as cost effective and benign in its effects.^[5]

House concurrent resolution 108 of 1953 announced the federal policy of termination and called for the immediate ending of the Federal relationship with a selected group of tribes.^[6] The resolution established that Congress would pass termination acts on a tribe-by-tribe basis. Most such acts included the cessation of federal recognition and all the federal aid that came along with that designation. Between 1953 and 1964, the government terminated recognition of more than 100 tribes and bands as sovereign dependent nations. These actions affected more than 12,000 Native Americans or 3% of the total Native American population. Approximately 2,500,000 acres (10,000 km²) of trust land was removed from protected status during these years. Much was sold by individuals to non-Natives.^[7]

The termination of these tribes ended federal government guardianship of and recognition of those tribal governments and US jurisdiction of tribal lands.^[8] In addition to ending the tribal rights as sovereign nations, the policy terminated federal support of most of the health care and education programs, utility services, and police and fire departments available to Indians on reservations. Given the considerable geographic isolation of many reservations and inherent economic problems, not many tribes had the funds to continue such services after termination was implemented.^[9] The tribes initially selected for termination had been considered groups who were the most successful in the United States, in some cases, because of natural resources controlled by their reservations.^[10]

A few tribes mounted legal challenges to maintain tribal government and the trust relationship with the federal government. Through the Indian Claims Commission, tribes had the ability to file claims against the government for breaches of treaty or grievances. The five-year deadline for making a claim, August 1951, caused many tribes to file in the months preceding the end of the registration period. In some instances, pending claims cases with complex legal issues aided the tribes in preventing termination, while in others, tribes were taken advantage again by government agents and their associates.^[11]

Legislation and policy

Indian Termination before and after the turn of the century

Indiana

• Miami Nation of Indiana The Indiana Miami, or Eastern Miami, signed a treaty with the United States on June 5, 1854; however, its federal recognition was terminated in 1897.

Idaho

• Lemhi-Shoshone Tribes was stripped of recognition in 1907.^[12]

The Kansas Act of 1940

Federal policy up until the 1940s had mainly held that the Federal Government had sole jurisdiction over Indians. The Kansas Act of 1940 was "trial" legislation granting state jurisdiction over most criminal offenses committed by or against Indians on Indian reservations. If successful, it was to be implemented elsewhere.^[13] Kansas had been exercising jurisdiction over offenses, including those listed in the Indian Major Crimes Act, and their authority to do that was called into question. To clarify the state's authority, they proposed the act^[14] to fill a perceived gap in jurisdiction. None of the four federally recognized tribes living in Kansas: Potawatomi, Kickapoo, Sac & Fox, and Iowa,^[15] had tribal courts to deal with offenses, and state jurisdiction did not extend to Indian lands.^[16] The law (Title 25 U.S. Code § 217a ch. 276, 54 Stat. 249), passed on 8 June 1940, gave Kansas courts jurisdiction to try persons for conduct that violates state law, even if the federal government is also able to try the offense under federal jurisdiction.^[17]

Almost immediately, similar statutes were passed in North Dakota, Iowa^[18] and New York, granting state jurisdiction over most offenses committed by or against Indians in Indian country.^[19]

Survey of Indian conditions

In 1943, the United States Senate commissioned a survey of Indian conditions. It indicated that living conditions on the reservations were extremely poor. The Bureau of Indian Affairs (BIA) and its bureaucracy were found to be at fault for the troubling problems due to extreme mismanagement.^[20] Congress concluded that some tribes no longer needed federal 'protection' and would be better off with more independence, rather than having them depend on and be poorly supervised by the BIA. They also thought the tribes should be assimilated to mainstream American society.^[20] Goals of termination included freeing the Indians from domination by the BIA, repealing laws that discriminated against Indians, and ending federal supervision of Indians.^[21][22] Senator Arthur V. Watkins of Utah, the strongest proponent of termination, equated it with the Emancipation Proclamation, which had declared the freedom of all slaves in the territory of the Confederate States of America.^[22]

In 1953, the United States House of Representatives and the Senate announced their support for the termination policy, with House Concurrent Resolution 108:^[23]

Whereas it is the policy of Congress, as rapidly as possible, to make the Indians within the territorial limits of the United States subject to the same laws and entitled to the same privileges and responsibilities as are applicable to other citizens of the United States, to end their status as wards of the United States, and to grant them all of the rights and prerogatives pertaining to American citizenship.

North Dakota jurisdiction on Devils Lake Indian Reservation

On 31 May 1946, Congress enacted An Act to confer jurisdiction on the State of North Dakota over offenses committed by or against Indians on the Devils Lake Indian Reservation, 60 Stat. 229. In language reminiscent of the Kansas Act of 1940, the law granted the State of North Dakota jurisdiction for criminal offenses occurring on lands occupied by the Spirit Lake Tribe but retained the right of the federal government for jurisdiction on offenses against federal law.^[24]

Indian Claims Commission Act

In 1945, earnest discussion began on creating an Indian Claims Commission. The idea had been circulating for years but had never gained much momentum. However, in the wake of termination, it took on new life. Policymakers saw that settling claims would become the means to speed along the process of ending "Indian-identity" and move tribe members into the broader society. Simultaneously it would eliminate the need of the government to continue serving as tribal guardian,^[25] or at the very least allow the government to reduce "appropriations for tribes in proportion to the size of their claim settlements".^[26]

On 13 August 1946 the Indian Claims Commission Act of 1946, Pub. L. No. 79-726, ch. 959, passed. Its purpose was to settle for all time any outstanding grievances or claims the tribes might have against the U.S. for treaty breaches, unauthorized taking of land, dishonorable or unfair dealings, or inadequate compensation. Claims had to be filed within a five-year period. Most of the 370 complaints that were submitted^[27] were filed at the approach of the 5-year deadline in August 1951.^[11]

The life of the commission was extended, but eventually Congress terminated it on 30 September 1978; it transferred outstanding claims to the United States Court of Federal Claims. The final case, Pueblo of San Ildefenso v. United States, was finally resolved in 2006.^[27]

Iowa jurisdiction on Sac and Fox Indian Reservation

On 30 June 1948, Congress enacted An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation, 62 Stat. 1161. In language reminiscent of the Kansas Act of 1940, the law granted the State of Iowa jurisdiction for criminal offenses occurring on lands occupied by the Sac and Fox Tribe of the Mississippi in Iowa but retained the right of the federal government for jurisdiction on offenses against federal law.^[28]

New York Act of 1948

On 2 July 1948 Congress enacted An Act to confer jurisdiction on the State of New York with respect to offenses committed on Indian reservations within such State, 62 Stat. 1224. The language was virtually identical to the Kansas, North Dakota and Iowa statutes, with two important differences. It covered all reservations lands within the state and prohibited the deprivation of hunting and fishing rights which may have been guaranteed to "any Indian tribe, band, or community, or members thereof". It further prohibited the state from requiring tribal members to obtain fish and game licenses.^[29]

California Act of 1949

On 5 October 1949 Congress enacted An Act to confer jurisdiction on the State of California over the lands and residents of the Agua Caliente Indian Reservation in said State, and for other purposes, 63 Stat. 705, which stated that "on and after January 1, 1950, all lands located on the Agua Caliente Indian Reservation in the State of California, and the Indian residents thereof, shall be subject to the laws, civil and criminal, of the State of California". The law also made provisions for the tribe and the Secretary of the Interior to negotiate easements for city improvements,^[30] thus it did not terminate tribal status.

New York Act of 1950

Within two years, Congress was reviewing a second piece of legislation with regard to New York, to grant the state civil as well as criminal jurisdiction over Indians and tribes. During congressional hearings on the law, tribes strongly opposed the passage, fearful that states would deprive them of their reservations. The State of New York disavowed any intention to break up or deprive tribes of their reservations and asserted that they "did not have the ability to do so".^[31]

On September 13, 1950, Congress enacted An Act to confer jurisdiction on the courts of the State of New York with respect to civil actions between Indians or to which Indians are parties, 64 Stat. 845,^[32] granted the courts of New York authority to settle civil disputes between Indians or Indians and others within the State. It allowed the tribes to preserve customs, prohibited taxation on reservations,^[33] and reaffirmed hunting and fishing rights. It also prohibited the state from enforcing judgments regarding any land disputes or applying any State Laws to tribal lands or claims prior to the effective date of the law 13 September 1952.^[32]

House Concurrent Resolution 108

House Concurrent Resolution 108 of 1953 was a formal statement issued on August 1, 1953, by the United States Congress announcing the official federal policy of termination. The resolution called for the immediate termination of the Flathead, Klamath, Menominee, Potawatomi, and Turtle Mountain Chippewa, as well as all tribes in the states of California, New York, Florida, and Texas. Termination of a tribe meant the immediate withdrawal of all federal aid, services, and protection, as well as the end of reservations.^[6] Individual members of terminated tribes were to become full United States citizens and have the benefits and obligations of any other United States citizens. The resolution also called for the Interior Department to identify quickly more tribes who appeared ready for termination in the near future.^[34]

A January 21, 1954, memo by the Department of the Interior, reviewing the effects of Resolution 108, stated that bills to terminate 66,000 Indians (1⁄7 of the total population) were under consideration by Congress. In addition to the above list, the memo sets forth bill provisions for the terminations of the Iroquois Confederation of Six Nations, Seneca, and the Oneida Tribe of Wisconsin (formerly of New York); the Seminole Tribe of Florida; the Alabama-Coushatta Tribe of Texas; a Kansas bill covering the Potawatomi, the Kickapoo, the Sac and Fox, and the Iowa Tribe; and 41 California Rancherias.^[35]

A memo dated January 19, 1955 for the BIA issued by the Department of the Interior indicated additional terminations were being reviewed in proposed legislation for four Indian communities of southern Minnesota, including the Lower Sioux Community in Redwood and Scott counties, the New Upper Sioux Community in Yellow Medicine County, the Prairie Island Community in Goodhue County, and about 15 individuals living on restricted tracts in Yellow Medicine County.^[36]

Public Law 280

Public Law 280,^[37] passed in 1953, gave State governments the power to assume jurisdiction over Indian reservations, which had previously been excluded from state jurisdiction.^[38] It immediately granted the state criminal and civil jurisdiction over Indian populations in California, Nebraska, Minnesota, Oregon, and Wisconsin. Special clauses prevented this law from being invoked on the Red Lake Reservation in Minnesota and the Warm Springs Reservation in Oregon. After being admitted as a state in 1958, Alaska was added to the list of covered states where termination would be the goal. Public Law 280 also allowed any state to assume jurisdiction over Indian lands by a statute or an amendment to the state constitution. This law made both the states and Native Americans unhappy: the former because they had new responsibilities without any increase in funding to support additional staff and supplies, the latter because they were subject to new state laws.^[39]

The federal goal in implementing P.L. 280 was two-fold: 1) to fill the jurisdictional gap resulting from the Native communities' lack of independent formal judicial systems, which had resulted in a general perception of lawlessness in their communities and 2) to assimilate Native peoples and their tribes into the cultures of their neighbors by shifting the financial burden of prosecuting crimes in Indian Country to their respective states.^[40]

The main effect of Public Law 280 was to disrupt the relationship between the federal government and the Indian tribes. Previously the tribes had been regulated directly by the federal government. In Worcester v. Georgia (1832), the Supreme Court had ruled that state laws cannot be enforced on Indian land. While this preserved a kind of sovereignty and independence for tribes on reservations, in other ways they depended on a complex bureaucracy for services.^[39]

In 1955, Nevada extended state jurisdiction over public offenses "committed by or against Indians in the areas of Indian country" and determined that Indian customs and traditions which were inconsistent with any State law would not be given full force and effect in civil actions.^[41] Montana enacted legislation covering criminal offenses for the Flathead Reservation.^[42] Washington State passed a law in 1957 allowing tribes to voluntarily go under state jurisdiction and in 1963 assumed at least partial jurisdiction on all reservations within the state. In 1963, Idaho made provisions for tribes to be able to come under full jurisdiction of the State or operate with concurrent jurisdiction between Indian country and the State.^[43]

Indian Relocation Act of 1956

As part of the Indian Termination Policy, The Indian Relocation Act of 1956, was passed. It was a federal law encouraging Native Americans, who lived on or near Indian reservations to relocate to urban areas for greater employment opportunities.^[44]

It is estimated that between the 1950s and 1980s, as many as 750,000 Native Americans migrated to the cities, some as part of the relocation program, others on their own. By the 2000 census, the urban Indian population was 64% higher than it had been in the pre-termination era of the 1940s.^[45]

Native American communities status terminated in 1960-1970s and not restored

California

• Alexander Valley Rancheria, formerly federally recognized, terminated on August 1, 1961^[46]
• Cache Creek Rancheria, formerly federally recognized, terminated on April 11, 1961^[46]
• El Dolorado Rancheria, formerly federally recognized, terminated on July 16, 1966^[46]
• Indian Ranch Rancheria, formerly federally recognized, terminated on September 22, 1964^[46]
• Mark West Rancheria, formerly federally recognized, terminated on April 11, 1961^[46]
• Mission Creek Reservation, formerly federally recognized, terminated on July 14, 1970^[46]
• Nevada City Rancheria, formerly federally recognized, terminated on September 22, 1961^[46]
• Ruffeys Rancheria, formerly federally recognized, terminated on April 11, 1961^[46]
• Strawberry Valley Rancheria, formerly federally recognized, terminated on April 11, 1961^[46]

Regaining federal recognition

In 1968, President Lyndon B. Johnson proposed ending termination, building partnerships between tribal governments and the United States, and fostering tribal self-determination and self-development, though the proposal never passed. Subsequent presidents followed this informal approach until 1988, when House Concurrent Resolution 108 was formally abandoned.^[47]

Of the more than one hundred tribes terminated during this era, many regained federal recognition. The tribes achieved this through long court battles, which for some tribes took decades and exhausted large amounts of money.

Some tribes, like the Choctaw and Seneca, were able to delay termination long enough to have it cancelled before implementation. Other tribes were marked for termination, like the Cold Springs, Middletown, and Montgomery Creek Rancherias of California and the Wyandotte Tribe of Oklahoma but, due to errors in process, were not successfully terminated. Some tribes such as the Oneida Nation of Wisconsin and Stockbridge-Munsee Community pursued federal litigation to halt termination. Still others, though marked for termination, fought the process and prevented laws from coming out of committee or reaching the floor for a vote.

Tribal leaders played key roles in getting their cases heard by the United States Congress, through the political process, and by the Supreme Court in suits and appeals. The tribes garnered publicity by creating resistance groups. These both publicly protested the termination policy, and fought political and court battles in Washington for restoration of tribal sovereignty or other goals.

Re-recognized and restored tribes

Tribes which were terminated but regained their status as federally recognized sovereign states include:

Repudiation

By the early 1960s, some federal leaders began opposing the implementation of any more termination measures, although the administration of President John F. Kennedy did oversee some of the last terminations. The last two terminations occurred in the 1960s, those of the Ponca Tribe of Nebraska, legally began in 1962—after Kennedy signed the order, at the urging of Secretary of the Interior Stewart Udall—and culminated in 1966;^[48] and that of the Tiwa Indians of Ysleta, Texas which transferred federal authority to the State of Texas in 1968.^[49] (The Ponca status was restored in 1990 and the Tiwa status was restored in 1987.) Presidents Lyndon B. Johnson and Richard Nixon changed federal policy, encouraging Indian self-determination instead of termination.^[50][51]

Forced termination is wrong, in my judgment, for a number of reasons. First, the premises on which it rests are wrong. ... The second reason for rejecting forced termination is that the practical results have been clearly harmful in the few instances in which termination actually has been tried. ... The third argument I would make against forced termination concerns the effect it has had upon the overwhelming majority of tribes which still enjoy a special relationship with the Federal government. ... The recommendations of this administration represent an historic step forward in Indian policy. We are proposing to break sharply with past approaches to Indian problems.

— President Richard Nixon, Special Message on Indian Affairs, July 8, 1970.^[52]

Some tribes resisted termination by filing civil lawsuits. The litigation lasted until 1980, when the issue made its way to the U.S. Supreme Court. The 1974 Boldt Decision was upheld by the Supreme Court in 1980, recognizing that tribes retained treaty rights for fishing and hunting, including the right to conduct such activities off the reservation and without state regulation.

Activism in the 1960s led to the founding of several Native American rights organizations, such as the American Indian Movement (AIM), and other organizations that helped protect the rights of Indians and their land.^[53] In 1975, Congress implicitly rejected the termination policy by passing the Indian Self-Determination and Education Assistance Act, which increased tribal control over reservations and helped with funding to build schools closer to reservations. On January 24, 1983, President Ronald Reagan issued an American Indian policy statement that supported explicit repudiation of the termination policy.^[54]

Tribes which evaded termination

Termination, although often accompanied with pressure and coercion, was considered "voluntary" and required tribal consent.^[55] Some of the tribes in this category may have had a formal termination agreement approved, but they were successful at warding off termination until repudiation, or terms of their agreement were unmet. Other tribes in this category were approved for termination, but were successful in testifying before Congress that they should not be terminated.

Iroquois Confederation of the Six Nationsedit

Beginning in 1953, a Federal task force began meeting with the tribes of the Six Nations. Despite tribal objections, legislation was introduced into Congress for termination.^[56] The proposed legislation involved more than 11,000 Indians of the Iroquois Confederation and was divided into two separate bills. One bill dealt with the Mohawk, Oneida, Onondaga, Cayuga and Tuscarora tribes and the other dealt with the Seneca (see § Seneca Nation).^[35]

The arguments the Six Nations made in their hearings with committees were that their treaties showed that the United States recognized that their lands belonged to the Six Nations, not the United States and that "termination contradicted any reasonable interpretation that their lands would not be claimed or their nations disturbed" by the federal government.^[57] The bill for the Iroquois Confederation died in committee without further serious consideration.^[56]

"Emigrant Indians" of New Yorkedit

A January 21, 1954 memo by the Department of the Interior advised that a bill for termination is to be prepared including "about 3,600 members of the Oneida Tribe residing in Wisconsin. These Indians have no land in Federal trusteeship and are not receiving any Federal services in such fields as health or education."^[35] Clarification of who these tribes were was found in a Department of the Interior memo entitled Indian Claims Commission Awards Over $38.5 Million to Indian Tribes in 1964, which states that the Emigrant Indians of New York are "now known as the Oneidas, Stockbridge-Munsee, and Brotherton Indians of Wisconsin".^[58]

In an effort to fight termination and force the government into recognizing their outstanding land claims from New York, the three tribes began filing litigation in the 1950s.^[59] As a result of a claim filed with the Indian Claims Commission, the group was awarded a settlement of $1,313,472.65 on August 11, 1964.^[58] To distribute the funds, Congress passed Public Law 90-93 81 Stat. 229 Emigrant New York Indians of Wisconsin Judgment Act and prepared separate rolls of persons in each of the three groups to determine which tribal members had at least one-quarter "Emigrant New York Indian blood". It further directed tribal governing bodies of the Oneidas and Stockbridge-Munsee to apply to the Secretary of the Interior for approval of fund distributions, thereby ending termination efforts for these tribes. With regard to the Brothertown Indians, however, though the law did not specifically state they were terminated, it authorized all payments to be made directly to each enrollee with special provisions for minors to be handled by the secretary. The payments were not subject to state or federal taxes.^[60]

When guidelines were established in 1978 to regain federal recognition, the Brothertown Indians submitted a petition. It was rejected because they had lost federal recognition through congressional legislation granting them citizenship. The Bureau of Indian Affairs acknowledged in 1993 that the federal government had recognized them as a sovereign tribe in treaties for 1831, 1832 and in the "1839 act which granted them citizenship and gave the tribe land in Wisconsin". Based on these findings the tribe petitioned the Department of the Interior again.^[59] In 2012 the department, in the final determination on the Brothertown petition, determined that the tribal status of the group was terminated by the 1839 act granting citizenship. The acting assistant secretary noted that only Congress could restore the tribal status.^[61] In an ongoing effort to regain recognition, the tribe asked the Town Board of Brothertown, Wisconsin for support. In a vote held on 27 December 2013, the town refused to endorse a plan to seek Congressional approval.^[62]

Confederated Salish and Kootenai Nationedit

In 1954 at Congressional hearings, the Flathead Tribes were able to resist the government's plans to terminate their tribe.^[55] An opinion issued April 8, 1980 in the US District court for the State of Montana confirmed that the Flathead Reservation held in trust by the US Government had not been diminished nor terminated since enactment of The Flathead Act of April 23, 1904. It further clarified that Congress's intent to terminate must be clear and cannot be inferred, stating "A congressional determination to terminate must be expressed on the face of the Act or be clear from the surrounding circumstances and legislative history."^[63]

Kansas tribesedit

Because jurisdiction over criminal matters had already been transferred to the State of Kansas by the passage of the Kansas Act of 1940, the government targeted the four tribes in Kansas for immediate termination.^[35] In February 1954 joint hearings for the Kansas tribes were held by the House and Senate Subcommittees on Indian Affairs.^[64]

The Prairie Band of Potawatomi Nation tribal leader, Minnie Evans (Indian name: Ke-waht-no-quah Wish-Ken-O),^[65] led the effort to stop termination.^[66] Tribal members sent petitions of protest to the government and multiple delegations went to testify at congressional meetings in Washington, DC.^[67] Tribal Council members Vestana Cadue, Oliver Kahbeah, and Ralph Simon of the Kickapoo Tribe in Kansas traveled at their own expense to testify as well. The strong opposition from the Potawatomi and Kickapoo tribes helped them, as well as the Sac & Fox and the Iowa Tribe, avoid termination.^[64]

Chippewa Indians of the Turtle Mountain Reservationedit

Though termination legislation was introduced (Legislation 4. S. 2748, H.R. 7316. 83rd Congress. Termination of Federal Supervision over Turtle Mountain Band of Chippewa Indians),^[68] the law was not implemented. In 1954, at the Congressional hearings for the Turtle Mountain Band of Chippewa Indians, tribal Chairman Patrick Gourneau and a delegation spoke in Washington, DC. They testified that the group was not financially prepared, had high unemployment and poverty, suffered from low education levels, and termination would be devastating to the tribe. Based on their testimony, the Chippewa were dropped from the tribes to be terminated.^[69]

Minnesota Sioux Communitiesedit

Discussions between the BIA and the Indians from the Lower Sioux Community in Redwood and Scott counties, the New Upper Sioux Community in Yellow Medicine County, the Prairie Island Community in Goodhue County and some scattered individuals living on restricted tracts in Yellow Medicine County^[70] began in 1953 and continued throughout 1954. Though the Prairie Island and Lower Sioux communities drafted agreements with individual land ownership, the Upper Sioux strongly opposed fee simple title to tribal lands.

On January 26, 1955, Senator Edward Thye introduced into Congress a bill (S704) to provide for termination of the tribes. Opposition, not only of the Dakota, but of other citizens who realized their state expenses might increase, were made to the committee reviewing the bill. The Minnesota Governor's Commission on Human Rights also opposed the legislation, indicating that it would "not adequately protect the interests of the Indians". The bill died in committee, never reaching the Senate floor.^[71]

Seminole Tribe of Floridaedit

Being proposed for termination galvanized the Seminole Tribe of Florida. On 9 October 1953, an emergency meeting was called at the agency headquarters on the Dania Reservation. There were two issues to be considered: 1) convincing the government that the tribe was not ready to take over management of its own affairs and 2) convincing the government that not all Native people living in Florida were Seminole. On March 1–2, 1954, designated tribal members testified at a Joint Hearing before the Subcommittees of the Committees on Interior and Insular Affairs of the 83rd Congress. Additional hearings were held 6–7 April 1955, requesting the continuance for the next 25 years of government supervision and separation of the Seminoles from the Miccosukees and Traditionals. By March 26, 1957, a committee had been formed to draft a constitution and corporate charter. The constitution and bylaws were accepted by tribal vote on August 21, 1957^[72] and ratified by Congress later that same year. The Miccosukees formed their own government, receiving state recognition in 1957 and federal recognition as the Miccosukee Tribe of Indians of Florida in 1962. Some Traditionals refused to affiliate with either tribe, not wanting relations with the federal government.^[73]

Wyandotte Tribe of Oklahomaedit

On August 1, 1956, the US Congress passed Public Law ch. 843, 70 Stat. 893 to terminate the Wyandotte Tribe of Oklahoma. Three years were allotted for completion of termination^[74] and one of the stipulations required that a parcel of land in Kansas City, Kansas, reserved as the Huron Cemetery which had been awarded to the Wyandottes by treaty on January 31, 1855, was to be sold by the United States. Litigation was filed by a group of Absentee Wyandots against the United States and the City of Kansas City, Kansas which resulted in an inability of the US to fulfill the terms of the termination statute and ultimately kept the Wyandotte Tribe from being terminated.^[75] The Bureau of Land Management records confirm that the Federal Register never published the termination of the Wyandotte lands and thus they were never officially terminated.^[76]

To clarify the uncertainty, since an actual act had been passed, when Congress restored the other Oklahoma Tribes, it included the Wyandotte in the repeal. On May 15, 1978, in a single Act, entitled Public Law 95-281, the termination laws were repealed, and the three tribes were reinstated with all rights and privileges they had prior to termination.^[77]

California Rancheriasedit

41 Rancherias in California were approved for termination under the original terms of the 1958 California Rancheria Termination Act, Public Law 85-671 and another 7 Rancherias were targeted in the 1964 amendment to the Act. For five of the Rancherias terminations were not completed by the US government:

California tribes which avoided termination

	Rancheria or reservation	Tribal entity	Date of termination[76]	Date of reinstatement	Date of land restoration	Details
1.	Cold Springs Rancheria	Cold Springs Rancheria of Mono Indians of California	—	—	—	The ACCIP Termination Report (September 1997) states that the Cold Springs Rancheria was never terminated.[78]
2.	Middletown Rancheria	Middletown Rancheria of Pomo Indians of California	—	—	—	The ACCIP Termination Report (September 1997) states that the Middletown Rancheria was never terminated.[78]
3.	Montgomery Creek Rancheria	Pit River Tribe, California	—	—	—	The ACCIP Termination Report (September 1997) states that the Montgomery Creek Rancheria was one of the land bases of the Pit River Tribe and was never terminated.[78]
4.	Likely Rancheria	Pit River Tribe, California	—	—	—	The ACCIP Termination Report (September 1997) indicates that this rancheria was sold;[78] however, according to the April 2014 List of Federally Recognized Tribes the Pit River Tribe includes the former rancherias of XL Ranch, Big Bend, Likely, Lookout, Montgomery Creek and Roaring Creek Rancherias.[79]
5.	Lookout Rancheria	Pit River Tribe, California	—	—	—	The ACCIP Termination Report (September 1997) indicates that this rancheria was sold;[78] however, according to the April 2014 List of Federally Recognized Tribes the Pit River Tribe includes the former rancherias of: XL Ranch, Big Bend, Likely, Lookout, Montgomery Creek and Roaring Creek Rancherias.[79]

Choctaw Nation of Oklahomaedit

After eleven years as Choctaw chief, Harry J. W. Belvin persuaded Representative Carl Albert of Oklahoma to introduce federal legislation to begin terminating the Choctaw tribe, as a means to circumvent BIA intrusion into tribal funds and government.^[80] On April 23, 1959, the BIA confirmed that H.R. 2722 had been submitted to Congress at the request of the tribe, and would sell all remaining tribal assets, but would not effect any individual Choctaw earnings. It also provided for retention of half of all mineral rights which could be managed by a tribal corporation.^[81]

On August 25, 1959, Congress passed a bill^[82] to terminate the tribe, which was later called Belvin's law as he was the main advocate behind it.^[83] In actuality, the provisions of the bill were intended to be a final disposition of all trust obligations and a final "dissolution of the tribal governments".^[81] The original Act was to have expired in 1962, but was amended twice to allow more time to sell the tribal assets. As time wore on, Belvin realized that the bill severed the tribe members access to government loans and other services, including the tribal tax exemption. By 1967, he had asked Oklahoma Congressman Ed Edmondson to try to repeal the termination act.^[80] Congress finally repealed the law on August 24, 1970.^[83]

Seneca Nationedit

On August 31, 1964,^[84] H.R. 1794, An Act to authorize payment for certain interests in lands within the Allegheny Indian Reservation in New York, was passed by Congress and sent to the president for signature. The bill authorized payment for resettling and rehabilitation of the Seneca Indians. As part of their reservation was effected by the construction of the Kinzua Dam on the Allegheny River, 127 Seneca families (about 500) people were being dislocated. The legislation provided benefits for the entire Seneca Nation, because the taking of the Indian land for the dam broke (abridged) a 1794 treaty between the Government and the Senecas. In addition, the bill provided that within three years, a plan from the Interior Secretary should be submitted to Congress withdrawing all federal supervision over the Seneca Nation. (Technically the state of New York, and not the Federal Government, had had supervision over the Senecas since 1949.)^[85]

Accordingly, on September 5, 1967, a memo from the Department of the Interior announced that legislation had been proposed to end federal ties with the Seneca.^[86][87] In 1968 a new liaison was appointed from the BIA for the tribe to assist the tribe in preparing for termination and rehabilitation.^[88] Like the Choctaw, the Seneca were able to hold off termination until President Nixon issued^[89] his Special Message to the Congress on Indian Affairs in July 1970.^[52]

Jurisdictional terminations and restorationsedit

Termination acts were passed dealing with particular tribes or groups of tribes because of special circumstances. They followed the basic termination policies, but sometimes had minor variations. In some cases, when termination was reversed, the government granted recognition, but no restoration of federal trust lands occurred. Some of those tribes, specifically in California, are still seeking restoration of reservation lands.

Menominee Termination Actedit

The Menominee tribe of Wisconsin was one of the first tribes proposed for termination. Observers believed they did not need governmental services because of the value of their timber lands. On June 17, 1954, Congress passed the Menominee Termination Act, ending the special relationship between the Menominee tribe of Wisconsin and the federal government.^[39] Though the act was passed in 1954, it was not until April 30, 1961, that they were officially terminated.

The Menominee did not initially cooperate with the new policy. They had recently won a court case against the government over mismanagement of forestry enterprises, and Senator Watkins threatened to withhold the $8.5 million settlement unless the Menominee agreed to termination. Previously, the tribe had been able to support themselves and fund most social programs with revenue generated by the logging industry and lumber mill. Their economic situation, however, was precarious since they only had one resource.^[6]

This act was unique because it left out termination of Menominee hunting and fishing rights. The state of Wisconsin tried to subject the Menominee tribe to state hunting and fishing regulations, including requiring individuals to get permits for hunting. When the tribe filed suit against the state to defend their treaty rights, the Wisconsin Supreme Court upheld these regulations. They ruled that Congress had abrogated all Menominee hunting and fishing rights by passing the Menominee Termination Act.^[90]

The tribe appealed to the Supreme Court of the United States in 1968 in Menominee Tribe v. United States.^[39] The U.S. Supreme Court found that termination of a tribe did not abrogate treaty rights unless there was specific legislative intent to do so.^[39] The Menominees' hunting and fishing rights were guaranteed under the Wolf River Treaty of 1854. Since the Menominee Termination Act made no mention of these treaty hunting and fishing rights, the U.S. Supreme Court found that the treaty rights had not been abrogated. They ruled that the Menominee were still entitled to their traditional hunting and fishing rights free from state control.^[39]

The Wisconsin Supreme Court had gone against Public Law 280 when they denied the Menominee their hunting and fishing rights (124 N.W.2d 41, 1963). Public Law 280 explicitly states that "Nothing in this section ... shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof."^[90] These proceedings show that while the abrogation of federal treaties is legal (under Lone Wolf v. Hitchcock), Congressional intent to abrogate these treaties cannot be inferred, it must be explicit. Unless specifically abrogated by Congress, treaty rights remain in effect, whether a tribe is terminated or not.^[39]

After they were terminated, the commonly held land and money were transferred to the corporation Menominee Enterprises, Inc. (MEI), and the geographical area of the reservation was admitted to the state as a new county. Menominee County soon became the poorest county in the state. MEI funds were rapidly depleted. Concern about corruption within MEI, including its selling of former tribal land, led community members such as Ada Deer and James White to form a group called the Determination of Rights and Unity for Menominee Stockholders (DRUMS) in 1970.

They fought to regain control of MEI and, by the end of 1972, they controlled the corporation. The activists worked to restore Menominee tribal government and regain sovereignty. Their success was reflected in the Menominee Restoration Act, signed by President Richard Nixon in 1973. With the help of the Menominee Restoration Committee (MCR), the reservation was reformed in 1975, a tribal constitution was signed in 1976, and the new tribal government took over in 1979.^[21]

Klamath Termination Actedit

The Klamath tribe in Oregon was terminated under the Klamath Termination Act, or Public Law 587, enacted on August 13, 1954. Under this act, all federal supervision over Klamath lands, as well as federal aid provided to the Klamath because of their special status as Indians, was terminated.^[91] The legislation required each tribal member to choose between remaining a member of the tribe, or withdrawing and receiving a monetary payment for the value of the individual share of tribal land.^[6] Those who stayed became members of a tribal management plan. This plan became a trust relationship between tribal members and the United States National Bank in Portland, Oregon.^[92] Of the 2,133 members of the Klamath tribe at the time of termination, 1,660 decided to withdraw from the tribe and accept individual payments for land.^[91]

The termination of the Klamath Reservation, in actuality included three distinct but affiliated tribes. The Act defines the members as the "Klamath and Modoc Tribes and the Yahooskin Band of Snake Indians, and of the individual members thereof".^[93] A portion of the Modoc Tribe, had been taken as prisoners to Indian Territory in 1873 following the Modoc War in Oregon. In 1965, as a part of the US settlement with the Klamath reservation, a series of hearings were held from April to August. The hearings concluded without allowing the Oklahoma Modoc to be included in the rolls of the Klamath Tribe.^[94]

Ironically, the western Modoc were restored to tribal status on May 15, 1978, in an Act which reinstated the Modoc, Wyandotte, Peoria and Ottawa Tribes of Oklahoma.^[77] Almost a decade later, through the leadership and vision of the Klamath people, and the assistance of a few congressional leaders, the Klamath Restoration Act was adopted into law in 1986, reestablishing the Klamath as a sovereign state.^[95]

Western Oregon Indian Termination Actedit

The Western Oregon Indian Termination Act, or Public Law 588, was passed in August 1954. It called for termination of federal supervision over the trust and restricted property of numerous Native American bands and small tribes, all located west of the Cascade Mountains in Oregon.^[96] The act also called for disposition of federally owned property which had been bought for the administration of Indian affairs, and for termination of federal services which these Indians received under federal recognition.^[96] The stipulations in this act were similar to those of most termination acts.

The Western Oregon Indian Termination Act was unique because of the number of tribes it affected. In all, 61 tribes in western Oregon were terminated. This total of tribes numbered more than the total of those terminated under all other individual acts.^[96] The history of the area, with the Coastal Reservation being established by Executive Order and not treaty, then separated into the Siletz and Grande Ronde Reservations, then those two reservations being combined, and yet again separated, makes the situation complicated, and difficult to ascertain specific tribal data.^[97] The final roll of the Confederated Tribes of Siletz contained 929 names^[98] and the final roll of the Confederated Tribes of Grand Ronde contained 862 names.^[97] The combined total of these two confederations' population was 1,791, though there may well have been scattered Native peoples in the coastal region who were not affiliated with these reservations.

There were restoration acts that restored all of the bands who had tribe members that had been located on the Grand Ronde or Siletz Reservations. Some of these tribes were restored with those acts and later obtained their own federal recognition.

• November 18, 1977: Confederated Tribes of Siletz Indians were restored by federal statute, Public Law No. 95-195, 91 Stat. 1415^[99] Records of the Bureau of Land Management confirm that upon restoration 4,250.68 acres of land were re-established in the federal trust.^[76]
• December 29, 1982: Cow Creek Band of Umpqua Tribe of Indians^[100] were restored by federal statute, Public Law 97-391 96 Stat. 1960^[101] Any tribal members who wished to remain members of the Confederated Tribes of the Grand Ronde Community were allowed to do that.
Zdroj:https://en.wikipedia.org?pojem=Indian_termination_policy
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