Native American policy

Native American policy refers to the manner in which the government of the United States relates to Indigenous Americans. The earliest forms of Native American policy began during the American colonial period and the early years of the United States. In the 1830s, US political and military initiatives forced most Indigenous peoples to move westward onto reservations. Throughout the later 1800s, US policies created restraints on reservation life and attempted to force assimilation with Anglo-American culture. Only in the 1900s did policies remove restrictions and begin helping nations return to self-determination.

Beginnings (1492–1828)

Following the Christopher Columbus expedition of 1492, large numbers of Europeans began immigrating to North America. These settlers found a land already occupied by hundreds of groups of Indigenous Americans with a vast array of languages, religions, and cultures. Europeans desired the fertile land and abundant natural resources of the so-called "New World" but lacked the power to forcibly take it. Consequently, European leaders entered into treaties with Indigenous Americans that generally attempted to build peaceful relationships while securing land and resources for European settlers. In these treaties, European governments regarded these groups as independent nations.

Conflicts among colonial powers in North America often grew to encompass Indigenous Americans both politically and militarily. Some groups suffered grievous losses during wars in the 1700s. Regardless, Indigenous Americans remained a powerful force in North America, and the fledgling United States government, formed in 1776, was compelled to show them respect. Representatives of the United States created new treaties with these groups and passed legislation to protect their rights. The Northwest Ordinance of 1789 declared that Indigenous land and property were off-limits to non-Indigenous peoples. Various Trade and Intercourse Acts throughout the 1790s added other measures to protect Indigenous people from unregulated interference. The US government seldom enforced these acts and treaties, however.

Relocation and Assimilation (1828–1934)

By the first decades of the 1800s, the United States had grown significantly in its power and influence, and many of its leaders allowed growing interference in Native American affairs. This behavior greatly intensified after the 1828 inauguration of President Andrew Jackson. Jackson believed that the United States was destined to expand, regardless of the impact on Native Americans.

Shortly after taking office, Jackson began implementing policies such as the 1830 Indian Removal Act that forced tribes to move westward, thereby making more land available for White settlers east of the Mississippi River. Jackson used military power to further impose his will on Indigenous leaders. Despite some protests, including rulings from the Supreme Court, which held tribes to be self-contained foreign states, the Jackson administration continued to forcibly remove Native Americans. Jackson's policies led to a great deal of conflict and tragedy, most notably in the case of the Trail of Tears, in which thousands of Indigenous people perished during a forced relocation.

Indigenous people who migrated westward generally had to live on reservations, areas of often-barren lands of little interest to the United States. Even on the reservations, however, Indigenous people enjoyed little self-determination. In 1871, Congress voted to end its use of treaties in Indigenous American policy and instead use statutes, clearly signaling a shift in attitude. At that time, the US government began to consider Indigenous tribes to be subjects rather than independent nations. As such, tribes were more powerless than ever to resist incursions on their lands and cultures.

In the last half of the 1800s, reservations came under the control of the US government, which passed statutes meant to assimilate Indigenous people, stripping them of their traditions and coercing them to accept the customs, religions, and laws of the United States. The General Allotment Act, or Dawes Act, of 1887 furthered the policies of assimilation. The Dawes Act divided reservation land, which not only seriously disrupted the organization of Indigenous families and governments but also opened up formerly protected lands for settlement by non-Indigenous people.

Self-Determination (1934–present)

Starting in the 1920s, US legislators began questioning the Native American policies of past generations. In 1924, the Indian Citizenship Act declared that all Indigenous people were citizens, and four years later, the Meriam Report pointed out that the Dawes Act and allotment system had failed to assist or assimilate Native Americans. These laws and findings contributed to a change in attitude toward the Indigenous people, and lawmakers began crafting new plans to help Native Americans improve their lives as well as salvage what remained of their cultures.

The Wheeler-Howard Act of 1934, also known as the Indian Reorganization Act, was an attempt to use political and economic means to help reinvigorate Indigenous populations. The act offered financial aid, employment assistance, improved health care and education, and a reinstatement of tribal government on reservations. Although the 1934 legislation led to some positive results, including an increase in Native-held land, many lawmakers never agreed with the idea of federal aid to Native Americans.

In 1953, a new era in Native American policy began when Congress passed House Concurrent Resolution 108, which swiftly terminated federal assistance to many Indigenous nations. This drastic policy shift undid the temporary gains of the Wheeler-Howard Act and threw many Native groups into financial and political disarray. It also imposed US laws on reservation lands and encouraged Indigenous people to leave their reservations.

In the late 1960s, in the midst of the American civil rights movement, the government once again reevaluated the situation of Indigenous Americans. Initiatives supported by Presidents Lyndon B. Johnson and Richard M. Nixon began to push for a more responsible policy to help Indigenous Americans gain freedom and autonomy. The Indian Civil Rights Act of 1968 guaranteed communities protection under the US Constitution and reasserted protections for Indigenous governments against state authority. Subsequent rulings allowed financial assistance for tribes and helped protect their claims to land and resources. By the 1980s, many Native American groups had reached self-determination and began to function as distinct governments within the United States.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the UN General Assembly on September 13, 2007, set global standards for Indigenous rights. These standards included parameters for self-determination, land and resource protections, cultural preservation, and non-discrimination. The US initially opposed UNDRIP, citing concerns over sovereignty and land disputes, but in 2010, President Barack Obama’s administration endorsed the declaration as a framework for improving relations with Indigenous peoples. However, because the UNDRIP had no concrete legal reforms, many saw it as insufficient.

Policies continued to be made or amended in the 2020s. Amended policies sought to improve communication and relationships between Tribal governments and the US government. Other policies focused on the inclusion of Indigenous peoples in decisions relating to national parks and support from the US government in the missing and murdered Indigenous women (MMIWG) crisis. The MMIWG movement brought attention to the higher rates of murders and disappearances of Indigenous girls and women.

Bibliography

Deloria, Vine. American Indian Policy in the Twentieth Century. U of Oklahoma P, 1985.

"Federal Law and Indian Policy Overview." Bureau of Indian Affairs, www.bia.gov/bia/history/IndianLawPolicy. Accessed 13 Apr. 2026.

"Historical Timeline of American Indian Policies." Iowa State University, 2026, amin.las.iastate.edu/historical-timeline/.  Accessed 13 Apr. 2026.

"Native American Policies." Office of Tribal Justice, US Department of Justice, 15 June 2022, www.justice.gov/otj/native-american-policies. Accessed 13 Apr. 2026.

Satz, Ronald N. American Indian Policy in the Jacksonian Era. U of Nebraska P, 1974.

"Trail of Tears: A Journey of Injustice." National Park Service, 23 Apr. 2025, www.nps.gov/trte/index.htm. Accessed 13 Apr. 2026.