[Congressional Record Volume 148, Number 88 (Thursday, June 27, 2002)]
[Senate]
[Pages S6263-S6264]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 295--COMMEMORATING THE 32ND ANNIVERSARY OF THE POLICY 
                      OF INDIAN SELF-DETERMINATION

  Mr. CAMPBELL (for himself, Mr. Akaka, Mr. Domenici, Mr. Cochran, and 
Ms. Stabenow) submitted the following resolution; which was referred to 
the Committee on the Judiciary:

                              S. Res. 295

       Whereas the United States of America and the Sovereign 
     Indian Tribes contained within its boundaries have had a long 
     and mutually beneficial relationship since the beginning of 
     the Republic.
       Whereas the United States has recognized this special legal 
     and political relationship and its trust responsibility to 
     the Indian Tribes as reflected in the Federal Constitution, 
     treaties, numerous court decisions, Federal statutes, 
     executive orders, and course of dealing;
       Whereas Federal policy toward the Indian Tribes has 
     vacillated through history and often failed to uphold the 
     government-to-government relationship that has endured for 
     more than 200 years;
       Whereas these Federal policies included the wholesale 
     removal of Indian tribes and their members from their 
     aboriginal homelands, attempts to assimilate Indian people 
     into the general culture, as well as the termination of the 
     legal and political relationship between the United States 
     and the Indian tribes;
       Whereas President Richard M. Nixon, in his `Special Message 
     to Congress on Indian Affairs' on July 8, 1970, recognized 
     that the Indian Tribes constitute a distinct and valuable 
     segment of the American federalist system, whose members have 
     made significant contributions to the United States and to 
     American culture;
       Whereas President Nixon determined that Indian Tribes, as 
     local governments, are best able to discern the needs of 
     their people and are best situated to determine the direction 
     of their political and economic futures;
       Whereas in his `Special Message' President Nixon recognized 
     that the policies of legal and political termination on the 
     one hand, and paternalism and excessive dependence on the 
     other, devastated the political, economic, and social aspects 
     of life in Indian America, and had to be radically altered;
       Whereas in his `Special message' President Nixon set forth 
     the foundation for a new, more enlightened Federal Indian 
     policy grounded in economic self-reliance and political self-
     determination; and
       Whereas this Indian self-determination policy has endured 
     as the most successful policy of the United States in dealing 
     with the Indian Tribes because it rejects the failed policies 
     of termination and paternalism and recognized `the integrity 
     and right to continued existence of all Indian Tribal and 
     Alaska native governments, recognizing that cultural 
     pluralism is a source of national strength';
       Now, therefore, be it
       Resolved, That the Senate of the United States recognizes 
     the unique role of the Indian Tribes and their members in the 
     United States, and commemorates the vision and leadership of 
     President Nixon, and every succeeding President, in fostering 
     the policy of Indian Self-Determination

  Mr. CAMPBELL. Mr. President, I am pleased to submit today a 
resolution to commemorate the anniversary of a little-noticed but 
critical event that took place 32 years ago this summer.
  In July 1970, President Richard M. Nixon delivered his now-famous 
``Special Message to the Congress on Indian Affairs'' that 
revolutionized how our Nation deals with Native governments and Native 
people from Florida to Alaska, from Maine to Hawaii.
  With centuries of ill-conceived and misdirected Federal policies and 
practices behind us, I am happy to say that the Nixon Indian policy 
continues as the bedrock of America's promise to Native Americans.
  In his Message to Congress, the President made the case for a more 
enlightened Federal Indian policy. Citing historical injustices as well 
as the practical failure of all previous Federal policies regarding 
Indian Nations, President Nixon called for the rejection of both the 
``termination'' policy of the 1950s and the ``excessive dependence'' on 
the Federal Government by Indian tribes and people fostered by Federal 
paternalism.
  Nixon observed that ``[t]he first Americans--the Indians--are the 
most deprived and most isolated group in our Nation. On virtually every 
scale of measurement--employment, income, education, health--the 
condition of the Indian people rank at the bottom.''
  Thirty-two years later, Indians continue to suffer high rates of 
unemployment, are mired in poverty, and still rank at or near the 
bottom of nearly every social and economic indicator in the Nation. 
Nonetheless, there is cause for hope that the conditions of Native 
Americans are improving, however slowly.
  The twin pillars of the policy change initiated in 1970 are political 
self determination and economic self reliance. Without doubt, the most 
enduring legacy of the 1970 Message is the Indian self determination 
policy best embodied in the Indian Self Determination and Education 
Assistance Act of 1975, amended several times since then.
  This Act, which has consistently been supported, promoted, and 
expanded with bipartisan support, authorizes Indian tribes to assume 
responsibility for and administer programs and services formerly 
provided by the Federal Government.
  As of 2001, nearly one-half of all Bureau of Indian Affairs, BIA, and 
Indian Health Service, IHS, programs and services have been assumed by 
tribes under the Indian Self Determination Act.
  With this transfer of resources and decision making authority, tribal 
governments have succeeded in improving the quality of services to 
their citizens, developed more sophisticated tribal governing 
structures and practices, improved their ability to govern, and 
strengthened their economies.

[[Page S6264]]

  Self determination contracting and compacting has improved the 
efficiency of Federal programs and services and at the same time have 
devolved control over these resources from Washington, DC to the local, 
tribal governments which are much more in tune with the needs of their 
own people.
  As steps are taken to provide tribes the tools they need to develop 
vigorous economies and generate tribal revenues, our policy in Congress 
and across the Federal Government should be to encourage and assist 
tribes to expand self determination and self governance into other 
agencies and programs, and in the process help Native people to achieve 
real and measurable success in improving their standard of living.
  The challenge of the Nixon Message was not only to the Federal 
Government but to the tribes themselves: that by building strong tribal 
governments and more robust economies, real independence and true self 
determination can be achieved.
  Our experience has shown that any cooperative efforts between the 
United States and the tribes must include a solemn assurance that the 
special relationship will endure and will not be terminated because of 
the fits and starts of periodic economic success enjoyed by some Indian 
tribes.
  President Nixon wisely realized that the mere threat of termination 
results in a tendency toward an unhealthy dependence on the Federal 
Government which has plagued Native people for decades. As President 
Nixon himself knew, Native people are not hapless bystanders in this 
process. His Message recognized that the story of the Indian in America 
is one of ``endurance, survival, of adaptation and creativity in the 
face of overwhelming obstacles.''
  The persistence and tenacity of Native people has been the foundation 
in forging a more enlightened Indian policy and with the assistance of 
the United States will, I am confident, result in true self 
determination for Native people in the United States.
  I urge my colleagues to join me in recognizing the Nixon Message and 
our collective efforts over time in making Indian self determination a 
reality.

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