Public Law 93-638

Public Law 93-638 is a landmark legislation that has significantly impacted the lives of Native Americans and Alaska Natives, enabling them to take control of their own affairs through tribal self-governance. This law was enacted by the 93rd United States Congress and signed into law by President Gerald Ford on January 4, 1975, with the support of key figures such as Henry M. Jackson and Wilma Mankiller. The legislation has been instrumental in promoting the self-determination of American Indian tribes, including the Navajo Nation, Cherokee Nation, and Choctaw Nation, and has been influenced by events such as the Wounded Knee incident and the American Indian Movement. The law has also been shaped by the contributions of notable individuals, including Vine Deloria Jr., Suzan Shown Harjo, and LaDonna Harris.

Introduction to Public Law 93-638

Public Law 93-638, also known as the Indian Self-Determination and Education Assistance Act, has its roots in the Indian Reorganization Act of 1934, which was introduced by John Collier and aimed to reverse the Dawes Act's assimilation policies. The law was a response to the Termination Era, which saw the federal government's attempt to assimilate Native American tribes into mainstream American society, as exemplified by the Relocation Program and the Indian Relocation Act of 1956. The National Congress of American Indians, Native American Rights Fund, and other organizations, such as the American Indian Movement and the National Indian Education Association, played a crucial role in advocating for the rights of Native Americans and Alaska Natives, including Inupiat, Yupik, and Aleut. Key figures, including Wilma Mankiller, Vine Deloria Jr., and Suzan Shown Harjo, have been instrumental in shaping the law and its implementation, with support from Senator Ted Kennedy and Representative Morris Udall.

Legislative History

The legislative history of Public Law 93-638 is closely tied to the Indian Civil Rights Act of 1968 and the Indian Education Act of 1972, which were introduced by Senator Sam Ervin and Representative George Miller, respectively. The law was also influenced by the Wounded Knee incident and the American Indian Movement, which brought attention to the struggles faced by Native American tribes, including the Oglala Sioux Tribe and the Pine Ridge Indian Reservation. The Senate Committee on Indian Affairs, chaired by Senator Henry M. Jackson, and the House Committee on Interior and Insular Affairs, chaired by Representative Wayne Aspinall, played a crucial role in shaping the legislation, with input from Senator Barry Goldwater and Representative John Dingell. The law has been amended several times, including the Tribal Self-Governance Act of 1994, which was introduced by Senator Daniel Inouye and Representative George Miller, and the Indian Health Care Improvement Act of 2010, which was signed into law by President Barack Obama.

Provisions and Amendments

Public Law 93-638 has several key provisions, including the authority for tribal governments to contract with the federal government to manage their own programs and services, such as health care and education, as provided by the Indian Health Service and the Bureau of Indian Education. The law also established the Office of Self-Governance within the Department of the Interior, which is responsible for overseeing the implementation of the law and providing technical assistance to tribal governments, including the Navajo Nation and the Cherokee Nation. The law has been amended several times, including the Indian Self-Determination and Education Assistance Act Amendments of 1988, which was introduced by Senator Daniel Inouye and Representative George Miller, and the Tribal Self-Governance Act of 1994, which was signed into law by President Bill Clinton. These amendments have expanded the law's provisions and have provided additional funding and support for tribal self-governance, as advocated by organizations such as the National Congress of American Indians and the Native American Rights Fund.

Impact on Tribal Self-Governance

Public Law 93-638 has had a significant impact on tribal self-governance, enabling tribal governments to take control of their own affairs and make decisions about their own programs and services, as seen in the Navajo Nation's management of its own health care system and the Cherokee Nation's operation of its own education system. The law has also promoted the development of tribal economies, including the Native American gaming industry, which has generated significant revenue for tribal governments, such as the Oneida Nation and the Mashantucket Pequot Tribe. The law has also supported the preservation of Native American cultures and languages, including the Navajo language and the Cherokee language, through programs such as the Native American Language Preservation Act of 2006, which was introduced by Senator Daniel Inouye and Representative Don Young. Key organizations, including the National Museum of the American Indian and the Native American Rights Fund, have played a crucial role in promoting the law's provisions and supporting tribal self-governance.

Implementation and Funding

The implementation of Public Law 93-638 has been supported by various federal agencies, including the Department of the Interior, the Department of Health and Human Services, and the Department of Education, which have provided funding and technical assistance to tribal governments, including the Bureau of Indian Affairs and the Indian Health Service. The law has also been supported by non-governmental organizations, such as the Ford Foundation and the Kellogg Foundation, which have provided funding and technical assistance to tribal governments and Native American organizations, including the National Congress of American Indians and the Native American Rights Fund. The law's funding has been provided through various mechanisms, including appropriations and grants, which have been administered by agencies such as the Office of Management and Budget and the General Accounting Office. Overall, Public Law 93-638 has been instrumental in promoting the self-determination of Native American tribes and has had a lasting impact on tribal self-governance and the lives of Native Americans and Alaska Natives, as recognized by President Joe Biden and Senator Lisa Murkowski. Category:United States federal Indian legislation