Cover

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Title Page, Copyright

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pp. i-iv

Contents

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pp. v-vi

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Foreword

W. Ron Allen

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pp. vii-x

I was honored when Alan Parker asked me to write a foreword to his book, Pathways to Indigenous Nation Sovereignty: A Chronicle of Federal Policy Developments. This book is a great read for anyone involved in working with Tribal Nations in the United States. It caused me to reflect on many of the experiences that Alan shares with those of us in Indian Country and with the general public. He tells us the story of his lifelong career in public policy work on behalf of tribal rights of self-governance and inherent sovereignty. His work with the many diffferent tribal leaders he has encountered has, in my opinion, led to transformative changes for...

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Preface

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pp. xi-xii

This book has been entitled “Pathways to Indigenous Nation Sovereignty” in tribute to the life and work of the late Joseph Delacruz, former president of the Quinault Indian Nation and president of the National Congress of American Indians. I have long considered Joe my hero and mentor. Before he passed away in the year 2000, Joe asked me and my teaching partner at Evergreen State College, Dr. Linda Moon Stumpfff, to establish a special school for tribal students. He wanted us to create a place where they could learn about the lessons...

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Chapter 1. The Historical Context of the U.S. Government’s Policies Regarding Indian People

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pp. 1-12

Tribal leaders at the beginning of the 1960s began to articulate the idea of tribal self-determination as an alternative to tribal termination. The pivotal event that influenced the thinking of this generation of tribal leaders was the 1961 American Indian Chicago Conference on Indian Policy.1 The conference was organized primarily by the founders of the National Congress of American Indians (ncai). They included D’Arcy McNickle, a member of the Salish and Kootenai Tribe and former stafff to John Collier when he was commissioner of the Bureau of Indian Afffairs during the Roosevelt administration. Earl Old Person, leader of the...

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Chapter 2. The American Indian Policy Review Commission

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pp. 13-30

A very important initiative taken by the Congress in the 1970s was the creation of the American Indian Policy Review Commission (AIPRC). Initiated in 1975 under the leadership of South Dakota senator James Abourezk, the idea for establishing the American Indian Policy Review Commission grew from his experience dealing with the American Indian Movement (AIM) and their takeover of BIA offices in Wounded Knee, South Dakota, in 1973. This action by the AIM organization followed the 1972 “Trail of Broken Treaties ” march on Washington, an event orchestrated by aim after the headline-grabbing...

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Chapter 3. The AIPRC Recommends That an Independent Committee on Indian Afffairs Be Established in the U.S. Congress

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pp. 31-38

Over the years since it was established in 1977, I have concluded that the work of the U.S. Senate Committee on Indian Afffairs has been the major accomplishment of the American Indian Policy Review Commission. The AIPRC leaders came to understand that Congress needed to address its conflicting interests between upholding the federal government’s duties as a trustee to the nation’s Indian tribes, duties tied to historic treaty commitments, and the interests of their own “corporate” constituents. The commission members saw an abundance of evidence over the two years of our investigative work that these two...

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Chapter 4. The Indian Child Welfare Act of 1978

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pp. 39-44

The number one item on our agenda for the Temporary Select Committee on Indian Afffairs, under the rules and plans adopted in our fijirst business meeting in Senator Hatfijield’s offfijice, was to draft a bill that would address a high priority of the AIPRC, that is, legislation that would become the Indian Child Welfare Act. We also took up the task of drafting authorizing legislation for the tribal community colleges, and legislation that consolidated authority for the Indian housing programs within the HUD agency. While not included in the AIPRC recommendations, two historically important pieces of legislation, the Maine Indian...

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Chapter 5. The American Indian Religious Freedom Act

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pp. 45-50

The other major piece of legislation that we succeeded in having Congress pass in our first year after the AIPRC report was submitted was the 1978 American Indian Religious Freedom Act. This law also came out of the work of the aiprc and testimony presented to the commission about the history of abuse where federal government authority was used to outlaw religious practices and teachings of traditional Indian leaders for many years. One of the powerful champions of tribal rights in this cause was Suzan Shown Harjo, who had recently been appointed as a special assistant to Assistant Secretary Forrest Gerard....

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Chapter 6. Indian Land Claims and Water Rights Claims Settled by an Act of Congress Serve as Treaty Substitutes

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pp. 51-56

In 1979 the Select Committee on Indian Afffairs also took up two legislative proposals that established important precedents for the future: the water-rights claims of the Ak-Chin Pima Maricopa Tribes in Arizona and the land claims of the Passamaquoddy and Penobscot Tribes to their ancestral territories in the State of Maine. Both of these claims arose from federal court cases that involved lawsuits that had been fijiled in their respective federal courts but, for diffferent reasons, were found to be beyond the ability of the courts to reach a satisfactory resolution....

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Chapter 7. Senator Inouye Becomes Chairman of the Senate Committee on Indian Afffairs

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pp. 57-66

As I was assisting the board of directors to conclude our negotiations with the new owners of American Indian National Bank in 1987, I received a phone call from a woman on the staff of Senator Daniel Inouye, D-Hawaii, asking me if I would be willing to join him for a luncheon meeting. I was surprised, as I knew of the Senator but had never met him. However, I told her that I would be happy to accept his invitation, and we made an appointment for later that week to have lunch at the Monocle Restaurant. The Monocle is a well-known “watering hole” located just down the street from the Hart Senate Office Building,...

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Chapter 8. Developing an Economy in Indian Country

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pp. 67-84

Due to the federal trust status of the Indian reservation land base, private sector economic activities are extremely limited and constrained. Because these lands and natural resources—such as timber, minerals, and water rights—are trust property in which the legal title remains with the federal government, they cannot be used as collateral for bank loans and other credit arrangements. BIA offfijicials, who are assigned the duties of overseeing the use of trust properties, are authorized to agree that the “use rights” that go with a government-approved lease agreement can be legally assigned to a third party....

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Chapter 9. Senator Inouye Travels across Indian Country, 1987–1989

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pp. 85-90

After our very busy schedule in the 100th Congress, establishing a demonstration project in tribal self-governance compacting, bringing the Indian Gaming Act to the floor of the Senate for a vote, and negotiating the diffferent compromises that were needed, Patricia Zell and I felt that we needed a break from the pace that Senator Inouye had been working at since taking over as chairman of the Senate Committee on Indian Afffairs at the beginning of 1987. When the Senator hired me, I had assured him that Patricia and I could help him to learn all that he wanted to learn and to see all that he wanted...

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Chapter 10. The National Museum of the American Indian Act

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pp. 91-98

As Patricia and I entered the New Year, 1989, after our intense travel schedule and work together on the Indian Afffairs Committee, we felt like we just wanted to catch our breath. That was when we got a call from offfijicials at the Heye Foundation who administered the estate of George Gustav Heye. George Heye was a wealthy man who had become a collector of the art and artifacts of the Native peoples of the Americas. During the years 1920 through 1950, he traveled extensively across both North and South America, amassing a collection of over 800,000 pieces of art and artifacts. He purchased a large warehouse in the...

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Chapter 11. Creating the Native American Graves Protection and Repatriation Act

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pp. 99-102

The law authorizing the NMAI also contained provisions that created the prototype for repatriation of Indian bones and grave goods back from public museums. This began when we toured the flagship museum in the collection of museums and monuments located on the Washington Mall. The Washington Mall is the historic open space that spans a ten-block area between the Lincoln Memorial at one end and the U.S. Capitol Building at the other end. The Natural History Museum is approximately in the middle on the west side of this space, across the Mall from the Smithsonian’s famous castle-like building that...

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Chapter 12. Looking beyond Our Borders in the Twenty-First Century

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pp. 103-122

As we near the end of the second decade of the twenty-fijirst century, I am convinced that it is time to formulate a new framework for Indian policy that looks to the future. This twenty-fijirst-century framework should build upon the visionary ideas formulated by past tribal leaders, particularly those from the Northwest who successfully fought to overcome the termination of tribal rights in the 1950s. I believe that they followed a philosophical commitment to unity among themselves, and that this gave them the self-confijidence and power to persuade a succession of U.S. presidents, beginning with John F. Kennedy, to...

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Conclusion

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pp. 123-128

As I have engaged in the work of writing this book and reflecting back on my years of public service, there is one achievement that my friends and I were able to accomplish while we were working on the American Indian Policy Review Commission that stands out in my mind as a truly historic step forward. That singular achievement is the creation of a new and independent Committee on Indian Afffairs in the U.S. Senate in March of 1977.

As negotiated by Senator Jim Abourezk in the Senate Rules Committee, this new Committee on Indian Afffairs would exist on a par with other legislative...

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Appendix 1. A Tribute to Senator Daniel K. Inouye

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pp. 129-132

From the first days of my work with him, I have regarded Senator Inouye as one of my heroes. He was always a personable and delightful man to work with, and he sincerely embraced the cause of protecting Indian tribal rights. After only a few weeks following his appointment as chairman of the Senate Committee on Indian Afffairs in February 1987 and I had begun my service with him on the committee, I saw that he became so enthralled with the issues that came before the committee that his personal stafff, comprised of people who were from the State of Hawaii, were amazed. They knew that he had a very important assignment...

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Appendix 2. Legislative Steps on the Path to Sovereignty

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pp. 133-144

This law was folded into the Civil Rights Act of 1968 and authored by Senator Sam Ervin of North Carolina, who at that time was chairman of the Senate Judiciary Committee. At the recommendation of one of his stafff, Dr. Helen Schierbeck, a Lumbee Indian from North Carolina, Senator Ervin conducted a series of hearings in the Judiciary Committee and compiled testimony focused on the disarray in law enforcement across Indian Country due to inadequate tribal court systems. Senator Ervin became convinced that a set of standards needed to be provided for individuals who came before Indian tribal courts that would protect their...

Appendix 3. Chronology of the Life and Work of Alan Parker

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pp. 145-150

Notes

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pp. 151-154

Index

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pp. 155-161

Image Plates

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