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Indian Reorganization Act

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Indian Reorganization Act

The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian New Deal".

The Act also restored to Indians the management of their assets—land and mineral rights—and included provisions intended to create a sound economic foundation for the residents of Indian reservations. Total U.S. spending on Indians averaged $38 million a year in the late 1920s, dropping to an all-time low of $23 million in 1933, and reaching $38 million in 1940.

The IRA was the most significant initiative of John Collier, who was President Franklin D. Roosevelt's Commissioner of the Bureau of Indian Affairs (BIA) from 1933 to 1945. He had long studied Indian issues and worked for change since the 1920s, particularly with the American Indian Defense Association. He intended to reverse the assimilationist policies that had resulted in considerable damage to American Indian cultures and to provide a means for American Indians to re-establish sovereignty and self-government, reduce the losses of reservation lands, and build economic self-sufficiency. He believed that Indian traditional culture was superior to that of modern America and thought it worthy of emulation. His proposals were highly controversial, as numerous powerful interests had profited from the sale and management of Native lands. Congress revised Collier's proposals and preserved oversight of tribes and reservations by the Bureau of Indian Affairs within the Department of Interior. Felix S. Cohen, an official at the Department of the Interior Solicitor's Office, was another significant architect of the Indian New Deal who helped draft the 1934 act.

The self-government provisions would automatically go into effect for a tribe unless a clear majority of the eligible Indians voted it down.

The process of allotment started with the General Allotment Act of 1887. By 1934, two-thirds of Indian land had converted to traditional private ownership (i.e., it was owned in fee simple). Most of that had been sold by Indian allottees, often because they could not pay local taxes on the lands they were newly responsible for. The IRA provided a mechanism for the recovery of land that had been previously sold, including land that had been sold to tribal Indians. They would lose individual property under the law.

John Collier was appointed Commissioner of the Indian Bureau (it is now called the Bureau of Indian Affairs, BIA) in April 1933 by President Franklin Delano Roosevelt. He had the full support of his boss, Secretary of the Interior Harold L. Ickes, who was also an expert on Indian issues.

The federal government held land in trust for many tribes. Numerous claims cases had been presented to Congress because of failures in the government's management of such lands. There were particular grievances and claims due to the government's failure to provide for sustainable forestry. The Indian Claims Act of 1946 included a requirement that the Interior Department manage Indian forest resources "on the principle of sustained-yield management." Representative Edgar Howard of Nebraska, co-sponsor of the Act and Chairman of the House Committee on Indian Affairs, explained that the purpose of the provision was "to assure a proper and permanent management of the Indian Forest" under modern sustained-yield methods to "assure that the Indian forests will be permanently productive and will yield continuous revenues to the tribes."

The act slowed the practice of allotting communal tribal lands to individual tribal members. It did not restore to Indians land that had already been patented to individuals. However, much land at that time was still unallotted or allotted to an individual but still held in trust for that individual by the U.S. government. Because the Act did not disturb existing private ownership of Indian reservation lands, it left reservations as a checkerboard of tribal or individual trust and fee land, which remains the case today.

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