The Indian Reorganization Act of 1934 (IRA) was part of the New Deal. This Act was the brainchild of John Collier, Commissioner of Indian Affairs, and is also known as the Wheeler-Howard Act for the two US senators who sponsored it. The legislation was based on some consultation with Indian congresses across the nation, though not all their requests made it into the final act--neither did all of John Collier's original provisions. Still, it demonstrated a greater concern for American Indians on behalf of the US government than has been demonstrated in the seven intervening decades. It also addressed many of the major flaws in US Indian policy. However, like other reform movements directed toward American Indians, some of the long-term results were not as beneficial as expected.
Issues addressed by the Indian Reorganization Act
The IRA addressed two major problems in American Indian policy: loss of reservation land and inadequate policies for Indian self-government.
Regarding the land issues, The Dawes Act of 1887 divided American Indian reservations into individual allotments with the surplus land available for sale to non-Indians. As allotees gained ownership of their property at the end of the 25-year trust period stipulated in the Dawes Act, allotees were being pressured to sell their property to non-Indians.
Regarding self-government, the Marshall Trilogy had established American Indian tribes as dependent, but sovereign nations. However, the reservation system, assimilation policies, and a series of court decisions had eroded traditional governing bodies and social structures, creating a vacuum that was filled by "progressive" Indian police forces and judges chosen and directed by Indian agents.
Main Provisions of the Indian Reorganization Act
There were four main provisions of the Indian Reorganization Act:
- It returned some surplus land remaining after allotment to reservations.
- It ended the allotment system and required Interior Department approval for the sale or transfer of lands, continuing the trust system indefinitely.
- The secretary of the Interior could issue a charter of incorporation to a tribe, thus allowing tribal governments to engage in numerous financial functions like borrowing and lending, purchasing or transferring property.
- Tribes could draft constitutions and form local self-governments subject to approval from the Secretary of the Interior.
John Collier's proposal had included funds to buy up non-Indian owned lands within reservation boundaries to consolidate and end checker boarding, but this did not make it into the final Act. The American Indian congresses had also called for a special Court of Indian Claims to adjudicate Indian land claims outside of the Supreme Court. This also did not make it in.
Indian Reorganization Act covers the short and long-term effects of the IRA
