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Wheeler-Howard Act

Indian Reorganization Act
Great Seal of the United States
Other short titles
  • Indian New Deal
  • Indian Reorganization Act of 1934
Long title An Act to conserve and develop Indian lands and resources; to extend to Indians the right to form business and, other organizations; to establish a credit system for Indians; to grant certain rights of home rule to Indians; to provide for vocational education for Indians; and for other purposes.
Nicknames Wheeler-Howard Act
Enacted by the 73rd United States Congress
Effective June 18, 1934
Citations
Public law 73-383
Statutes at Large 48 Stat. 984
Codification
Titles amended 25 U.S.C.: Indians
U.S.C. sections created 25 U.S.C. ch. 14, subch. V § 461 et seq.
Legislative history
  • Introduced in the Senate as S. 3645 by Burton K. Wheeler (D-MT) on May 22, 1934
  • Passed the Senate on June 12, 1934 (passed)
  • Passed the House on June 15, 1934 (284-101)
  • Reported by the joint conference committee on June 15, 1934; agreed to by the Senate on June 16, 1934 (agreed) and by the House on June 16, 1934 (agreed)
  • Signed into law by President Franklin D. Roosevelt on June 18, 1934

The Indian Reorganization Act of June 18, 1934, or the Wheeler-Howard Act, was U.S. federal legislation that dealt with the status of Native Americans (known in law as American Indians or Indians). It was the centerpiece of what has been often called the "Indian New Deal". The major goal was to reverse the traditional goal of assimilation of Indians into American society, and to strengthen, encourage and perpetuate the tribes and their historic traditions and culture.

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 inhabitants of Indian reservations. The law did not apply to Hawaii; Alaska and Oklahoma was added under another law in 1936. (Native American tribes in Oklahoma had their land allotted and land title extinguished, so did not have any reservations left.) The census counted 332,000 Indians in 1930 and 334,000 in 1940, including those on and off reservations in the 48 states. Total 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 Native American cultures, and to provide a means for American Indians to re-establish sovereignty and self-government, to reduce the losses of reservation lands, and to 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 considered 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.

The self-government provisions would automatically go into effect for a tribe unless a clear majority of the eligible Indians voted it down. When approved, a tribe would adopt a variation of the model constitution drafted by BIA lawyers. Of the tribes that voted on the IRA, 174 voted yes and 78 rejected it.


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