Restoring Sovereignty: Insights from the Federal Indian Boarding School Initiative Vol. II on Why Tribal Control is Essential for a Path Forward

The release of the Federal Indian Boarding School Initiative Investigative Report Vol. II has provided a profound insight into the extensive and damaging effects of the Federal Indian boarding school system on Indigenous communities across the United States. This report documents the historical injustices inflicted upon American Indian, Alaska Native, and Native Hawaiian children, highlighting the urgent need for reform. Based on these findings, there is a compelling argument for closing Bureau of Indian Education (BIE) schools and transferring educational and administrative control to the tribes themselves. By empowering tribes to manage their educational systems and governance, we can honor tribal sovereignty, promote cultural revitalization, and rectify historical wrongs. This discussion explores the key insights from the report and argues for a future where Native empowerment is at the forefront of policy decisions.

Historical Context and Current Realities

The history of federal involvement in Native American education and governance has been marked by a series of policies aimed at forced assimilation, cultural erasure, and territorial dispossession. The Federal Indian boarding school system, along with other institutions under the purview of the BIE and Bureau of Indian Affairs (BIA), historically served as tools to implement these assimilationist policies. As the United States reckons with this past, it is imperative to acknowledge that the most effective way to empower Native American communities and rectify historical wrongs is through the restoration of tribal sovereignty and self-determination. Returning educational and administrative authorities to the tribes aligns with the conservative principle of reducing federal overreach and empowering local governance.

Failure of Federal Oversight

The history of federal oversight in Indian affairs is one of inefficiency, mismanagement, and cultural insensitivity. Despite significant financial appropriations, the quality of education and services provided by BIE schools has consistently lagged behind national standards. This failure is evidenced by poor educational outcomes, inadequate infrastructure, and a lack of culturally relevant curriculum. Closing BIE schools and allowing tribes to manage their educational systems would enable tribes to develop curricula that are not only academically rigorous but also culturally affirming, reflecting the values and traditions of their communities.

Similarly, the BIA’s history of bureaucratic inefficiency and paternalism has often hindered rather than helped tribal progress. By decentralizing authority and returning control to tribal governments, tribes would be free to create and implement policies tailored to their unique needs, fostering innovation and improving outcomes in areas such as economic development, healthcare, and natural resource management.

Empowerment Through Self-Governance

Sovereignty-affirming principles emphasize the importance of self-governance and the belief that local communities are best positioned to decide their future. For Native American tribes, self-governance is not only a matter of efficiency but also of justice and respect for their inherent sovereignty. Tribal control over education and administrative functions would empower tribes to set our priorities, allocate resources effectively, and hold our own institutions accountable.

Empowering tribes in this way also promotes individual responsibility and community engagement. Tribal citizens would have a direct role in shaping the policies and programs that affect their lives, fostering a sense of ownership and accountability often absent in federally administered systems.

Legal and Moral Imperative

The United States has a legal and moral obligation to uphold the treaties and agreements made with tribal nations. These treaties often include provisions for education and self-governance, which have been undermined by federal control. Returning authority to the tribes would honor these commitments, reinforce tribal sovereignty, and recognize the tribes as equal partners in governance.

Moreover, the commitment to limited federal government and Indian self-determination provides a strong rationale for dismantling federally controlled systems that have historically oppressed and marginalized Native peoples. By supporting tribal sovereignty and autonomy, tribal governments and tribal councils can demonstrate a commitment to justice, fairness, and the original intent of American governance, which values the rights and freedoms of all their citizens.

Path to Empowerment: Transitioning from Federal Control

The closure of BIE schools and BIA offices, and the return of their authorities to the tribes, represents a necessary step toward rectifying historical injustices and promoting the principles of sovereignty, self-governance, and local empowerment. It aligns with conservative values of limited government, efficiency, and respect for individual and community rights. By trusting tribes to manage their affairs, we can foster an environment of innovation, accountability, and cultural revitalization, ensuring a brighter future for Native American communities.

To transition effectively from federal control to tribal self-governance, it is essential to engage in comprehensive consultation and collaboration with all federally recognized tribes. This involves initiating dialogues to understand our needs, concerns, and visions for self-governance. The process must be collaborative, respecting the sovereignty of each tribe and ensuring that their voices are central to the decision-making process. Establishing a Tribal Advisory Council composed of representatives from various tribes will guide the transition, ensuring diverse perspectives and needs are addressed.

Developing a transition plan is crucial, starting with a thorough assessment of the BIA’s current functions, programs, and resources to determine what needs to be transitioned to tribal control. A phased closure of the BIA should be implemented, allowing tribes time to build the capacity and infrastructure needed to manage their affairs. This phased approach could involve transferring responsibilities over several years to ensure a smooth transition, with financial and technical resources currently managed by the BIA allocated directly to tribes to support the development of their governance structures.

Strengthening tribal sovereignty and capacity involves providing training and resources to help tribes develop the necessary administrative, legal, and financial capacities to manage our affairs effectively. Supporting tribes in establishing legal and policy frameworks to govern themselves independently is also crucial. This may include drafting new tribal laws and policies that reflect their unique cultural and societal needs.

Transferring programs and responsibilities includes redirecting funding that would have gone to the BIA directly to tribes, allowing them to manage their programs and services in areas such as education and economic development. Assisting tribes in taking over the management of programs and services currently run by the BIA, with support and guidance during the transition, is also essential.

Establishing new oversight and support mechanisms involves creating a new, smaller federal office focused on supporting tribal self-governance and ensuring compliance with treaties and agreements, without direct management of tribal affairs. Encouraging and facilitating inter-tribal collaboration and the sharing of best practices, resources, and support networks will strengthen tribal governance.

Monitoring and evaluating the transition is critical, as well as establishing mechanisms for ongoing evaluation and feedback from tribes to ensure the transition meets their needs and makes necessary adjustments. Implementing accountability measures will ensure that both the federal government and tribes fulfill their commitments during and after the transition.

Finally, public communication and education are vital. Launching public awareness campaigns to educate the broader public about the reasons for closing the BIA and the benefits of enhancing tribal sovereignty will provide the necessary historical context. Providing information on the historical role of the BIA and the importance of transitioning to a model that respects and empowers tribal nations will further support this initiative.

Agreeing with Assistant Secretary Bryan Newland’s Recommendations – And Taking a Step Further

If we agree with Assistant Secretary Bryan Newland’s 8 recommendations as outlined in the Federal Indian Boarding School Initiative Investigative Report Vol. II, and wish to see further action toward healing from generational trauma, we must consider a more radical restructuring of the current systems of governance and support for Native American communities. This includes:

Returning Authority to Tribes

Tribal Sovereignty: Closing the BIA would empower tribes to exercise full sovereignty over their affairs, fostering self-determination and allowing them to design policies that best suit their communities.

Direct Funding: Redirect funding from the BIA directly to tribes, enabling them to manage resources and programs effectively, and develop infrastructure and services tailored to their needs.

Strengthening Tribal Governance and Capacity

Capacity Building: Invest in training and resources to enhance tribal governance capabilities, ensuring that tribes have the tools and expertise to manage their affairs independently.

Legal and Policy Support: Assist tribes in establishing robust legal and policy frameworks that reflect their unique cultural and societal values.

Creating New Support Structures

Office of Tribal Empowerment: Establish a new federal office focused solely on supporting tribal self-governance and ensuring treaty obligations are met, without direct intervention in tribal affairs.

Inter-Tribal Collaboration: Encourage collaboration among tribes to share resources, best practices, and support networks, strengthening collective governance and development.

Promoting Healing and Reconciliation

Cultural Revitalization: Support initiatives that promote revitalizing Native languages, traditions, and cultural practices as essential components of healing.

Holistic Healing Programs: Develop community-driven healing programs that address historical trauma and promote physical, mental, and emotional well-being.

By agreeing with and building upon Newland’s recommendations, we can move beyond acknowledgment and begin the process of genuine healing and empowerment for Native American communities. Returning authority to the tribes is a crucial step in this journey, enabling tribes to reclaim their sovereignty, restore their cultural heritage, and chart a new path forward. This approach addresses historical injustices and aligns with principles of self-determination, local governance, and respect for the rights and dignity of Native peoples.