Indian Reorganization Act in Minnesota

In 1934, the US Bureau of Indian Affairs set up a new organizational model to transform Native American tribal governments. The articulation of that model, the Indian Reorganization Act, influenced the governance systems of Native people, including Minnesota’s Ojibwe and Dakota. They now work to customize the government forms imposed upon them.

In the 1930s, Bureau of Indian Affairs (BIA) Commissioner John Collier sought to overturn federal policies that had led to tribal land losses—particularly the Dawes Act of 1887. The resulting Indian Reorganization Act of 1934 (IRA) ended land allotment, prohibited non-consensual land seizure, recognized tribal governments, encouraged the writing of tribal constitutions, and empowered Native people to manage their own resources.

The Ojibwe and Dakota in Minnesota stood to benefit from Collier's reforms. Like many tribes, they were struggling to make a living off their lands. They also wanted to govern themselves, and many rejected assimilation into white society.

Although Congress interfered with Collier’s plans, enough of the original bill survived to give tribes a start. Between 1934 and 1945, Native American nations across the United States voted to decide whether to restructure their governments according to the IRA. Ninety-two tribes accepted the model, and seventy-two rejected it.

In Minnesota, the Red Lake Nation of Ojibwe walked away from most of the IRA. Their constitution dated to 1918; their governance included hereditary chiefs, while their lands were owned communally. They did find one part of the law useful: the guarantee of more power to manage their own land.

The five remaining Ojibwe bands in Minnesota—White Earth, Leech Lake, Bois Forte (or Nett Lake), Grand Portage, and Fond du Lac—voted as well. Out of 6,351 individuals, 1,966 voters accepted and 346 rejected the IRA. Each of these, together with the Mille Lacs band, joined together as the Minnesota Chippewa Tribe on June 18, 1934, and later voted to accept one IRA constitution.

In 2018, the Minnesota Chippewa Tribe focuses as a governing body on three issues: land trusts (lands with special protections on taxation and development); elections within bands; and citizenship rules. The Ojibwe communities of Sandy Lake, Lake Lena, Isle Royale, and East Lake joined the Mille Lacs Band due to a BIA decision. Each of the six bands wrote its own constitution.

Minnesota’s Dakota communities also reorganized under the IRA. Lower Sioux and Prairie Island voted for constitutions in 1936 and for business charters in 1937. Upper Sioux formed as a community in 1938, created a board of trustees in 1942, and wrote a constitution in 1995. The Shakopee Mdewakanton officially formed an IRA government in 1969.

The original standardized IRA constitutions centralized power in the Tribal Councils or a similar governing body; different branches of government did not double-check their decisions and courses of action. The templates also failed to accommodate traditional leadership structures and other community lifeways. Some of these features evolved. For example, in 1981 the Mille Lacs Band of Ojibwe incorporated a separation of powers, forming executive, legislative and judicial branches.

Tribal governments could qualify for business loans under the IRA. They also had a say in renting out their land to companies who wanted to take natural resources, which led to economic development. The late Amos Owen, a former chairperson of the Mdewakanton Dakota at Prairie Island, pointed out in 1970 that some families accessed loans for farming through the IRA’s revolving credit fund. He admitted, however, that the community faced difficulties with buying back land. Albert Prescott, chairperson of Lower Sioux, said in 1979 that the federal government still made the “real decisions.”

In general, tribes had little choice but to fall in line with what the BIA allowed. It regularly reviewed constitutions and approved business dealings. Still, Native American nations were able to purchase more land with BIA go-ahead. By the end of 1936, tribes in Minnesota held about 16,000 more acres of land than they had owned before the IRA.

Native Americans and scholars debate the impacts of the IRA today. Some say the IRA was the beginning of modern tribal governments; others argue that it isolated Native American nations as “problems” and discouraged their independent, creative thought.