Termination acts were passed dealing with particular tribes or groups of tribes because of special circumstances. They followed the basic termination policies, but sometimes had minor variations. In some cases, when termination was reversed, the government granted recognition, but no restoration of federal trust lands occurred. Some of those tribes, specifically in California, are still seeking restoration of reservation lands.
Menominee Termination Act The
Menominee tribe of
Wisconsin was one of the first tribes proposed for termination. Observers believed they did not need governmental services because of the value of their timber lands. On June 17, 1954, Congress passed the Menominee Termination Act, ending the special relationship between the
Menominee tribe of Wisconsin and the federal government. The tribe appealed to the
Supreme Court of the United States in 1968 in
Menominee Tribe v. United States. The legislation required each tribal member to choose between remaining a member of the tribe, or withdrawing and receiving a monetary payment for the value of the individual share of tribal land. Of the 2,133 members of the Klamath tribe at the time of termination, 1,660 decided to withdraw from the tribe and accept individual payments for land. A portion of the
Modoc Tribe, had been taken as prisoners to Indian Territory in 1873 following the Modoc War in Oregon. In 1965, as a part of the US settlement with the Klamath reservation, a series of hearings were held from April to August. The hearings concluded without allowing the
Oklahoma Modoc to be included in the rolls of the Klamath Tribe. Ironically, the western Modoc were restored to tribal status on May 15, 1978, in an Act which reinstated the Modoc, Wyandotte, Peoria and Ottawa Tribes of Oklahoma.
Western Oregon Indian Termination Act The Western Oregon Indian Termination Act, or Public Law 588, was passed in August 1954. It called for termination of federal supervision over the trust and restricted property of numerous Native American bands and small tribes, all located west of the
Cascade Mountains in Oregon. The act also called for disposition of federally owned property which had been bought for the administration of Indian affairs, and for termination of federal services which these Indians received under federal recognition. and the final roll of the
Confederated Tribes of Grand Ronde contained 862 names. The combined total of these two confederations' population was 1,791, though there may well have been scattered Native peoples in the coastal region who were not affiliated with these reservations. There were restoration acts that restored all of the bands who had tribe members that had been located on the Grand Ronde or Siletz Reservations. Some of these tribes were restored with those acts and later obtained their own federal recognition. • November 18, 1977:
Confederated Tribes of Siletz Indians were restored by federal statute, Public Law No. 95-195, 91 Stat. 1415 Records of the Bureau of Land Management confirm that upon restoration 4,250.68 acres of land were re-established in the federal trust. • December 29, 1982:
Cow Creek Band of Umpqua Tribe of Indians were restored by federal statute, Public Law 97-391 96 Stat. 1960 Any tribal members who wished to remain members of the
Confederated Tribes of the Grand Ronde Community were allowed to do that. • November 22, 1983:
Confederated Tribes of the Grand Ronde Community were restored by federal statute. Public Law No. 98-165, 97 Stat. 1064 Upon restoration 10,678.36 acres of land were placed back into trust by the Bureau of Land management. though they had been restored as part of the
Confederated Tribes of Siletz Indians in 1977. 130.50 acres were placed into the Bureau of Land Management's trust upon tribal restoration. though they had been restored as part of the
Confederated Tribes of Siletz Indians in 1977. The Bureau of Land Management placed 6,481.95 acres of land into trust for the tribe upon restoration. On March 22, 1983, Texas Attorney General Jim Mattox released an opinion (JM-17) stating that the state's assumption of power over the property of the Alabama-Coushatta was a violation of the Texas Constitution. He stated that as the federal government had withdrawn its recognition that the tribe was "merely an unincorporated association under Texas law, with the same legal status as other private associations ... the 3,071-acre tract is entirely free from any legally meaningful designation as an 'Indian Reservation. In response to concerns by the tribe, Representative
Ronald D. Coleman of Texas introduced a federal bill on February 28, 1985, to restore federal jurisdiction for the tribe. Because the initial bill HR 1344 allowed gambling, amendments were made and the
Yselta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act was reintroduced as HR 318. Public Law 100-89, 101 STAT. 666 was enacted 18 August 1987 and restored the federal relationship with the tribe. Section 107 specifically prohibits all gaming activities prohibited by the laws of the state of Texas.
Ute Indians of Utah On August 27, 1954, the US Congress passed Public Law 671 Chapter ch. 1009 68 Stat. 868 to partition the
Ute Indian Tribe of the Uintah and Ouray Reservation in Utah between the mixed-blood and full-blood members. The Act provided for termination of federal supervision over the mixed-blood property. In addition, it created a development program to assist the full-blood members to prepare for federal termination. Anyone with less than half Ute blood was automatically classified as part of the mixed-blood group. Anyone with more than half Ute blood quantum was allowed to choose which group they wished to be part of going forward. Under the Act, the mixed-bloods elected their own tribal council, the Affiliated Ute Citizens (AUC), which in turn created the Ute Distribution Corporation (UDC) to manage their oil, gas, and mineral rights and unliquidated claims against the federal government as part of the plan for distributing assets to individual mixed-bloods. The UDC issued stock shares to mixed-bloods and which could be redeemed through the First Security Bank of Utah. Mixed-bloods who wanted to dispose of their stock prior to August 27, 1964, had to give first-refusal rights to tribe members. In November 2002, mixed-bloods whose citizenship in the tribe had been terminated filed a civil action in the Washington DC US District Court,
Felter vs. Kempthorne, to repeal the Ute Partition Act. On 27 January 2006, the case was dismissed and an appeal was filed. In a decision dated January 19, 2007, the US Court of Appeals for the District of Columbia ordered the remand to the district court for further review.
Paiute Indian Tribe of Utah On September 1, 1954, the US Congress passed
Termination of Federal Supervision over Paiute Indians of Utah U.S. Code, Title 25, Sections 741–60. The legislation at §742 specified that the included bands were the Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of the Paiute Indian Tribe (omitting the Cedar Band). As with other termination agreements, the Act provided for termination of federal trusts and distribution of tribal lands to individuals or a tribally organized entity. It had provisions to preserve the tribal water rights and a special education program to assist tribal members in learning how to earn a living, conduct affairs, and assume their responsibilities as citizens. The Bureau of Land management terminated tribal trusts on March 1, 1957, On April 3, 1980, Congress passed the Paiute Indian Tribe of Utah Restoration Act, Public Law 96-227 94 Stat. 317, which restored the federal trust relationship of the Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of the Paiute Indian Tribe and restored and reaffirmed that the Cedar Band was part of the Tribe. The law acknowledged that the Kanosh, Koosharem, and Indian Peaks Bands had lost their lands as a result of termination and that the Cedar Band had never had any. It proposed to develop within two years of enactment a plan to secure reservation land for the tribe not to exceed 15,000 acres. The Bureau of Land management reinstituted the federal trust on 43,576.99 concurrent with the enactment of the statute. the
Peoria Tribe of Indians of Oklahoma; and the
Wyandotte Tribe of Oklahoma. and Public Law 751 [H. R. 11163] 70 Stat. 595 which amended the description of the property. After years of attempting to have their status reaffirmed, the Bureau of Indian Affairs "citing oversights in official records", recognized the tribe on December 29, 2000. Like the Koi Nation, this may have been a recording error, as the tribe is a federally recognized entity. Before the land could be distributed, the act called for a government survey of land on the rancheria. The government was required to improve or construct all roads serving the rancheria, to install or rehabilitate irrigation, sanitation, and domestic water systems, and to exchange land held in trust for the rancheria. All Indians who received a portion of the assets were ineligible to receive any more federal services rendered to them based on their status as Indians. In 1964, an amendment to the California Rancheria Termination Act () was enacted, terminating additional rancheria lands. Overall, then, there were three rancherias terminated prior to Public Law 85-671, 41 mentioned in Public Law 85-671, an additional 7 included in the amendment of 1964 and 5 that were never terminated but were listed, correcting the number of California Rancherias terminated from the oft-cited 41 to 46 total terminations. Many tribes expressed dissatisfaction with termination immediately. Federal failures to live up to promised improvements and educational opportunities that were supposed to be part of an agreement to accept termination led eventually to lawsuits calling to reverse terminations. The first successful challenge was for the
Robinson Rancheria on March 22, 1977, and it was followed by 5 others: the
Hopland Rancheria was restored on March 29, 1978; the
Upper Lake Rancheria was restored on May 15, 1979; the
Table Bluff Rancheria was restored on September 21, 1981; the
Big Sandy Rancheria was restored on March 28, 1983; and the
Table Mountain Rancheria was restored in June 1983. Each of these decisions only pertained to one reservation. The success of these suits and frustration with unmet promises caused
Tillie Hardwick in 1979 to consult with California Indian Legal Services, who decided to make a class action case. On July 19, 1983, a U.S. District Court in
Tillie Hardwick, et al. v. United States of America, et al. Case #C-79-1710-SW ordered federal recognition of 17 of California's Rancherias. The Hardwick decision restored more terminated tribes than any other single case in California and prompted the majority of the terminated Rancherias to pursue federal restoration. Of the 46 terminated Rancherias, 31 have been restored; 6 Rancherias are still attempting to restore their federal status.
Catawba Indian Tribe of South Carolina Termination Act On September 21, 1959, Congress passed Public Law No. 86-322, 73 Stat. 592 calling for the termination of the
Catawba Indian Tribe of South Carolina. The Bureau of Land Management terminated their trust status on July 2, 1960. On October 27, 1993, the US Congress enacted Public Law No. 103-116, 107 Stat. 1118, to restore the tribal relationship with the federal government and resolve the land disputes.
Ponca Tribe of Nebraska On September 5, 1962, Public Law 87–629 76 Stat. 429 was passed terminating the
Ponca Tribe of Nebraska. Conditions were similar to other termination agreements, but each tribal member was allotted up to 5 acres of tribal land for personal use as a homesite and the remaining lands were ordered to be sold. One special provision concerned retaining mineral rights to the property by individuals owning at least 25% in the land. The Bureau of Land Management confirmed that the federal trust was terminated on October 27, 1966. in 1986–87 and began lobbying the state of Nebraska for recognition. In 1988 the state recognized the tribe and agreed to endorse them for federal restoration. On October 31, 1990, the Ponca Restoration Act was passed by Congress and signed by President George H.W. Bush. Concurrent with their restoration, the Bureau of Land Management restored the tribal trust lands of 241.84 acres. == Alaska Natives ==