INTRODUCTION TO FEDERAL INDIAN REGULATORY POLICY & HISTORY To best understand the present housing regulatory obstacles impeding Pueblo TDHEs ability to supply and maintain housing units for tribal members. It is imperative to understand the evolution of the federal Indian policy and the shifting government to government relationship between the United States and Indian Country. The following section will provide a brief historical outlook of the 7 eras of federal Indian policy. Traditionally in the study of Indian law, scholars break down the evolution of federal Indian policy in a chronological order based on thematic patterns that encompass the zeitgeist of an era, such as assimilation or relocation. In this section I reference NYU professor of Indian law, Stephen L. Pevar’s The Rights of Indians and Tribes (2012) division of eras as a starting basis to my overview of the evolution of federal Indian policy.
TRIBAL INDEPENDENCE (1492 - 1770S) The Tribal Independence spanning between 1492 - 1770. This era begins at the arrival of Christopher Columbus and the Spanish, in addition to the arrival of the early Dutch, British, and French settlers. During this period Indians maintained full independence and international sovereignty. Early settlers depended on Indian nations for trade and knowledge of land and agriculture to establish colonies. Early settler and Indian interaction were often costly for Indians, who often fell victim to new diseases brought over by Europeans.50 Additionally the growth of settler colonies and their mission to acquire land and promote Christianity increasingly grew which threatened the well-being of Indian tribes.51
SOVEREIGN NATION INDEPENDENCE ERA (1770S - 1830S) The era Sovereign Nation Independence Era spanned between 1770 - 1830s. During the period the United States of America was officially formed July 4, 1776 following the signage of the Declaration of Independence.52 According to Pevar, Indian tribes still posed a military threat to the newly United States of America, thus treaties with Indian tribes were sought by the US government to encourage peace.53 The United States would eventually seek to establish itself as the dominant power entity amongst the Indians as time unfolded and the military strength of the United States grew. In 1819, the US Congress passed the Civilization Fund Act, which allocated $10,000 amongst missionaries and philanthropists to educate Indians on American governance and Christianity. The intent of the program was to persuade Indian leaders to create a tribal government that can obtain direction from the federal government.54 Although the Civilization Fund Act was generally unsuccessful, it put forth the ideology that the federal government of the United States should manage all Indian tribes. 50 Pevar, Stephen. (2012). The Rights of Indians and Tribes. New York, NY [etc.: Oxford University Press. 51 Ibid. Wolfe, Patrick. (2006) 52 USAGov. (2020). History and Historical Documents. Retrieved from https://www.usa.gov/history 53 Ibid. Pevar, Stephen. (2012) 54 Nichols, David. (2016). Civilization versus Commerce. In Engines of Diplomacy: Indian Trading Factories and the Negotiation of American Empire (pp. 151-172). Chapel Hill: University of North Carolina Press. Retrieved from www.jstor.org/ stable/10.5149/9781469626901_nichols.13
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