Statement on Signing the Indian Self-Determination and Education Assistance Act Amendments of 1988 - October 5, 1988

Aug 26, 2026

Ronald Reagan’s remarks on October 5, 1988 accompany the approval of H.R. 1223, the “Indian Self-Determination and Education Assistance Act Amendments of 1988.” The statement explains that the amendments support transferring program development and operations from the Federal Government to Indian tribes, strengthening tribal self-governance and enabling programs tailored to tribal members’ needs. It also addresses constitutional concerns about sections 205, 305, and their severability and advisory or nonbinding interpretation, including consultation requirements and reporting on the Tribal Self-Governance Project.

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Statement on Signing the Indian Self-Determination and Education Assistance Act Amendments of 1988

Approval of H.R. 1223 and purpose

Constitutional analysis of section 205

Advisory interpretation of reporting recommendations

Section 305 semiannual reporting and consultation

I know that I’m keeping you from yourdinner,but you’ve just got to humor me onone more thing.I have a new hobby,and Iimpose it on people like you.I'm collectingjokes that I find are invented by the peopleof the Soviet Union.They make them upand tell them between themselves.I onlycollect the ones I can prove are their storiesthat they tell.And I brought one home onthe last summit there—from Moscow. The story was to the effect that I was inGorbachev's limousine with him.And thechief of my Secret Service unit was withme,and his head security man was withhim.And we were sightseeing.And as thestory goes,we came to a waterfall.We allgot out to look at the waterfall,and Gorba-chev said to my Secret Service man,"Jump.Go over the fall.”And my man said,"I gota wife and three kids."So,he turned to hisown man.He said,"You,jump.Go over thefall.”And he jumped.My man scrambleddown the rocks around to the base of thefalls there,wanted to see if he could be ofany help,and he found the guy was allright.He was wringing out his shirt.And hesaid,"When he told you to jump,why didyou jump?”He said,"I got a wife and threekids.”[Laughter] Thank you again,all of you,for whatyou're doing.God bless you all. Note:The President spoke at 6:20 p.m.inthe Grand Ballroom at the J.W.MarriottHotel.In his remarks,the President referredto Governors Michael N.Castle of Dela-ware,Terry E.Branstad of Iowa,James R.Thompson of Illinois,Thomas H.Kean ofNew Jersey,Edward DiPrete of RhodeIsland,and John D.Ashcroft of Missouri. ## Statement on Signing the IndianSelf-Determination and EducationAssistance Act Amendments of 1988October 5,1988 Today I have approved H.R.1223,the"Indian Self-Determination and EducationAssistance Act Amendments of 1988."ThisAct will assist in furthering Administrationefforts to transfer the development and op-eration of programs from the Federal Gov- ernment to Indian tribes.Tribal self-govern-ance allows tribes more freedom to designprograms to serve the specific needs oftheir members. A provision in section 205 of the Actstates that the Secretaries of the Interiorand Health and Human Services shallreduce funding to Indian tribes if so direct-ed by a statement from a Member of Con-gress that accompanies a conference report.Because this provision purports to authorizea process altering the legal duties of Execu-tive branch officials,without participationby both Houses of Congress and the Presi-dent,it does not conform to the require-ments for presentment and bicameralismarticulated in the Constitution and enunci-ated by the Supreme Court in INS vChadha,462 U.S.919.I want to stress,how-ever,that this unconstitutional provision isseverable from and does not affect the oth-erwise constitutional provisions of this Act. Section 205 of the Act also purports torequire the Secretary of the Interior totransmit to the Congress a report with legis-lative recommendations on the use of fundsallocated to Indian tribes and their mem-bers.Because the Constitution grants thePresident authority to recommend suchmeasures as he shall judge necessary andexpedient,this provision must be construedas advisory rather than mandatory. Section 305 of the Act requires the Secre-tary of the Interior to submit to the Con-gress a semiannual report for 5 years on therelative costs and benefits of the new TribalSelf-Governance Project.The report is to bebased on “baseline measurements”jointlydeveloped by the Secretary and participat-ing tribes.While the Congress can establishconstitutional offices to assist the President,the obligation to faithfully execute the lawscannot be shared with "participatingtribes."Accordingly,this provision must beconstrued as a nonbinding request that theSecretary consult with the tribes in devel-oping the relevant measurements. ## Ronald Reagan The White House,October 5,1988. # Note:H.R.1223,approved October 5,wasassigned Public Law No.100-472.

FAQs

What does the H.R. 1223 amendments aim to do?

The amendments are designed to assist efforts to transfer the development and operation of programs from the Federal Government to Indian tribes, supporting tribal self-governance and programs tailored to members’ needs.

Why does the statement raise constitutional concerns about section 205?

It is described as purporting to authorize a process that alters legal duties of Executive branch officials without participation by both Houses of Congress and the President, which the statement says does not conform to constitutional requirements and Supreme Court reasoning in INS v. Chadha.

How are sections 205 and 305 interpreted regarding legal obligation?

Section 205 is treated as severable and not affecting the rest of the act’s constitutional provisions, and its reporting-recipient language is construed as advisory rather than mandatory; section 305’s requirements are construed as a nonbinding request for consultation with participating tribes while developing baseline measurements.

Aug 26, 2026

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