|Also known as:
Domestic Dependent Nation
|Category||Autonomous administrative divisions|
|Location||United States of America|
|Created||1658 (Powhatan Tribes)|
|Number||326 (map includes the 310 as of May 1996)|
|Populations||123 (several) - 173,667 (Navajo Nation)|
|Areas||ranging from the 1.32-acre (0.534 hectares) Pit River Tribe's cemetery in California to the 16 million-acre (64 750 square kilometers) Navajo Nation Reservation located in Arizona, New Mexico, and Utah|
of the United States
An Indian reservation is a legal designation for an area of land managed by a Native American tribe under the US Bureau of Indian Affairs, rather than the state governments of the United States in which they are physically located. Each of the 326 Indian reservations in the United States are associated with a particular Nation. Not all of the country's 567 recognized tribes have a reservation—some tribes have more than one reservation, some share reservations, while others have none. In addition, because of past land allotments, leading to some sales to non-Native Americans, some reservations are severely fragmented, with each piece of tribal, individual, and privately held land being a separate enclave. This jumble of private and public real estate creates significant administrative, political, and legal difficulties.
The collective geographical area of all reservations is 56,200,000 acres (22,700,000 ha; 87,800 sq mi; 227,000 km2), approximately the size of Idaho. While most reservations are small compared to US states, there are 12 Indian reservations larger than the state of Rhode Island. The largest reservation, the Navajo Nation Reservation, is similar in size to West Virginia. Reservations are unevenly distributed throughout the country; the majority are west of the Mississippi River and occupy lands that were first reserved by treaty or 'granted' from the public domain.
Because tribes possess tribal sovereignty, even though it is limited, laws on tribal lands vary from the surrounding area. These laws can permit legal casinos on reservations, for example, which attract tourists. The tribal council, not the local or federal government, generally has jurisdiction over reservations. Different reservations have different systems of government, which may or may not replicate the forms of government found outside the reservation. Most Native American reservations were established by the federal government; a limited number, mainly in the East, owe their origin to state recognition.
The name "reservation" comes from the conception of the Native American tribes as independent sovereigns at the time the U.S. Constitution was ratified. Thus, the early peace treaties (often signed under duress) in which Native American tribes surrendered large portions of land to the U.S. also designated parcels which the tribes, as sovereigns, "reserved" to themselves, and those parcels came to be called "reservations." The term remained in use even after the federal government began to forcibly relocate tribes to parcels of land to which they had no historical connection.
A majority of Native Americans and Alaska Natives live somewhere other than the reservations, often in big western cities such as Phoenix and Los Angeles. In 2012, there were over 2.5 million Native Americans with about 1 million living on reservations.
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From the beginning of the European colonization of the Americas, Europeans often removed native peoples from lands they wished to occupy. The means varied, including voluntary moves based on mutual agreement, treaties made under considerable duress, forceful ejection, and violence. The removal caused many problems such as tribes losing means of livelihood by being subjected to a defined area, farmers having inadmissible land for agriculture, and hostility between tribes.
In 1764 the “Plan for the Future Management of Indian Affairs” was proposed by the Board of Trade. Although never adopted formally, the plan established the imperial government’s expectation that land would only be bought by colonial governments, not individuals, and that land would only be purchased at public meetings. Additionally, this plan dictated that the Indians would be properly consulted when ascertaining and defining the boundaries of colonial settlement. 
For much of North America, the American Revolution was more of a battle against the Indians than a war against the British. So when the war was brought to an end with the 1783 Treaty of Paris, the treaty was generally understood by American officials to strip the Indians of all property rights east of the Mississippi River. The treaty was seen by Americans as a confirmation of their conquest of Indian land. 
The private contracts that once characterized the sale of Indian land to various individuals and groups— from farmers to towns— were replaced by treaties between sovereigns. This protocol was adopted by the United States Government after the America Revolution. 
On March 11, 1824, John C. Calhoun founded the Office of Indian Affairs (now the Bureau of Indian Affairs) as a division of the United States Department of War (now the United States Department of Defense), to solve the land problem with 38 treaties with American Indian tribes.
The passage of the Indian Removal Act of 1830 marked the systematization of a US federal government policy of forcibly moving Native populations away from European-populated areas.
One example was the Five Civilized Tribes, who were removed from their native lands in the southern United States and moved to modern-day Oklahoma, in a mass migration that came to be known as the Trail of Tears. Some of the lands these tribes were given to inhabit following the removals eventually became Indian Reservations.
In 1851, the United States Congress passed the Indian Appropriations Act which authorized the creation of Indian reservations in modern-day Oklahoma. Relations between settlers and natives had grown increasingly worse as the settlers encroached on territory and natural resources in the West.
In 1868, President Ulysses S. Grant pursued a "Peace Policy" as an attempt to avoid violence. The policy included a reorganization of the Indian Service, with the goal of relocating various tribes from their ancestral homes to parcels of lands established specifically for their inhabitation. The policy called for the replacement of government officials by religious men, nominated by churches, to oversee the Indian agencies on reservations in order to teach Christianity to the native tribes. The Quakers were especially active in this policy on reservations.
The policy was controversial from the start. Reservations were generally established by executive order. In many cases, white settlers objected to the size of land parcels, which were subsequently reduced. A report submitted to Congress in 1868 found widespread corruption among the federal Native American agencies and generally poor conditions among the relocated tribes.
Many tribes ignored the relocation orders at first and were forced onto their limited land parcels. Enforcement of the policy required the United States Army to restrict the movements of various tribes. The pursuit of tribes in order to force them back onto reservations led to a number of Native American massacres and some wars. The most well known conflict was the Sioux War on the northern Great Plains, between 1876 and 1881, which included the Battle of Little Bighorn. Other famous wars in this regard included the Nez Perce War.
By the late 1870s, the policy established by President Grant was regarded as a failure, primarily because it had resulted in some of the bloodiest wars between Native Americans and the United States. By 1877, President Rutherford B. Hayes began phasing out the policy, and by 1882 all religious organizations had relinquished their authority to the federal Indian agency.
In 1887, Congress undertook a significant change in reservation policy by the passage of the Dawes Act, or General Allotment (Severalty) Act. The act ended the general policy of granting land parcels to tribes as-a-whole by granting small parcels of land to individual tribe members. In some cases, for example the Umatilla Indian Reservation, after the individual parcels were granted out of reservation land, the reservation area was reduced by giving the excess land to white settlers. The individual allotment policy continued until 1934, when it was terminated by the Indian Reorganization Act.
The Indian Reorganization Act of 1934, also known as the Howard-Wheeler Act, was sometimes called the Indian New Deal. It laid out new rights for Native Americans, reversed some of the earlier privatization of their common holdings, and encouraged tribal sovereignty and land management by tribes. The act slowed the assignment of tribal lands to individual members, and reduced the assignment of 'extra' holdings to nonmembers.
For the following 20 years, the U.S. government invested in infrastructure, health care, and education on the reservations, and over two million acres (8,000 km²) of land were returned to various tribes. Within a decade of John Collier's retirement (the initiator of the Indian New Deal) the government's position began to swing in the opposite direction. The new Indian Commissioners Myers and Emmons introduced the idea of the "withdrawal program" or "termination", which sought to end the government's responsibility and involvement with Indians and to force their assimilation.
The Indians would lose their lands but be compensated (though many were not). Even though discontent and social rejection killed the idea before it was fully implemented, five tribes were terminated: the Coushatta, Ute, Paiute, Menominee and Klamath, and 114 groups in California lost their federal recognition as tribes. Many individuals were also relocated to cities, but one-third returned to their tribal reservations in the decades that followed.
With the establishment of reservations, tribal territories diminished to a fraction of original areas and indigenous customary practices of land tenure sustained only for a time, and not in every instance. Instead, the federal government established regulations that subordinated tribes to the authority, first, of the military, and then of the Bureau (Office) of Indian Affairs. Under federal law, the government patented reservations to tribes, which became legal entities that at later times have operated in a corporate manner. Tribal tenure identifies jurisdiction over land use planning and zoning, negotiating (with the close participation of the Bureau of Indian Affairs) leases for timber harvesting and mining.
Tribes generally have authority over other forms of economic development such as ranching, agriculture, tourism, and casinos. Tribes hire both members, other Indians and non-Indians in varying capacities; they may run tribal stores, gas stations, and develop museums (e.g., there is a gas station and general store at Fort Hall Indian Reservation, Idaho, and a museum at Foxwoods, on the Mashantucket Pequot Indian Reservation in Connecticut).
Tribal members may utilize a number of resources held in tribal tenure such as grazing range and some cultivable lands. They may also construct homes on tribally held lands. As such, members are tenants-in-common, which may be likened to communal tenure, although, even if some of this pattern emanates from pre-reservation tribal custom, generally the tribe has the authority to modify tenant in-common practices.
With the General Allotment Act (Dawes), 1887, the government sought to individualize tribal lands by authorizing allotments held in individual tenure. Generally, the allocation process led to grouping family holdings and, in some cases, this sustained pre-reservation clan or other patterns. There had been a few allotment programs ahead of the Dawes Act, but the vast fragmentation of reservations occurred from enactment of this act up to 1934, when the Indian Reorganization Act was passed. However, Congress authorized some allotment programs in the ensuing years, such as on the Palm Springs/Agua Caliente Indian Reservation in California.
Allotment set in motion a number of circumstances:
The demographic factor, coupled with landownership data, led, for example, to litigation between the Devils Lake Sioux and the State of North Dakota, where non-Indians owned more acreage than tribal members even though more Native Americans resided on the reservation than non-Indians. The court decision turned, in part, on the perception of Indian character, contending that the tribe did not have jurisdiction over the alienated allotments. In a number of instances—e.g., the Yakama Indian Reservation—tribes have identified open and closed areas within reservations. One finds the majority of non-Indian landownership and residence in the open areas and, contrariwise, closed areas represent exclusive tribal residence and related conditions.
Indian Country today consists of tripartite government—i. e., federal, state and/or local, and tribal. Where state and local governments may exert some, but limited, law-and-order authority, tribal sovereignty is, of course, diminished. This situation prevails in connection with Indian gaming, since federal legislation makes the state a party to any contractual or statutory agreement.
Finally, other occupancy on reservations may be by virtue of tribal or individual tenure. There are many churches on reservations; most would occupy tribal land by consent of the federal government or the tribe. BIA agency offices, hospitals, schools, and other facilities usually occupy residual federal parcels within reservations. Many reservations include one or more sections (about 640 acres) of school lands, but those lands typically remain part of the reservation (e.g., Enabling Act of 1910 at Section 20). As a general practice, such lands may sit idle or be grazed by tribal ranchers.
The Black Hills Land Dispute
The Federal Government and the The Lakota Sioux tribe members have been involved with one another over the legal claim of the Black Hills since the signing of the 1868 Fort Laramie Treaty, which created what is known today as the Great Sioux Nation covering the Black Hills and nearly half of western South Dakota. This treaty was acknowledged and respected until 1874, when General George Custer discovered gold, sending a wave of settlers into the area and leading to the realization of the value of the land from United States President Grant. President Grant used tactical military force to remove the Sioux from the land and assisted in the development of the Congressional appropriations bill for Indian Services in 1876, a "starve or sell" treaty signed by only 10% of the 75% tribal men required based on specifications from the Fort Laramie Treaty that relinquished the Sioux's rights to the Black Hills. Following this treaty, the Agreement of 1877 was passed by Congress to remove the Sioux from the Black Hills, stating that the land was purchased from the Sioux despite the insufficient number of signatures, the lack of transaction records, and the tribe's claim that the land was never for sale.
The Black Hills are sacred to the Sioux as a place central to their spirituality and identity, and contest of ownership of the land has been pressured in the courts by the Sioux Nation since the they were allowed legal avenue in 1920. Beginning in 1923, the Sioux made legal claim that their relinquishment from the Black Hills was illegal under the Fifth Amendment, and no amount of money can make up for the loss of their sacred land. This claim went all the way up to the Supreme Court United States v. Sioux Nation of Indians case in 1979 after being revived by Congress, and the Sioux were awarded over $100 million as they ruled that the seizure of the Black Hills was in fact illegal. The Sioux have continually rejected the money, and since then the award has been accruing interest in trust accounts, and amounts to about $1 billion in 2015. 
During President Barack Obama’s campaign he made indications that the case of the Black Hills was going to be solved with innovate solutions and consultation, but this was questioned when White House Counsel Leonard Garment sent a note to The Ogala people saying, "The days of treaty making with he American Indians ended in 1871; ...only Congress can rescind or change in any way statutes enacted since 1871."  The He Sapa Reparations Alliance  was established after Obama’s inauguration to educate the Sioux people and propose a bill to Congress that would allocate 1.3 million acres of federal land within the Black Hills to the tribe. To this day, the dispute of the Black Hills is ongoing with the trust estimated to be worth nearly $1.3 billion dollars and sources believe principles of restorative justice  may be the best solution to addressing this century old dispute.
Iroquois Struggle for Land in Upstate New York
While 1783 Treaty of Paris that ended the American Revolution addressed land sovereignty disputes between the British Crown and the colonies, it neglected to settle hostilities between indigenous people— specifically those who fought on the side of the British, as four of the members of the Haudenosaunee did— and colonists. In October 1784 the newly formed United States government facilitated negotiations with representatives from the Six Nations in Fort Stanwix, New York. The treaty produced in 1784 resulted in Indians giving up their territory within the Ohio River Valley and the U.S. guaranteeing the Haudenosaunee six million acres— about half of what is present day New York— as permanent homelands.
Unenthusiastic about the treaty’s conditions, the state of New York secured a series of twenty-six “leases,” many of them lasting 999 years on all native territories within its boundaries. Led to believe that they had already lost their land to the New York Genesee Company, the Haudenosaunee agreed to land leasing which was presented by New York Governor George Clinton as a means by which the indigenous could maintain sovereignty over their land. On August 28, 1788 the Oneidas leased five million acres to the state in exchange for $2,000 in cash, $2,000 in clothing, $1,000 in provisions and $600 annual rent. The other two tribes followed with similar arrangements.
The Holland Land Company gained control over all but ten acres of the native land leased to the sate on September 15, 1797. These 397 square miles were subsequently parceled out and subleased to whites, allegedly ending the native title to land. Despite Iroquois protests, federal authorities did virtually nothing to correct the injustice. Certain of losing all of their land, in 1831 most of the Oneidas asked that what was left of their holdings be exchanged for 500,000 acres purchased from the Menominees in Wisconsin. President Andrew Jackson, committed to Indian Removal west of the Mississippi, agreed.
The Treaty of Buffalo Creek, signed on January 15, 1838, directly ceded 102,069 acres of Seneca land to the Ogden company for $202,000, a sum that was divided evenly between the government— to hold in trust for Indians— and non-Indian individuals who wanted to buy and improve the plots. All that was left of the Cayuga, Oneida, Onondaga and Tuscarora holding was extinguished at a total cost of $400,000 to Ogden.
After Indian complaints, a second Treaty of Buffalo was written in 1842 in attempts to mediate tension.
Navajo-Hopi Land Dispute
The modern-day Navajo and Hopi Indian Reservations are located in Northern Arizona, near the Four Corners area. The Hopi reservation is 2,531.773 square miles within Arizona and lies surrounded by the greater Navajo reservation which spans 27,413 square miles and extends slightly into the states of New Mexico and Utah. Although this is the semi-autonomous land that their populations reside on today, they differ geographically from the land that these tribes historically resided on, as is the case with most, if not all, Native American tribes.
After returning to their land, the “Navajo Indian Reservation” was legally established by the US in the Treaty of 1868. Since this time, the boundaries of their territory have continued to expand.
In the 1920s, mining companies pressured the government to set up Native American councils on the reservations so that they could agree to contracts, specifically leases, in the name of the tribe. The first Navajo council was selected by the Secretary of Interior and only allowed to meet under his supervision. To this day, the tribal council has been known to act as a corporation, and not as a body which serves the interest of the people. They forced the Hopi people to also create a tribal council, even though they already had their own, long-standing system of government which aimed to care for all living things on this planet. The process through which these councils were “consensually” created, were reported to be laden with fraud, trickery, and deception.
Once mining companies were “permitted” to use the land, the BIA, the Bureau of Indian Affairs, came in and killed or confiscated the peoples livestock to prevent overgrazing. Leaving them with no other livelihood, many native men were forced to work for the mining companies. During World War 2, they took part in mining for uranium as well, ignorant to the dangers that accompanied the radiation. When they were finished, they failed to properly dispose of the radioactive waste which did and will continue to pollute the environment, including their water sources. Many years later, these same men died from lung cancer and their families received no form of financial compensation. Neither the government nor the companies they worked for had bothered to warn them even though the Navajo code was largely responsible for the Allies success.
After the war ended, population boomed and energy demands soared. The utility companies needed a new source of power so they decided to build coal-fired power plants. They placed these power plants in the four corners region in an attempt to export the pollution and health effects that came along with them. In the 1960s, John Boyden, an attorney for Peabody Coal, the nation’s largest coal producer, managed to gain rights to the Hopi land, including Black Mesa, a sacred location to both tribes. They threw people off of their land, erected power lines, polluted the air, and paid the tribes close to nothing for the resources. But still, 75% of the Navajo had no electricity - all of that created on their land is exported to major cities like Los Angeles and Las Vegas.
In the 1970s Natives began to protest and fight back. In fear, John Boyden of Peabody devised a tactic to convince Congress to divy up the Hopi reservation which both Hopi and Navajo people were living peacefully on. He told them that they tribes were on the brink of a gory war and it was up to Congress to pass legislation, Public Law 93-531, or the 1974 Navajo Land Resettlement Act, to prevent this by redrawing the Hopi reservation lines and remove the Navajo residents despite the Native people’s denial of these litigations. It was a scheme to relocate the Navaio people, or the Diné people as they call themselves, to make it easier for Peabody to gain access to land’s resources and it was successful, complete with a wired fence along the new borders.
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The quality of life on some reservations is comparable to that in the developing world, with issues of infant mortality, life expectancy, malnutrition and poverty, and alcohol and drug abuse. The two poorest counties in the United States are Buffalo County, South Dakota, home of the Lower Brule Indian Reservation, and Oglala Lakota County, South Dakota, home of the Pine Ridge Indian Reservation, according to data compiled by the 2000 census.
In 1979, the Seminole tribe in Florida opened a high-stakes bingo operation on its reservation in Florida. The state attempted to close the operation down but was stopped in the courts. In the 1980s, the case of California v. Cabazon Band of Mission Indians established the right of reservations to operate other forms of gambling operations. In 1988, Congress passed the Indian Gaming Regulatory Act, which recognized the right of Native American tribes to establish gambling and gaming facilities on their reservations as long as the states in which they are located have some form of legalized gambling.
Today, many Native American casinos are used as tourist attractions, including as the basis for hotel and conference facilities, to draw visitors and revenue to reservations. Successful gaming operations on some reservations have greatly increased the economic wealth of some tribes, enabling their investment to improve infrastructure, education and health for their people.
Serious crime on Indian reservations has historically been required (by the 1885 Major Crimes Act, 18 U.S.C. §§1153, 3242, and court decisions) to be investigated by the federal government, usually the Federal Bureau of Investigation, and prosecuted by United States Attorneys of the United States federal judicial district in which the reservation lies.
Tribal courts were limited to sentences of one year or less, until on July 29, 2010 the Tribal Law and Order Act was enacted which in some measure reforms the system permitting tribal courts to impose sentences of up to three years provided proceedings are recorded and additional rights are extended to defendants. The Justice Department on January 11, 2010 initiated the Indian Country Law Enforcement Initiative which recognizes problems with law enforcement on Indian reservations and assigns top priority to solving existing problems.
The Department of Justice recognizes the unique legal relationship that the United States has with federally recognized tribes. As one aspect of this relationship, in much of Indian Country, the Justice Department alone has the authority to seek a conviction that carries an appropriate potential sentence when a serious crime has been committed. Our role as the primary prosecutor of serious crimes makes our responsibility to citizens in Indian Country unique and mandatory. Accordingly, public safety in tribal communities is a top priority for the Department of Justice.
Emphasis was placed on improving prosecution of crimes involving domestic violence and sexual assault.
Passed in 1953, Public Law 280 (PL 280) gave jurisdiction over criminal offenses involving Indians in Indian Country to certain States and allowed other States to assume jurisdiction. Subsequent legislation allowed States to retrocede jurisdiction, which has occurred in some areas. Some PL 280 reservations have experienced jurisdictional confusion, tribal discontent, and litigation, compounded by the lack of data on crime rates and law enforcement response.
A survey of death certificates over a four-year period showed that deaths among Indians due to alcohol are about four times as common as in the general US population and are often due to traffic collisions and liver disease with homicide, suicide, and falls also contributing. Deaths due to alcohol among American Indians are more common in men and among Northern Plains Indians. Alaska Natives showed the least incidence of death. Alcohol abuse by Native Americans has been shown to be associated with development of disease, including pneumonia, tuberculosis, liver problems, and pancreatitis, as well as hearing and vision problems, kidney and bladder problems, head injuries, sprains and muscle strains, and dental problems.
Gang violence is becoming a major social problem. A Dec. 13, 2009 The New York Times article about growing gang violence on the Pine Ridge Indian Reservation estimated that there were 39 gangs with 5,000 members on that reservation alone.
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