🌎intro to native american studies review
9.1 Historical and ongoing land disputes
Last Updated on August 9, 2024
Native Americans have faced a long history of land disputes with the U.S. government. From forced removals to allotment policies, tribes lost millions of acres. These conflicts continue today, with ongoing legal battles over treaty rights and sacred sites.
Recent policies have aimed to support tribal sovereignty and self-determination. However, challenges persist in protecting Native lands and cultural resources. Many tribes are still fighting to reclaim ancestral territories and preserve sacred places.
Legislation and Policies
Indian Removal and Allotment Policies
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- Indian Removal Act of 1830 authorized forced relocation of Native American tribes from southeastern United States to territories west of the Mississippi River
- Resulted in the infamous Trail of Tears where thousands of Cherokee died during forced march
- Opened up millions of acres of Native lands for white settlement and exploitation
- Dawes Act of 1887 divided tribal lands into individual allotments
- Aimed to assimilate Native Americans into mainstream American society by promoting individual land ownership
- Reduced Native American land holdings from 138 million acres to 48 million acres by 1934
- Allotment process broke up communal tribal lands into individual parcels
- Assigned 160 acres to each family head and 80 acres to each single person over 18
- Excess lands sold to non-Native settlers, further diminishing tribal land base
- Led to checkerboard pattern of land ownership on many reservations
Termination and Self-Determination Eras
- Termination policy of 1940s-1960s sought to end federal recognition of tribes
- Aimed to assimilate Native Americans into mainstream society by eliminating their special status
- Resulted in loss of federal services and protections for terminated tribes
- Over 100 tribes terminated, including Menominee and Klamath
- Self-determination policy emerged in 1970s as a reversal of termination
- Emphasized tribal autonomy and control over their own affairs
- Indian Self-Determination and Education Assistance Act of 1975 allowed tribes to manage federal programs
- Enabled tribes to develop their own education, health, and economic development programs
- Fostered resurgence of tribal governments and cultural preservation efforts
Tribal Rights and Sovereignty
Concepts of Tribal Sovereignty and Treaty Rights
- Tribal sovereignty refers to inherent authority of indigenous tribes to govern themselves
- Recognized in U.S. Constitution and affirmed by Supreme Court decisions
- Allows tribes to form their own governments, make laws, and enforce them on tribal lands
- Limited by Congress's plenary power over Indian affairs
- Treaty rights stem from nation-to-nation agreements between tribes and U.S. government
- Guarantee certain rights and protections to tribes in exchange for land cessions
- Often include hunting, fishing, and gathering rights on ceded territories
- Canons of construction require treaties to be interpreted as tribes would have understood them
- Many treaty rights continue to be litigated and enforced today (fishing rights in Pacific Northwest)
Land Claims and Reservation System
- Land claims involve legal actions by tribes to reclaim territories lost through unfair or illegal means
- Maine Indian Claims Settlement Act of 1980 returned 300,000 acres to Passamaquoddy and Penobscot
- Ongoing claims include Black Hills in South Dakota, sacred to Lakota Sioux
- Reservation system established designated lands for exclusive use by tribes
- Created through treaties, executive orders, or acts of Congress
- Intended to provide land base for tribes after widespread dispossession
- Vary greatly in size, from small rancherias to large reservations (Navajo Nation)
- Many reservations face challenges of poverty, limited economic opportunities, and jurisdictional issues
Cultural and Sacred Sites
Protection of Sacred Sites and Cultural Resources
- Sacred sites hold religious, spiritual, or cultural significance for Native American tribes
- Include natural features (mountains, rivers, caves) and human-made structures (burial grounds, ceremonial sites)
- Often located on federal or private lands, creating challenges for access and protection
- American Indian Religious Freedom Act of 1978 protects Native American religious practices
- Requires federal agencies to consider impacts on sacred sites in decision-making processes
- Does not provide absolute protection, as demonstrated in Lyng v. Northwest Indian Cemetery Protective Association case
- Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 addresses cultural artifacts and human remains
- Requires federal agencies and institutions receiving federal funding to return Native American cultural items to tribes
- Includes provisions for protection of burial sites on federal and tribal lands
- Executive Order 13007 directs federal agencies to accommodate access to sacred sites
- Requires agencies to avoid adversely affecting physical integrity of these sites
- Challenges remain in balancing protection with other land uses (mining, development, recreation)
Key Terms to Review (17)
Communal land ownership: Communal land ownership is a system where land is owned collectively by a group rather than by individuals. This concept is central to many Indigenous cultures, reflecting a deep connection to land and community, and often contrasts with Western notions of private property. Understanding communal land ownership sheds light on the historical and ongoing land disputes that have emerged as Indigenous peoples navigate their rights and claims against state and corporate interests.
Self-determination policy: The self-determination policy refers to the principle that communities, particularly Indigenous peoples, have the right to determine their own political status and pursue their economic, social, and cultural development. This policy empowers Indigenous nations to reclaim control over their lands, resources, and governance, especially in the context of historical injustices and land disputes.
Executive Order 13007: Executive Order 13007, signed by President Bill Clinton in 1996, aims to ensure that federal agencies respect the rights of Native American tribes to access and maintain sacred sites on public lands. This order emphasizes the importance of protecting these sacred sites, recognizing their cultural and religious significance, and addresses historical and ongoing land disputes faced by Indigenous communities.
Lyng v. Northwest Indian Cemetery Protective Association: Lyng v. Northwest Indian Cemetery Protective Association is a significant U.S. Supreme Court case from 1988 that addressed the conflict between federal land use for development and the religious practices of Native American tribes. The ruling concluded that the government's decision to allow road construction and logging in a sacred area did not violate the First Amendment rights of the tribes, raising important issues regarding land rights and cultural preservation.
Maine Indian Claims Settlement Act: The Maine Indian Claims Settlement Act is a federal law enacted in 1980 that resolved land claims and established a settlement for the Penobscot and Passamaquoddy tribes in Maine. This act was significant as it aimed to address historical injustices related to land dispossession, providing compensation and a framework for tribal governance, while also acknowledging the tribes' rights to certain lands and resources.
Black Hills: The Black Hills are a mountain range located in South Dakota and Wyoming, known for their spiritual significance to several Native American tribes, particularly the Lakota Sioux. This area is the center of historical and ongoing land disputes, particularly regarding the 1868 Treaty of Fort Laramie, which guaranteed the Black Hills to the Sioux but was later violated by the U.S. government following the discovery of gold.
American Indian Religious Freedom Act: The American Indian Religious Freedom Act (AIRFA) is a U.S. federal law enacted in 1978 to protect and preserve the religious rights of Native Americans. This act was a response to the historical oppression of Indigenous spiritual practices and aimed to ensure that Native peoples could freely practice their religions without government interference, which directly ties into the broader struggles for cultural survival and autonomy within Native communities and the ongoing disputes regarding land use and access to sacred sites.
Navajo Nation: The Navajo Nation is a large Native American territory that encompasses parts of Arizona, Utah, and New Mexico, making it the largest tribal reservation in the United States. Known for its rich culture, language, and history, the Navajo Nation is a sovereign entity with its own government, laws, and institutions, which play a significant role in the preservation of cultural identity and community resilience.
Indian Removal Act: The Indian Removal Act, enacted in 1830, was a U.S. law that authorized the forced relocation of Native American tribes from their ancestral lands in the southeastern United States to designated 'Indian Territory' west of the Mississippi River. This act symbolizes a broader pattern of governmental policies aimed at displacing Indigenous peoples, leading to significant historical and contemporary consequences for Native American communities.
Treaty rights: Treaty rights refer to the legal rights granted to Indigenous peoples through treaties made with the federal government, which often outline specific privileges regarding land use, resource management, and governance. These rights serve as a foundation for the relationship between Native American tribes and the government, influencing social, political, and economic aspects of tribal life. They are crucial in the context of historical and ongoing land disputes, cultural preservation, and various movements aimed at asserting tribal sovereignty and intertribal solidarity.
Native American Graves Protection and Repatriation Act: The Native American Graves Protection and Repatriation Act (NAGPRA) is a United States federal law enacted in 1990 that provides a process for the return of Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants and culturally affiliated tribes. This act addresses historical injustices by recognizing the rights of Native American tribes over their ancestral remains and cultural heritage.
Sacred sites: Sacred sites are locations that hold significant spiritual, cultural, or historical importance to Indigenous peoples, often considered places where the sacred and the earthly intersect. These sites can include natural formations, such as mountains or rivers, as well as man-made structures like temples or burial grounds. Their preservation is essential for the social structures and political organizations of Native communities, as they often serve as focal points for cultural identity, governance, and environmental justice efforts.
Tribal sovereignty: Tribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves and make decisions regarding their internal affairs without external interference. This concept is essential for understanding the political independence of Native nations, their social structures, and their relationships with federal and state governments.
Termination policy: Termination policy refers to a series of U.S. government initiatives aimed at assimilating Native Americans into mainstream American society by ending the special relationship between tribes and the federal government. This approach, prominent in the 1950s, sought to dissolve tribal sovereignty and eliminate federal support, leading to the loss of land and resources for many Native communities. The impact of this policy is still felt today, especially in the context of historical land disputes and the ongoing struggle for self-determination.
Dawes Act: The Dawes Act, enacted in 1887, was a federal law aimed at assimilating Native Americans into American society by allotting them individual plots of land and granting them U.S. citizenship. This act was part of a broader policy to dismantle tribal sovereignty, promote private land ownership, and encourage Native Americans to adopt Western agricultural practices.
Indian Self-Determination and Education Assistance Act: The Indian Self-Determination and Education Assistance Act, enacted in 1975, was a landmark legislation aimed at promoting self-governance among Native American tribes and increasing their control over federal education funds. This act allowed tribes to administer their own education programs, reflecting a shift towards respecting tribal sovereignty and enhancing nation-to-nation relationships with the federal government. It plays a crucial role in the broader context of federal Indian policies that moved from removal and assimilation towards self-determination, addressing contemporary issues in tribal governance and long-term impacts on Native communities.
Trail of Tears: The Trail of Tears refers to the forced relocation of several Native American tribes, primarily the Cherokee, from their ancestral lands in the southeastern United States to designated Indian Territory west of the Mississippi River during the 1830s. This tragic event resulted in the deaths of thousands due to harsh conditions, disease, and starvation, highlighting the devastating impacts of U.S. government policies on Native societies.