What is a federal Indian reservation? In the United States there are three types of reserved federal lands: military, public, and Indian. A federal Indian reservation is an area of land reserved for a tribe or tribes under treaty or other agreement with the United States, executive order, or federal statute or administrative action as permanent tribal homelands, and where the federal government holds title to the land in trust on behalf of the tribe. Approximately 56.2 million acres are held in trust by the United States for various Indian tribes and individuals. There are approximately 326 Indian land areas in the U.S. administered as federal Indian reservations (i.e., reservations, pueblos, rancherias, missions, villages, communities, etc.). The largest is the 16 million-acre Navajo Nation Reservation located in Arizona, New Mexico, and Utah. The smallest is a 1.32-acre parcel in California where the Pit River Tribe’s cemetery is located. Many of the smaller reservations are less than 1,000 acres. Some reservations are the remnants of a tribe’s original land base. Others were created by the federal government for the resettling of Indian people forcibly relocated from their homelands. Not every federally recognized tribe has a reservation. Federal Indian reservations are generally exempt from state jurisdiction, including taxation, except when Congress specifically authorizes such jurisdiction. Are there any federal Indian reservations in Alaska? Yes, one. It is the Metlakatla Indian Community of the Annette Island Reserve in southeastern Alaska. Are there other types of “Indian lands”? Yes. Other types of Indian lands are: •Allotted lands, which are remnants of reservations broken up during the federal allotment period of the late nineteenth and early twentieth centuries. Although the practice of allotting lands had begun in the eighteenth century, it was put to greater use after the Civil War. By 1885, over 11,000 patents had been issued to individual Indians under various treaties and laws. Starting with the General Allotment Act in 1887 (also known as the Dawes Act) until the Indian Reorganization Act of 1934, allotments were conveyed to members of affected tribes and held in trust by the federal government. As allotments were taken out of trust, they became subject to state and local taxation, which resulted in thousands of acres passing out of Indian hands. Today, 10,059,290.74 million acres of individually owned lands are still held in trust for allotees and their heirs. •Restricted status, also known as restricted fee, where title to the land is held by an individual Indian person or a tribe and which can only be alienated or encumbered by the owner with the approval of the Secretary of the Interior because of limitations contained in the conveyance instrument pursuant to federal law. •State Indian reservations, which are lands held in trust by a state for an Indian tribe. With state trust lands title is held by the state on behalf of the tribe and the lands are not subject to state property tax. They are subject to state law, however. State trust lands stem from treaties or other agreements between a tribal group and the state government or the colonial government(s) that preceded it. American Indian and Alaska Native tribes, businesses, and individuals may also own land as private property. In such cases, they are subject to state and local laws, regulations, codes, and taxation. Does the United States still make treaties with Indian tribes? No. Congress ended treaty-making with Indian tribes in 1871. Since then, relations with Indian groups have been formalized and/or codified by Congressional acts, Executive Orders, and Executive Agreements. Between 1778, when the first treaty was made with the Delawares, to 1871, when Congress ended the treaty-making period, the United States Senate ratified 370 treaties. At least 45 others were negotiated with tribes but were never ratified by the Senate. The treaties that were made often contain commitments that have either been fulfilled or subsequently superseded by Congressional legislation. In addition, American Indians and Alaska Natives can access education, health, welfare, and other social service programs available to all citizens, if they are eligible. Even if a tribe does not have a treaty with the United States, or has treaties that were negotiated but not ratified, its members may still receive services from the BIA or other federal programs, if eligible. The specifics of particular treaties signed by government negotiators with Indian tribes are contained in one volume (Vol. II) of the publication, Indian Affairs, Laws and Treaties: 1778-1883, compiled, annotated, and edited by Charles J. Kappler. Published by the United States Government Printing Office in 1904, it is now out of print, but can be found in most large law libraries and on the Internet at digital.library.okstate.edu/Kappler. The treaty volume has also been published privately under the title, “Indian Treaties: 1778-1883.”
Posted on: Thu, 01 Jan 2015 21:27:07 +0000
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