Difference between revisions of "Indian reservation" - New World Encyclopedia

Revision as of 01:17, 27 January 2009

BIA map of reservations in the United States.

Tribal sovereignty: Map of the United States, with non-reservation land highlighted.

An Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs. Because Native American tribes have limited national sovereignty, laws on tribal lands vary from the surrounding area. These laws can permit legal casinos on reservations, which attract tourists.

There are about 310 Indian reservations in the United States, meaning not all of the country's 550-plus recognized tribes have a reservation — some tribes have more than one reservation, others have none. In addition, because of past land sales and allotments, discussed below, some reservations are severely fragmented. Each piece of tribal, trust, and privately held land is a separate enclave. This random mixing of private and public real estate can create significant administrative difficulties.

The collective geographical area of all reservations is 55.7 million acres (225,410 km²), representing 2.3% of the area of the United States (2,379,400,204 acres; 9,629,091 km²).

There are twelve Indian reservations that are larger than the state of Rhode Island (776,960 acres; 3,144 km²) and nine reservations larger than Delaware (1,316,480 acres; 5,327 km²). Reservations are unevenly distributed throughout the country with some states having none. Notably, according to the map to the side, Missouri and Arkansas are the only two states that are a part of the contiguous 48 states that are west of the Mississippi without Indian reservations.

The tribal council, not the local or federal government, 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. Some Indian reservations were laid out by the federal government; others were outlined by the states.

At the present time, a slight majority of Native Americans and Alaska Natives live somewhere other than the reservations, often in big western cities such as Phoenix and Los Angeles.

History

Reservation beginnings

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.

President Ulysses S. Grant pursued a stated "Peace Policy" as a possible solution to the conflict. 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 "civilization" policy was aimed at eventually preparing the tribes for citizenship.^{[citation needed]}

In many cases the lands granted to tribes were hostile to agricultural cultivation, leaving many tribes who accepted the policy in a state bordering on starvation.^{[citation needed]}

Reservation treaties sometimes included stipend agreements, in which the federal government would grant a certain amount of goods to a tribe yearly. The implementation of the policy was erratic, however, and in many cases the stipend goods were not delivered.^{[citation needed]}

Controversy

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 new 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 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.

Most Indian reservations, like the Laguna Indian reservation in New Mexico (pictured 1943), are in the western United States, often in arid regions unsuitable for agriculture.

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 New Deal

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 self-government 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 twenty 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 those who lost their lands often weren't). Though discontent and social rejection killed the idea before it was fully implemented, five tribes were terminated (Coushattas, Utes, Paiutes, Menominees and Klamaths) and 114 groups in California lost their federal recognition as tribes. Many individuals were also relocated to cities only to have a full third of them return to their tribes in the decades following.

LOOK UP Allotment Act

Life and culture

Many Native Americans who live on reservations deal with the federal government through two agencies: the Bureau of Indian Affairs and the Indian Health Service.

Life qualities in some reservations are comparable to the quality of life in the developing world. For example, Shannon County, South Dakota, home of the Pine Ridge Indian Reservation, is routinely described as one of the poorest counties in the nation.

Gambling

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 to draw visitors and revenue to reservations.

Canada Indian reserve

This article or section does not cite its references or sources.
You can help this encyclopedia by introducing appropriate citations.

For the vast tract created by the Royal Proclamation of 1763 in Canada and the United States see: Indian Reserve (1763)

In Canada, an Indian reserve is specified by the Indian Act as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." The Act also specifies that land reserved for the use and benefit of a band which is not vested in the Crown (for example, Wikwemikong Unceded Reserve on Manitoulin Island) is also subject to the Indian Act provisions governing reserves. Superficially a reserve is similar to an American Indian reservation, although the histories of the development of reserves and reservations are markedly different. Although the American term reservation is occasionally used, reserve is normally the standard term in Canada.

The terms Native reserve, First Nations reserve and First Nation are also widely used instead of Indian reserve; confusingly, First Nation also designates a group which may occupy more than one reserve. For example, the Munsee-Delaware Nation in Ontario is only one of three reserves in Western Ontario occupied by members of the Munsee-Delaware First Nation. In all, there are over 600 occupied reserves in Canada, most of them quite small in area.

The Indian Act gives the Minister of Indian Affairs the right to "determine whether any purpose for which lands in a reserve are used is for the use and benefit of the band." Title to land within the reserve may only be transferred to the band or to individual band members. Reserve lands may not be seized legally, nor is the personal property of a band or a band member living on a reserve subject to "charge, pledge, mortgage, attachment, levy, seizure distress or execution in favour or at the instance of any person other than an Indian or a band" (section 89 (1) of the Indian Act). As a result reserves and their residents have great difficulty obtaining financing. Canada Mortgage and Housing Corporation (CMHC) has, however, created an on-reserve housing loan program in which members of bands which enter into a trust agreement with CMHC and lenders can receive loans to build or repair houses. In other programs loans to residents of reserves are guaranteed by the federal government.

Provinces and municipalities may expropriate reserve land only if specifically authorized by a provincial or federal law. Few reserves have any economic advantages, such as resource revenues. The revenues of those reserves which do are held in trust by the Minister of Indian Affairs. Reserve lands and the personal property of bands and resident band members are exempt from all forms of taxation except local taxation. Corporations owned by members of First Nations are not exempt, however. This exemption has allowed band members operating in proprietorships or partnerships to sell heavily taxed goods such as cigarettes on their reserves at prices considerably lower than those at stores off the reserves. Most reserves are self-governed, within the limits already described, under guidelines established by the Indian Act.

Notes

References
ISBN links support NWE through referral fees

Confederated Salish and Kootenai Tribes. The Indian Reorganization Act (W'heeler-Howard Act) - June 18, 1934 Retrieved January 26, 2009.
Francis, David R. April 23, 2004. Gambling on the Reservation Christian Science Monitor Retrieved January 26, 2009.
Frazier, Ian. 2000. On the rez. New York: Farrar, Straus and Giroux. ISBN 9780374226381
Indian and Northern Affairs, Canada. First Nation Community Profiles Retrieved January 26, 2009.
O'Neill, Terry. 2002. The Indian reservation system. San Diego: Greenhaven Press. ISBN 9780737707151
U.S. Census Bureau, Geographic Areas Reference manual. Chapter 5: American Indian and Alaska Native Areas Retrieved January 26, 2009.

External links

All Links Retrieved January 26, 2009.

Credits

New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopedia standards. This article abides by terms of the Creative Commons CC-by-sa 3.0 License (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:

The history of this article since it was imported to New World Encyclopedia:

History of "Indian reservation"

Note: Some restrictions may apply to use of individual images which are separately licensed.

@@ Line 42: / Line 42: @@
 For the following twenty 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 (reformer)|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 those who lost their lands often weren't).  Though discontent and social rejection killed the idea before it was fully implemented, five tribes were terminated ([[Coushatta]]s, [[Ute]]s, [[Paiute]]s, [[Menominee]]s and [[Klamath]]s) and 114 groups in California lost their federal recognition as tribes.  Many individuals were also relocated to cities only to have a full third of them return to their tribes in the decades following.
+'''LOOK UP  Allotment Act'''
 ==Life and culture==