The Omaha Reservation ( Omaha–Ponca : Umoⁿhoⁿ tóⁿde ukʰéthiⁿ ) of the federally recognized Omaha tribe is located mostly in Thurston County, Nebraska , with sections in neighboring Cuming and Burt counties, in addition to Monona County in Iowa . As of the 2020 federal census, the reservation population was 4,526. The tribal seat of government is in Macy . The villages of Rosalie , Pender and Walthill are located within reservation boundaries, as is the northernmost part of Bancroft . Due to land sales in the area since the reservation was established, Pender has disputed tribal jurisdiction over it, to which the Supreme Court ruled unanimously in 2016 that "the disputed land is within the reservation’s boundaries."
74-652: The reservation was established by a treaty at Washington, D.C., dated March 16, 1854. By this treaty, the Omaha Nation sold the majority of its land west of the Missouri River to the United States, but was authorized to select an area of 300,000 acres (470 sq mi; 1,200 km) to keep as a permanent reservation . The Omaha Nation chose an area around the Blackbird Hills and obtained
148-461: A Nebraska state court in 2000 ruled that the western boundary of the reservation ended at railroad tracks east of Pender, Nebraska. The Omaha Tribe contends that Pender is within tribal jurisdiction, as Congress did not change the boundaries of reservation, which includes most of Thurston County. The tribe says that the state does not have the power to redefine the boundary set by the Omaha treaty with
222-1011: 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
296-709: A forced 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 Indian Territory (which became Oklahoma). Relations between white settlers and Natives had grown increasingly worse as
370-521: A large number of tribal members to sell or mortgage their allotment land to outsiders in order to pay back taxes. The county continued to tax tribal trust land until the 1970s, when federal courts ruled that the tribe could not be taxed without its consent. According to the United States Census Bureau , the reservation has a total area of 309.99 square miles (802.9 km), of which 307.03 square miles (196,500 acres; 795.2 km)
444-531: A series of disputes over sovereignty. Diminishment Diminishment is the legal process by which the United States Congress can reduce the size of an Indian reservation . In 1984, the United States Supreme Court held in Solem v. Bartlett , 465 U.S. 463 (1984), that "only Congress may diminish the boundaries of an Indian reservation, and its intent to do so must be clear." This
518-539: A temporary stay on the merchants' paying the liquor sales tax. In January 2012, the plaintiffs in Pender v. Omaha Tribe filed a request with the Omaha Tribal Courts for a summary judgment due to the length of time the case had taken. The defendants had requested that no hearing be held before June 2012. The plaintiffs had submitted a report to them by an expert witness on transactions related to Pender and
592-526: Is autonomous , subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs , and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States , while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under
666-620: Is a conflict between the Menomee Nation and the State of Wisconsin and "the 1831 Menomee Treaty … ran the boundary between the lands of the Oneida, known in the Treaty as the "New York Indians". This Treaty from 1831 is the cause of conflicts and is disputed because the land was good hunting grounds. The Trade and Intercourse Act of 1834 says "In the 1834 Indian Trade and Intercourse Act,
740-665: 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 citizens may utilize several resources held in tribal tenures 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. Even if some of this pattern emanates from pre-reservation tribal customs, generally
814-540: Is land and 2.96 square miles (7.7 km) is water. Due to allotments in the late nineteenth century, much of the reservation is no longer tribally-owned. According to the Bureau of Indian Affairs , the Omaha Nation's trust land amounts to 27,828 acres (43.481 sq mi; 112.62 km), or about 14.2% of the total reservation land area. As of the census of 2020 , the population of the Omaha Reservation
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#1732786785887888-702: Is signed by Isaac Shelby and Jackson. It discusses several regulations regarding the Native Americans and the approval of Indigenous segregation and the reservation system. President Martin Van Buren negotiated a treaty with the Saginaw Chippewas in 1837 to build a lighthouse. The President of the United States of America was directly involved in the creation of new treaties regarding Indian Reservations before 1850. Van Buren stated that indigenous reservations are "all their reserves of land in
962-547: Is within the reservation's boundaries. In December 2006, the Omaha Tribe issued notices to the seven liquor stores in Pender (which has a population of 1,000), as well as those in Rosalie and Walthill, Nebraska , informing them that as of January 1, 2007, the merchants would have to pay the Omaha Tribe liquor licensing fees and a 10 percent sales tax to continue to operate within the reservation. The executive director of
1036-524: The Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties. The total area of all reservations is 56,200,000 acres (22,700,000 ha; 87,800 sq mi; 227,000 km ), approximately 2.3% of
1110-591: The European colonization of the Americas , Europeans often removed Indigenous peoples from their homelands. The means varied, including treaties made under considerable duress, forceful ejection, violence, and in a few cases voluntary moves based on mutual agreement. The removal caused many problems such as tribes losing the means of livelihood by being restricted to a defined area, poor quality of land for agriculture, and hostility between tribes. The first reservation
1184-570: The Mississippi River and occupying lands that were first reserved by treaty ( Indian Land Grants ) from the public domain. Because recognized Native American nations possess tribal sovereignty , albeit of a limited degree, laws within tribal lands may vary from those of the surrounding and adjacent states. For example, these laws can permit casinos on reservations located within states which do not allow gambling, thus attracting tourism. The tribal council generally has jurisdiction over
1258-535: The Oneida People in 1838. This treaty allows the indigenous peoples five years on a specific reserve "the west shores of Saganaw bay". The creation of reservations for indigenous people of America could be as little as a five-year approval before 1850. Article two of the treaty claims "the reserves on the river Angrais and at Rifle river, of which said Indians are to have the usufruct and occupancy for five years." Indigenous people had restraints pushed on them by
1332-713: 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 and
1406-493: The United States Department of Defense ), to solve the land problem with 38 treaties with American Indian tribes. Indian Treaties, and Laws and Regulations Relating to Indian Affairs (1825) was a document signed by President Andrew Jackson in which he states that "we have placed the land reserves in a better state for the benefit of society" with approval of Indigenous reservations before 1850. The letter
1480-654: The "Plan for the Future Management of Indian Affairs". Although never adopted formally, the plan established the British 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. The private contracts that once characterized
1554-718: 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
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#17327867858871628-765: The Dawes Act. However, the vast fragmentation of reservations occurred from the 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
1702-684: 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
1776-693: The Europeans encountered the New World, the American colonial government determined a precedent of establishing the land sovereignty of North America through treaties between countries. This precedent was upheld by the United States government. As a result, most Native American land was purchased by the United States government, a portion of which was designated to remain under Native sovereignty. The United States government and Native Peoples do not always agree on how land should be governed, which has resulted in
1850-587: 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
1924-568: The Indian agencies on reservations in order to teach Christianity to the Native American 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
1998-887: The Mexican-American War and protect American immigration traveling to Oregon and California." The Federal Government of America had their own needs and desires for Indigenous Land Reservations. He says, "the reconnaissance of explorers and other American officials understood that Indigenous Country possessed good land, bountiful game, and potential mineral resources." The American Government claimed Indigenous land for their own benefits with these creations of Indigenous Land Reservations . States such as Texas had their own policy when it came to Indian Reservations in America before 1850. Scholarly author George D. Harmon discusses Texas' own reservation system which "Prior to 1845, Texas had inaugurated and pursued her own Indian Policy of
2072-607: The Nebraska Liquor Commission. While offering an opinion, he said the tribal boundary was a federal jurisdictional issue. In April 2007, liquor merchants in Pender (later joined by the village) filed a federal lawsuit challenging the tribe's authority to demand the liquor taxes, based on their contention that Pender was outside the reservation boundaries. In October 2007 the US District Court ordered
2146-505: The Nebraska State Liquor Commission said that he would be consulting with the state attorney general on the issue. Ben Thompson, an Omaha attorney who represents the tribe, notes that it has the legal right to establish such laws within the reservation. The Nebraska Attorney General offered the opinion that the Omaha Tribe had the authority to regulate liquor sales on its reservation and it did not interfere with
2220-529: The Nebraska state attorney general noted its opinion, based on Congressional laws and a field ruling during the Ronald Reagan administration, that Pender was outside the reservation boundaries. It also noted that ultimately this was a matter of federal jurisdiction. There have been continuing issues related to tribal jurisdiction in Pender and other areas along its western boundary. For instance, in 2003
2294-618: The President's approval on May 11, 1855. In a treaty on March 6, 1865, the Omaha Nation agreed to sell the northern part of the reservation to the United States for the use of Ho-Chunk refugees from Crow Creek, South Dakota who became the Winnebago Tribe of Nebraska , establishing the Winnebago Reservation just north of the Omaha Reservation. The Omahas later conveyed an additional 12,348 acres of timber land to
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2368-509: The Sioux City and Nebraska Railroad to settlers and speculators. Fletcher personally oversaw the allotments, allocating 76,810 acres (310.8 km) to 954 tribal members and leaving about 55,000 acres (220 km) in tribal ownership. The 1882 act on the Omaha Reservation served as a model for the Dawes Act of 1887, which authorized the similar allotment of land on reservations nationwide. An additional act on March 3, 1893, allotted most of
2442-673: The U.S." Texas was one of the States before 1850 that chose to create their own reservation system as seen in Harmon's article, "The United States Indian Policy in Texas, 1845–1860." The State of "Texas had given only a few hundred acres of land in 1840, for the purpose of colonization". However, "In March 1847, … [a] special agent [was sent] to Texas to manage the Indian affairs in the State until Congress should take some definite and final action." The United States of America allowed its states to make up their own treaties such as this one in Texas for
2516-492: The US government in 1865. It holds that although Congress authorized land sales in this area, it did not diminish the jurisdiction of the tribe within the reservation boundaries. "Under Supreme Court precedent, only Congress can diminish a reservation." Asked for its opinion on a related matter related to the Omaha Tribe's law that liquor merchants on the reservation had to pay tribal license fees and sales taxes (see section below),
2590-577: The United States defined the boundaries of Indian County." Also, "For Unrau, Indigenous Country is less on Indigenous homeland and more a place where the U.S. removed Indians from east of the Mississippi River and applied unique laws." The United States of America applied laws on Indigenous Reservations depending on where they were located like the Mississippi River . This act came too, because "the federal government began to compress Indigenous lands because it needed to send troops to Texas during
2664-485: The United States of America, resulting in the forceful removal of Indigenous peoples into specific land Reservations. Scholarly author James Oberly discusses "The Treaty of 1831 between the Menominee Nation and the United States" in his article, "Decision on Duck Creek: Two Green Bay Reservations and Their Boundaries, 1816–1996", showing yet another treaty regarding Indigenous Reservations before 1850. There
2738-453: The United States, designated parcels which the nations, as sovereigns, " reserved " to themselves, and those parcels came to be called "reservations". The term remained in use after the federal government began to forcibly relocate nations to parcels of land to which they often had no historical or cultural connection. Compared to other population centers in the U.S., reservations are disproportionately located on or near toxic sites hazardous to
2812-508: 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,
2886-490: The Winnebago Reservation through an act of Congress on June 22, 1874, and a deed dated July 31, 1874. This reduced the Omaha Reservation to its present size. Federal legislation in the late nineteenth century caused the reservation to be allotted, ultimately enabling white settlers to buy most of the land on the reservation. An act on June 10, 1872, authorized the survey and sale of land on the western end of
2960-464: 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
3034-543: 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 wars with Native Americans which included some massacres. The most well-known conflict
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3108-756: 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
3182-962: The five-year allowance. Scholarly author Buck Woodard used executive papers from Governor William H. Cabell in his article, "Indian Land sales and allotment in Antebellum Virginia" to discuss Indigenous reservations in America before 1705, specifically in Virginia. He claims "the colonial government again recognized the Nottoway's land rights by treaty in 1713, at the conclusion of the Tuscaro War ." The indigenous peoples of America had land treaty agreements as early as 1713. The American Indigenous Reservation system started with "the Royal Proclamation of 1763 , where Great Britain set aside an enormous resource for Indians in
3256-411: The forms of government found outside the reservation. With the establishment of reservations, tribal territories diminished to a fraction of their original areas; customary Native American practices of land tenure were 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
3330-405: The health of those living or working in close proximity, including nuclear testing grounds and contaminated mines. The majority of American Indians and Alaska Natives live outside the reservations, mainly in the larger western cities such as Phoenix and Los Angeles . In 2012, there were more than 2.5 million Native Americans , with 1 million living on reservations. From the beginning of
3404-494: 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. Federally recognized Native American tribes possess limited tribal sovereignty and are able to exercise
3478-562: The lack of data on crime rates and law enforcement response. As of 2012, a high incidence of rape continued to impact Native American women. 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 U.S. 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
3552-710: The least incidence of death. Under federal law, alcohol sales are prohibited on Indian reservations unless the tribal councils allow it. Gang violence has become a major social problem. A December 13, 2009, article in The New York Times about growing gang violence on the Pine Ridge Indian Reservation estimated that there were 39 gangs with 5,000 members on that reservation alone. As opposed to traditional "Most Wanted" lists, Native Americans are often placed on regional Crime Stoppers lists offering rewards for their whereabouts. When
3626-487: 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 diminished. This situation prevails in connection with Indian gaming, because federal legislation makes
3700-416: The parties first to take their challenge to the Omaha Tribal Courts, as part of the tribal exhaustion doctrine, and denied the plaintiffs' request for dismissal. Judge Richard Kopf said he may not be bound by the tribal court, but wanted to hear their opinion. He required the parties to report back to him regularly until a ruling was made by the Omaha Tribal Courts. While the case was pending, the judge ordered
3774-625: The purpose of colonization. The passage of the Indian Removal Act of 1830 marked the systematization of a U.S. federal government policy of moving Native populations away from European-populated areas, whether forcibly or voluntarily. One example was the Five Civilized Tribes , who were removed from their historical homelands in the Southeastern United States and moved to Indian Territory , in
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#17327867858873848-433: The remaining Omaha tribal land to individual women and children who had been left out of the 1882 legislation. The sale of land on the reservation has led to numerous jurisdictional disputes between the Omaha Nation and the white-led government of Thurston County , which is entirely within the Omaha and Winnebago reservations. Special legislation in 1916 empowered the county to assess property tax on Omaha allotments, forcing
3922-601: The reservation (e.g., Enabling Act of 1910 at Section 20 ). As a general practice, such land may sit idle or be used for cattle grazing by tribal ranchers. 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
3996-418: The reservation, but the property initially failed to attract buyers, resulting in the sale of only 300.72 acres (1.2170 km) the first year. Through the lobbying efforts of anthropologist Alice Cunningham Fletcher , Congress passed another act on August 7, 1882, that divided the eastern portion of the reservation into individual allotments for Omaha tribal members, while authorizing the sale of land west of
4070-406: The reservation, not the U.S. state it is located in, but is subject to federal law. Court jurisdiction in Indian country is shared between tribes and the federal government, depending on the tribal affiliation of the parties involved and the specific crime or civil matter. Different reservations have different systems of government, which may or may not replicate the forms of government found outside
4144-567: The reservation. Most Native American reservations were established by the federal government but a small number, mainly in the East, owe their origin to state recognition . The term "reservation" is a legal designation. It comes from the conception of the Native American nations as independent sovereigns at the time the U.S. Constitution was ratified. Thus, early peace treaties (often signed under conditions of duress or fraud), in which Native American nations surrendered large portions of their land to
4218-586: The reservations. Likewise, over two million acres (8,000 km ) of land were returned to various tribes. Within a decade of Collier's retirement 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 were to be compensated, although many were not. Even though discontent and social rejection killed
4292-506: 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
4366-524: The right of self-governance, including but not limited to the ability to pass laws, regulate power and energy, create treaties, and hold tribal court hearings. Laws on tribal lands may vary from those of the surrounding area. The laws passed can, for example, permit legal casinos on reservations. The tribal council, not the local government or the United States federal government , often has jurisdiction over reservations. Different reservations have different systems of government, which may or may not replicate
4440-611: 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 American Revolution. On March 11, 1824, U.S. Vice President 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
4514-484: 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
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#17327867858874588-548: The state a party to any contractual or statutory agreement. Finally, occupancy on reservations can 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. Bureau of Indian Affairs (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 land for schools, but such land typically remains part of
4662-432: The state of Michigan, on the principle of said reserves being sold at the public land offices for their benefit and the actual proceeds being paid to them." The agreement dictated that the indigenous tribe sell their land to build a lighthouse. A treaty signed by John Forsyth, the Secretary of State on behalf of Van Buren, also dictates where indigenous peoples must live in terms of the reservation system in America between
4736-399: The territory of the present United States." The United States put forward another act when "Congress passed the Indian Removal Act in 1830". A third act pushed through was "the federal government relocated "portions of [the] 'Five Civilized Tribes' from the southeastern states in the Non-Intercourse Act of 1834 ." All three of these laws set into motion the Indigenous Reservation system in
4810-431: The total area of the United States and about the size of the state of Idaho . While most reservations are small compared to the average U.S. state, twelve Indian reservations are larger than the state of Rhode Island . The largest reservation, the Navajo Nation Reservation , is similar in size to the state of West Virginia . Reservations are unevenly distributed throughout the country, the majority being situated west of
4884-417: The tribal police tried to stop non-Omaha people from entering the reservation from Pender. The tribe negotiated with the state in 2003–2004 related to its policing functions in this area, but the parties signed no agreement. Prior to this period, the state generally had policing functions on the roads and in Pender. On March 22, 2016, the United States Supreme Court held, in a unanimous decision , that Pender
4958-411: 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
5032-484: The western boundary. In 2008 the village had voted for a five-year, 1% sales tax to finance its lawsuit on the boundary and liquor tax, as well as to promote economic development in the town. Residents voted in May 2012 on whether to renew the sales tax, as the boundary issue continued. Indian reservation An American Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation , whose government
5106-409: Was 4,526. The population density was 14.7 inhabitants per square mile (5.7/km). There were 1,563 housing units at an average density of 5.1 per square mile (2.0/km). The racial makeup of the reservation was 47.6% Native American , 47.5% White , 0.3% Asian , 0.2% Black or African American , 0.1% Pacific Islander , 1.6% from other races , and 2.7% from two or more races. Ethnically, the population
5180-414: Was 4.1% Hispanic or Latino of any race. Boundary claims and areas of jurisdiction have continued to be issues for the Omaha Indian Reservation. In the late nineteenth century, Congress authorized sales of land to non-Omaha in the western portion of the reservation, where European-American farmers had settled. Due to the sales and federal legislation subsequent to the treaty establishing the reservation,
5254-404: Was established by Easton Treaty with the colonial governments of New Jersey and Pennsylvania on August 29, 1758. Located in southern New Jersey , it was called Brotherton Indian Reservation and also Edgepillock or Edgepelick . The area was 3,284 acres (13.29 km ). Today it is called Indian Mills in Shamong Township . In 1764 the British government's Board of Trade proposed
5328-451: Was initiated by John Collier . 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
5402-624: Was noted in the Court's 2016 case Nebraska v. Parker , 577 U.S. ___ (2016), in which the Court held that an 1882 Act passed by Congress did not diminish the Omaha Reservation . The Solem case established a "diminishment doctrine" that U.S. courts could use when evaluating whether diminishment had taken place. In the 1994 case Hagen v. Utah , 510 U.S. 399 (1994), the Supreme Court held that Congress's 1902 Act had diminished
5476-671: 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 and the Modoc War , which marked the last conflict officially declared a 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
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