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.
Compared to other population centers in the U.S., reservations are disproportionately located on or near toxic sites hazardous to the health of those living or working in close proximity, including nuclear testing grounds and contaminated mines.
The means varied, including treaties made under considerable duress, forceful ejection, violence, and in a few cases voluntary moves based on mutual agreement.
[28] The American Indigenous Reservation system started with "the Royal Proclamation of 1763, where Great Britain set aside an enormous resource for Indians in the territory of the present United States.
This act came too, because "the federal government began to compress Indigenous lands because it needed to send troops to Texas during the Mexican-American War and protect American immigration traveling to Oregon and California.
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 a forced mass migration that came to be known as the Trail of Tears.
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 American tribes.
[42] 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.
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.
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.
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.
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.
[63] This treaty was acknowledged and respected until 1874 when General George Custer discovered gold,[63] sending a wave of settlers into the area and leading to the realization of the value of the land from United States President Grant.
[63] Beginning in 1923, the Sioux made a 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.
[64] During President Barack Obama's campaign, he made indications that the case of the Black Hills was going to be solved with innovative solutions and consultation,[64] but this was questioned when White House Counsel Leonard Garment sent a note to The Ogala people saying, "The days of treaty-making with the American Indians ended in 1871; ...only Congress can rescind or change in any way statutes enacted since 1871.
"[63] The He Sapa Reparations Alliance[64] 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.
[66] 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.
[66] The Treaty of Buffalo Creek signed on 15 January 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.
Their way of life was threatened when the "New people", what the Navajo called white settlers, began conquering native tribes across the continent and claiming their land, as a result of Andrew Jackson's Indian Removal Act.
[76][77] The legacy of the Bennett Freeze looms over the region as seen by the nearly third-world conditions on the reservation – seventy-five percent of people do not have access to electricity and housing situations are poor.
The standard of living on some reservations is comparable to that in the developing world, with problems of infant mortality,[84] low life expectancy, poor nutrition, poverty, and alcohol and drug abuse.
[85] This disparity in living standards can partly be explained by centuries-long instances of settler colonialism which have systematically harmed Indigenous peoples' relations with land, and have attempted to erase their cultural ways of life.
[88] Others recognize the differences between the attitudes and perspectives that emerge from a comparison of Western European philosophy and Traditional Ecological Knowledge (TEK) of Indigenous peoples, especially when considering natural resource conflicts and management strategies involving multiple parties.
Starting in the mid-20th century reservations came to be increasingly located in areas contaminated with toxic runoff from current or historical industrial activities conducted by outside entities including private corporations as well as the federal government.
[...] Thus, federal policy, including the Indian Removal Act of 1830, was designed to displace Native Americans from coveted land and to relocate them to areas seen as relatively "valueless by nineteenth century standards"[86]
Diné children have a rate of testicular and ovarian cancer fifteen times the national average, and a fatal neurological disease called Navajo neuropathy has been closely linked to ingesting uranium-contaminated water during pregnancy".
Between 1951 and 1992, the U.S. and UK exploded 1,054 nuclear devices above and below ground [...] According to Sanchez, the Atomic Energy Commission would deliberately wait for clouds to blow north before conducting tests, so that the fallout would avoid any heavily populated areas such as Las Vegas and Los Angeles.
While some view this form of representation as the best and only practical means of influencing Northern policy, the actual involvement of tribal governments has been limited, and seen as perfunctory, and may be precluded by the procedural and structural mandates of federal law and legal precedent.