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A recent challenge faced by Native Americans regarding land and natural resource sovereignty has been posed by the modern real estate market. While Native Nations have made substantial progress in land and resource sovereignty, such authority is limited to land classified as 'Native American owned.'
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 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.
Conflict between the Ponca and the Sioux/Lakota, who now claimed the land as their own by U.S. law, forced the U.S. to remove the Ponca from their own ancestral lands to Indian Territory in 1877, parts of the current Kay and Noble counties in Oklahoma. The land proved to be less than desirable for agriculture and many of the tribe moved back to ...
There was also a substantial decrease in the amount of land owned by Native Americans. In 1887 the Indians had held 138 million acres (560,000 km 2). By 1934, the amount of land held by Indians had dropped to 48 million acres (190,000 km 2), and of that over 20 million acres (81,000 km 2) was desert. [10]
Non-Indians were not allowed to own land on reservations, which limited the dollar value of the land since there was a smaller market capable of buying it. The process of allotment started with the General Allotment Act of 1887. By 1934, two-thirds of Indian land had converted to traditional private ownership (i.e., it was owned in fee simple ...
According to the 2000 census, an estimated 400,000 Native Americans reside on reservation land. While some tribes have had success with gaming, only 40% of the 562 federally recognized tribes operate casinos. [162] According to a 2007 survey by the U.S. Small Business Administration, only 1% of Native Americans own and operate a business. [163]
Historically, Indian country was considered the areas, regions, territories or countries beyond the frontier of settlement that were inhabited primarily by Native Americans. Colonists made treaties with Native Americans, agreeing to offer services and protection indefinitely in exchange for peaceful transfer of Native American land.
Thus, Native Americans could not sale land unless it was to the United States. [24] Cherokee Nation v. Georgia (1831) was another setback for Native rights, with a ruling that deduced the Cherokee Nation to a "dependent domestic nation" that was "under the sovereignty and dominion of the United States." [24] A year later, however, in Worcester v.