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Native American Reservation Lands, a general overview:

The term "lndian reservation" refers to the ancestral and other territory still occupied by a Native American nation. While there are approximately 565 federally recognized tribes/Nations in the U.S., there are only about 310 reservations. This means that almost one-third of all currently federally recognized tribes have lost their land bases as a result of colonization. There were well over 1",000 nations in existence prior to the forination of the U.S., but many were driven to extinction due to war, foreign disease, loss of resources and assimilation or absorption. Many groups have simply not been politically recognized by the U.S.

Initial Formation: Contrary to popular opinion, reservations are not lands given to Indians by the United States government. Quite the opposite is true; land was given to the U.S. by the tribes through treaties. What are now reservations is the land retained by the tribes after the treaty-based land cessions (not to mention other mechanisms by which the U.S. seized Indian lands without consent). Indian reservations are created in one of three ways: By treaty, by executive order of the President, or by an act of Congress.

Land in Trust: Based on fedbral Indian law, Indian reservations are lands held in frust for tribes by the federal government under the Bureau of Indian Affairs in the Department of the Interior. This means that the tribes technically do not own title to their own lands, but the trust relationship between tribes and the U.S, dictates that the U.S. has a fiduciary responsibility to administer and manage the lands and resources to the best advantage ofthe tribes.

Historically, the U.S. has failed miserably in its management responsibilities. Federal policies have led to massive land loss and gross negligence in resource extraction on reservation lands. For example, uranium mining in the southwest has led to dramatica\ increased levels of cancer on Navaio Nation and Pueblo lands. The mismanagement of trust lands resulted in the largest class action lawsuit in U.S. history, known as the Cobell case. It was claimed that nearly $200 billion had been mis-handled by the BIA. After 15 years of litigation the case was finally settled in 2010 by the Obama Administration.

Socioeconomic Realities: Generations of lawmakers have recognized the failures of federal Indian policy. These policies have consistently resulted in the highest levels of poverty and other negative social indicators compared to all other American populations, including substance abuse, mortality and suicide rates, education and others. Modern policies and laws have sought to promote independence and economic development on the reservations. One such law--the lndian Gaming Regulatory Act of 1988--recognizes the rights of Native Americans to operate casinos on their lands. While gaming has produced an overall positive economic affect in Indian country very few have realized significant wealth as a result of casinos.

Cultural Preservation: Among the outcomes of disastrous federal policies is the fact that most Native Americans no longer live on reservations. It's true that reservation life is very difficult in some ways, but most Native Americans that can trace their ancestry to a particular reservation tend to think of it as home. Native Americans are place-based people; their cultures are reflective of their relationship to the land and their continuity on it, even when they have endured displacement and relocation.

Reservations are centers ofcultural preservation and revitalization. Even though the process of colonization has resulted in much loss of Native culture, much is still retained as Native Americans have adapted to modern life. Reservations are places where traditional languages are still spoken, where traditional arts and crafts are still created, where ancient dances and ceremonies are still performed, and where origin stories are still told.

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