The Indian Territory and the Indian Territories are terms that generally describe an evolving land area set aside by the United States Government for the relocation of Native Americans who held aboriginal title to their land as a sovereign independent state. In general, the tribes ceded land they occupied in exchange for land grants in 1803. The concept of an Indian Territory was an outcome of the US federal government's 18th- and 19th-century policy of Indian removal. After the American Civil War (1861–1865), the policy of the US government was one of assimilation.
Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. Then the Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871, without any input from Native Americans, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as "domestic dependent nations" and uses its own legal system to define the relationship between the federal, state, and tribal governments.
An Indian reservation is a legal designation for an area of land managed by a federally recognized Native American tribe under the U.S. Bureau of Indian Affairs rather than the state governments of the United States in which they are physically located. Each of the 326 Indian reservations in the United States is associated with a particular Native American nation. Some of the country's 574 federally recognized tribes have more than one reservation, while some share reservations, and others have no reservations at all. In addition, because of past land allotments, leading to some sales to non–Native Americans, some reservations are severely fragmented, with each piece of tribal, individual, and privately held land being a separate enclave. This jumble of private and public real estate creates significant administrative, political, and legal difficulties.
The Great Sioux Reservation was the original area encompassing what are today the various Sioux Indian reservations in South Dakota and Nebraska.
The Uintah and Ouray Indian Reservation is located in northeastern Utah, United States. It is the homeland of the Ute Indian Tribe, and is the largest of three Indian reservations inhabited by members of the Ute Tribe of Native Americans.
The Major Crimes Act is a law passed by the United States Congress in 1885 as the final section of the Indian Appropriations Act of that year. The law places certain crimes under federal jurisdiction if they are committed by a Native American in Native territory. The law follows the 1817 General Crimes Act, which extended federal jurisdiction to crimes committed in Native territory but did not cover crimes committed by Native Americans against Native Americans. The Major Crimes Act therefore broadened federal jurisdiction in Native territory by extending it to some crimes committed by Native Americans against Native Americans. The Major Crimes Act was passed by Congress in response to the Supreme Court of the United States's ruling in Ex parte Crow Dog that overturned the federal court conviction of Brule Lakota sub-chief Crow Dog for the murder of principal chief Spotted Tail on the Rosebud Indian Reservation.
Hodel v. Irving, 481 U.S. 704 (1987), is a case in which the U.S. Supreme Court held that a statute ordering the escheat of fractional interests in real property which had been bequeathed to members of the Oglala Sioux tribe was an unconstitutional taking which required just compensation.
Indian country jurisdiction, or the extent which tribal powers apply to legal situations in the United States, has undergone many drastic shifts since the beginning of European settlement in America. Over time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy toward Indians. Numerous Supreme Court decisions have created important precedents in Indian country jurisdiction, such as Worcester v. Georgia, Oliphant v. Suquamish Tribe, and Montana v. United States.
South Dakota v. Bourland, 508 U.S. 679 (1993), was a case in which the Supreme Court of the United States held that Congress specifically abrogated treaty rights with the Cheyenne River Sioux Tribe as to hunting and fishing rights on reservation lands that were acquired for a reservoir.
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title. Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust.
An Organic Act is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history an explanation of the Oklahoma Organic Act needs a historic perspective. In general, the Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction, enacted by Congress in preparation for the creation of a unified State of Oklahoma. The Organic Act created Oklahoma Territory, and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property.
Oklahoma Tax Commission v. Sac & Fox Nation, 508 U.S. 114 (1993), was a case in which the Supreme Court of the United States held that absent explicit congressional direction to the contrary, it must be presumed that a State does not have jurisdiction to tax tribal members who live and work in Indian country, whether the particular territory consists of a formal or informal reservation, allotted lands, or dependent Indian communities.
United States v. Mitchell, 463 U.S. 206 (1983), was a case in which the Supreme Court of the United States held that the United States is accountable in money damages for alleged breaches of trust in connection with its management of forest resources on allotted lands of the Quinault Reservation.
Seymour v. Superintendent of Wash. State Penitentiary, 368 U.S. 351 (1962), was a case in which the Supreme Court of the United States that the state of Washington did not have jurisdiction to try an Indian for a crime committed within the boundaries of the Colville Indian Reservation, even if the crime was committed on land now owned by a non-Indian.
United States v. John, 437 U.S. 634 (1978), was a case in which the Supreme Court of the United States held that lands designated as a reservation in Mississippi are "Indian country" as defined by statute, although the reservation was established nearly a century after Indian removal and related treaties. The court ruled that, under the Major Crimes Act, the State has no jurisdiction to try a Native American for crimes covered by that act that occurred on reservation land.
Both Oklahoma Territory and Indian Territory contained suzerain Indian nations that had legally established boundaries. The US Federal government broke up collective tribal landholdings through the allotment process before the establishment of Oklahoma as a state in 1907. Tribal jurisdictional areas replaced the tribal governments, with the exception of the Osage Nation. As confirmed by the Osage Nation Reaffirmation Act of 2004, the Osage Nation retains mineral rights to their reservation, the so-called "Underground Reservation".
Nebraska v. Parker, 577 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that Congress's 1882 Act did not diminish the Omaha Indian Reservation. The disputed land is within the reservation's boundaries.
Diminishment is the legal process by which the United States Congress can reduce the size of an Indian reservation.
Sharp v. Murphy, 591 U.S. ___ (2020), was a Supreme Court of the United States case of whether Congress disestablished the Muscogee (Creek) Nation reservation. After holding the case from the 2018 term, the case was decided on July 9, 2020, in a per curiam decision following McGirt v. Oklahoma that, for the purposes of the Major Crimes Act, the reservations were never disestablished and remain Native American country.
McGirt v. Oklahoma, 591 U.S. ___ (2020), was a landmark United States Supreme Court case which ruled that, as pertaining to the Major Crimes Act, much of the eastern portion of the state of Oklahoma remains as Native American lands of the prior Indian reservations of the Five Civilized Tribes, never disestablished by Congress as part of the Oklahoma Enabling Act of 1906. McGirt was related to Sharp v. Murphy, 591 U.S. ___ (2020), heard in the 2018–19 term on the same question but which was believed to be deadlocked due to Justice Neil Gorsuch's recusal; Gorsuch recused because he had prior judicial oversight of the case. Sharp was decided per curiam alongside McGirt.
