BIA map of reservations in the continental United States
O rezervație amerindiană, conform originalului American Indian reservation este o zonă de pământ controlat, deținut și gospodărit de triburile nativ-americane sub auspiciile Biroului de afaceri indiene (în engleză, Bureau of Indian Affairs care este parte a Departamentului afacerilor interne a Statelor Unite ale Americii (în engleză, United States Department of the Interior).
Există 310 de rezervații ameri-indiene în Statele Unite, însemnând că nu toate cele mai mult de 550 triburi recunoscute au o zonă recunoscută ca rezervație; dar unele dintre triburi au mai mult decât o rezervație, unele folosesc unele dintre rezervații în comun, iar alte triburi nu au niciuna. In addition, because of past land allotments, leading to some sales to non-Indians, 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 collective geographical area of all reservations is 55.7 million acres (225,410 km²), representing 2.3% of the area of the United States (2,379,400,204 acres; 9,629,091 km²). Twelve Indian reservations are larger than the state of Rhode Island (776,960 acres; 3,144 km²) and nine reservations larger than Delaware (1,316,480 acres; 5,327 km²). The territory of the Navajo Nation compares in size to West Virginia. Reservations are unevenly distributed throughout the country; the majority are west of the Mississippi River and occupy lands that were first reserved by treaty or 'granted' from the public domain.
Because tribes possess tribal sovereignty, even though it is limited, laws on tribal lands vary from the surrounding area. These laws can permit legal casinos on reservations, for example, which attract tourists. The tribal council, not the local or federal government, generally has jurisdiction over reservations. Different reservations have different systems of government, which may or may not replicate the forms of government found outside the reservation. Most Indian reservations were established by the federal government; a limited number, mainly in the East, owe their origin to state recognition.
The name "reservation" comes from the conception of the Indian tribes as independent sovereigns at the time the U.S. Constitution was ratified. Thus, the early peace treaties (often signed under duress) in which Indian tribes surrendered large portions of land to the U.S. also designated parcels which the tribes, as sovereigns, "reserved" to themselves, and those parcels came to be called "reservations." The term remained in use even after the federal government began to forcibly relocate tribes to parcels of land to which they had no historical connection.
At the present time, a slight majority of Native Americans and Alaska Natives live somewhere other than the reservations, often in big western cities such as Phoenix and Los Angeles. Today there are over 2.5 million Native Americans with about 1 million living on reservations.
Most Indian reservations, like the Laguna Indian reservation in New Mexico (pictured 1943), are in the western United States, often in arid regions unsuitable for agriculture.
In 1887, Congress undertook a significant change in reservation policy by the passage of the Dawes Act, or General Allotment (Severalty) Act.
Land Tenure and Federal Indian Law [modificare]
The Indian Reorganization Act of 1934, also known as the Howard-Wheeler Act, was sometimes called the Indian New Deal. 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.
Alte articole conexe [modificare]
Alte legături interne [modificare]
Bibliografie (în întregime în engleză) [modificare]
- J. P. Allen and E. Turner, Changing Faces, Changing Places: Mapping Southern Californians (Northridge, CA: The Center for Geographical Studies, California State University, Northridge, 2002).
- George Pierre Castle and Robert L. Bee, eds., State and Reservation: New Perspectives on Federal Indian Policy (Tucson: University of Arizona Press, 1992)
- Richmond L. Clow and Imre Sutton, eds., Trusteeship in Change: Toward Tribal Autonomy in Resource Management (Boulder: University Press of Colorado, 2001).
- Wade Davies and Richmond L. Clow, American Indian Sovereignty and Law: An Annotated Bibliography (Lanham,MD: Scarecrow Press, 2009).
- T. J. Ferguson and E. Richard Hart, A Zuni Atlas (Norman: University of Oklahoma Press, 1985)
- David H. Getches, Charles F. Wilkinson, and Robert A. Williams, Cases and Materials on Federal Indian Law, 4th ed. (St. Paul: West Group, 1998).
- Klaus Frantz, "Indian Reservations in the United States", Geography Research Paper 241 (Chicago: University of Chicago Press, 1999).
- James M. Goodman, The Navajo Atlas: Environments, Resources, People, and History of the Diné Bikeyah (Norman: University of Oklahoma Press, 1982).
- J. P. Kinney, A Continent Lost – A Civilization Won: Indian Land Tenure in America (Baltimore: Johns Hopkins University Press, 1937)
- Francis Paul Prucha, Atlas of American Indian Affairs (Norman: University of Nebraska Press, 1990).
- C. C. Royce, comp., Indian Land Cessions in the United States, 18th Annual Report, 1896–97, pt. 2 (Wash., D. C.: Bureau of American Ethnology; GPO 1899)
- Imre Sutton, "Cartographic Review of Indian Land Tenure and Territoriality: A Schematic Approach", American Indian Culture and Research Journal, 26:2 (2002): 63–113..
- Imre Sutton, Indian Land Tenure: Bibliographical Essays and a Guide to the Literature (NY: Clearwater Publ. 1975).
- Imre Sutton, ed., "The Political Geography of Indian Country", American Indian Culture and Resource Journal, 15()2):1–169 (1991).
- Imre Sutton, "Sovereign States and the Changing Definition of the Indian Reservation", Geographical Review, 66:3 (1976): 281–295.
- Veronica E. Velarde Tiller, ed., Tiller’s Guide to Indian Country: Economic Profiles of American Indian Reservations (Albuquerque: BowArrow Pub., 1996/2005)
- David J. Wishart and Oliver Froehling, "Land Ownership, Population and Jurisdiction: the Case of the 'Devils Lake Sioux Tribe v. North Dakota Public Service Commission'," American Indian Culture and Research Journal, 20(2): 33–58 (1996).
- Laura Woodward-Ney, Mapping Identity: The Coeur d’Alene Indian Reservation, 1803–1902 (Boulder: University Press of Colorado, 2004)
- ^ Sutton, 1991
- ^ Kinney, 1937; Sutton,1975
- ^ Davies & Clow; Sutton 1991.
- ^ For general data, see Tiller (1996).
- ^ See, e.g., United States v. Dion, Format:Ussc; Francis v. Francis, Format:Ussc.
- ^ Racial and Ethnic Residential Segregation in the United States: 1980-2000
- ^ For Los Angeles, see Allen, J. P. and E. Turner, 2002. Text and map of the metropolitan area show the widespread urban distribution of California and other Indians.
- ^ "US should return stolen land to Indian tribes, says United Nations". The Guardian. May 4, 2012.