Indian reservation

An Indian reservation in the United States is an area of land held and governed by a Native American tribal nation officially recognized by the U.S. federal government. The reservation's government is autonomous but subject to regulations passed by the United States Congress, and is administered by the United States Bureau of Indian Affairs. It is not subject, however, to a state or local government of the U.S. state in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.

The total area of all reservations is 56,200,000 acres (22,700,000 ha; 87,800 sq mi; 227,000 km²), approximately 2.3% of the total area of the United States and about the size of the state of Idaho. While most reservations are small compared to the average U.S. state, twelve Indian reservations are larger than the state of Rhode Island. The largest reservation, the Navajo Nation Reservation, is similar in size to the state of West Virginia. Reservations are unevenly distributed throughout the country, the majority being situated west of the Mississippi River and occupying lands that were first reserved by treaty (Indian Land Grants) from the public domain.

Because recognized Native American nations are subject to federal law, they possess limited tribal sovereignty. Thus, laws within tribal lands may vary from those of the surrounding and adjacent states. For example, these laws can permit casinos on reservations located within states which do not allow gambling. The tribal council generally has jurisdiction over the reservation, not the U.S. state in which it is located, or federal law. 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. Different reservations have different systems of government, which may or may not replicate the forms of government found outside the reservation. Most Native American reservations were established by the federal government but a small number, mainly in the East, owe their origin to state recognition.

The term "reservation" is a legal designation. It comes from the conception of the Native American nations as independent sovereigns at the time the U.S. Constitution was ratified. Thus, early peace treaties (often signed under conditions of duress or fraud), in which Native American nations surrendered large portions of their land to the United States, designated parcels which the nations, as sovereigns, "reserved" to themselves, and those parcels came to be called "reservations". The term remained in use after the federal government began to forcibly relocate nations to parcels of land to which they often had no historical or cultural connection. 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 majority of American Indians (excluding Alaska Natives, who no longer have reservations) live outside the reservations, mainly in the larger western cities such as Phoenix and Los Angeles. In 2012, there were more than 2.5 million Native Americans, with 1 million living on reservations.

From the beginning of the European colonization of the Americas, Europeans often removed Indigenous peoples from their homelands. The means varied, including treaties made under considerable duress, forceful ejection, violence, and in a few cases voluntary moves based on mutual agreement. The removal caused many problems such as tribes losing the means of livelihood by being restricted to a defined area, poor quality of land for agriculture, and hostility between tribes.

Early English settlers in the Americas entered into treaties with Native American tribes as a method of legitimizing their conquests in the face of competing claims by the Spanish Empire and violent resistance from the tribes themselves. Applying the term "treaty" to such unequal relationships may seem paradoxical from a modern perspective because in modern English, the word "treaty" usually connotes an agreement between two states of theoretically equal sovereignty, not an agreement between conquered people and a conqueror. However, in premodern times, it was common for European princes to routinely enter into unequal treaties with lesser dependent powers.

The first reservation was established by the Treaty of Easton with the colonial governments of New Jersey and Pennsylvania on August 29, 1758. Located in southern New Jersey, it was called Brotherton Indian Reservation and also Edgepillock or Edgepelick. The area was 3,284 acres (13.29 km²). Today it is called Indian Mills in Shamong Township.