Black Hills Land Claim
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The Black Hills land claim is an ongoing land dispute between Native Americans from the
Sioux Nation The Great Sioux Nation is the traditional political structure of the Sioux in North America. The peoples who speak the Sioux language are considered to be members of the Oceti Sakowin (''Očhéthi Šakówiŋ'', pronounced ) or Seven Council Fire ...
and the
United States government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
over the
Black Hills The Black Hills ( lkt, Ȟe Sápa; chy, Moʼȯhta-voʼhonáaeva; hid, awaxaawi shiibisha) is an isolated mountain range rising from the Great Plains of North America in western South Dakota and extending into Wyoming, United States. Black ...
mountain range in the US states of South Dakota and Wyoming. The land in question was pledged to the Sioux Nation in the Fort Laramie Treaty of April 29, 1868, but a few years later illegally seized and the treaty nullified in the Indian Appropriations Bill of 1876 without the tribe's consent. That bill "denied the Sioux all further appropriation and treaty-guaranteed annuities" until they gave up the Black Hills. A Supreme Court case was ruled in favor of the Sioux in 1980. The Sioux have outstanding issues with the ruling and have not collected the funds. As of 2011, the award was worth over $1 billion. The Sioux tribes eventually managed to purchase a portion, out of the total 6,000 square miles of disputed land in western
South Dakota South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota peo ...
and northeastern
Wyoming Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
, in November 2012 which included the sacred Pe' Sla site. The Pe Sla' site's federal Indian trust status, which was granted by the Bureau of Indian Affairs in 2016, was acknowledged by Pennington County in 2017. In 2016 and 2018, some Cheyenne and Sioux tribes managed to purchase land near the sacred
Bear Butte Bear Butte is a geological laccolith feature located near Sturgis, South Dakota, United States, that was established as a State Park in 1961. An important landmark and religious site for the Plains Indians tribes long before Europeans reached Sout ...
, which serves as a state park.


Background

The
Black Hills The Black Hills ( lkt, Ȟe Sápa; chy, Moʼȯhta-voʼhonáaeva; hid, awaxaawi shiibisha) is an isolated mountain range rising from the Great Plains of North America in western South Dakota and extending into Wyoming, United States. Black ...
, the United States' oldest
mountain range A mountain range or hill range is a series of mountains or hills arranged in a line and connected by high ground. A mountain system or mountain belt is a group of mountain ranges with similarity in form, structure, and alignment that have arise ...
, is long and wide stretching across South Dakota and Wyoming.United States Forest Service
Black Hills National Forest
Online. November 2, 2009.
The Black Hills derived its name from the black image that is produced by the "thick forest of pine and spruce trees" that covers the hills and was given the name by the Native Americans belonging to the
Lakota Lakota may refer to: * Lakota people, a confederation of seven related Native American tribes *Lakota language, the language of the Lakota peoples Place names In the United States: * Lakota, Iowa * Lakota, North Dakota, seat of Nelson County * La ...
(Sioux).South Dakota
''Black Hills National Forest''
Online. November 2, 2009.
The Lakota Sioux settled the area in about 1765 after being pushed out of Wisconsin and Minnesota by European settlers and Chippewa tribes. The tribe quickly adapted to plains-life, with the bison at the center of their culture. The
Great Sioux Reservation The Great Sioux Reservation initially set aside land west of the Missouri River in South Dakota and Nebraska for the use of the Lakota Sioux, who had dominated this territory. The reservation was established in the Fort Laramie Treaty of 1868 ...
, including the
Black Hills The Black Hills ( lkt, Ȟe Sápa; chy, Moʼȯhta-voʼhonáaeva; hid, awaxaawi shiibisha) is an isolated mountain range rising from the Great Plains of North America in western South Dakota and extending into Wyoming, United States. Black ...
, was "set apart for the absolute and undisturbed use and occupation of the Indians" in the Fort Laramie Treaty of April 29, 1868. Those treaties were not upheld by the United States, and the Sioux Nation was eventually forcibly removed. The Supreme Court ruled in 1980 ( US v Sioux Nation) that the Sioux Nation never received just compensation for their land, writing "a more ripe and rank case of dishonorable dealings will never, in all probability, be found in our history." The Court concluded that Congress had failed to "makes a good faith effort to give the Indians the full value of the land." The Court ordered "just compensation to the Sioux Nation, and that obligation, including an award of interest, must now, at last, be paid." However, the Sioux Nation refused the monetary award, stating that their goal was return of the land. The land of the Black Hills has a United States Federal Government presence where it is home to five national parks:
Mount Rushmore National Memorial Mount Rushmore National Memorial is a national memorial centered on a colossal sculpture carved into the granite face of Mount Rushmore (Lakota: ''Tȟuŋkášila Šákpe'', or Six Grandfathers) in the Black Hills near Keystone, South Dakota ...
,
Badlands National Park Badlands National Park ( lkt, Makȟóšiča) is an American national park located in southwestern South Dakota. The park protects of sharply eroded buttes and pinnacles, along with the largest undisturbed mixed grass prairie in the United State ...
,
Devils Tower National Monument Devils Tower (also known as Bear Lodge Butte) is a butte, possibly laccolithic, composed of igneous rock in the Bear Lodge Ranger District of the Black Hills, near Hulett and Sundance in Crook County, northeastern Wyoming, above the Belle Fo ...
,
Jewel Cave National Monument Jewel Cave National Monument contains Jewel Cave, currently the third longest cave in the world, with of mapped passageways. It is located approximately west of the town of Custer in Black Hills of South Dakota. It became a national monument ...
and
Wind Cave National Park Wind Cave National Park is an American national park located north of the town of Hot Springs in western South Dakota. Established on January 3, 1903 by President Theodore Roosevelt, it was the sixth national park in the U.S. and the first ca ...
.Black Hills and Bad Lands
. ''National Parks''. Online. November 2, 2009.
Black Elk Peak Black Elk Peak is the highest natural point in the U.S. state of South Dakota and the Midwestern United States. It lies in the Black Elk Wilderness area, in southern Pennington County, in the Black Hills National Forest. The peak lies west-sout ...
, formerly Harney Peak, is the highest summit of the Black Hills at and is located within the of the
Black Hills National Forest Black Hills National Forest is located in southwestern South Dakota and northeastern Wyoming, United States. The forest has an area of over 1.25 million acres (5,066 km²) and is managed by the Forest Service. Forest headquarters are locate ...
.United States Forest Service
''Black Hills National Forests''
Online. November 2, 2009.
Black Elk Peak is a Lakota religious landmark and a popular hiking destination. The presence of Native Americans in the Black Hills is represented by the
Crazy Horse Memorial The Crazy Horse Memorial is a mountain monument under construction on privately held land in the Black Hills, in Custer County, South Dakota, United States. It will depict the Oglala Lakota warrior Crazy Horse, riding a horse and pointing to hi ...
, which is a carved sculpture in the mountains of the martyred Lakota leader, Crazy Horse. The sculpture is designed to symbolize the culture, tradition and living heritage of North American IndiansCrazy Horse Memorial
''The Story of the Crazy Horse Memorial''
. Online. November 2, 2009.
although its construction has been
controversial Controversy is a state of prolonged public dispute or debate, usually concerning a matter of conflicting opinion or point of view. The word was coined from the Latin ''controversia'', as a composite of ''controversus'' – "turned in an opposite ...
within the tribe.


Religion and the Black Hills

The Lakotas,
Cheyennes The Cheyenne ( ) are an Indigenous people of the Great Plains. Their Cheyenne language belongs to the Algonquian language family. Today, the Cheyenne people are split into two federally recognized nations: the Southern Cheyenne, who are enrol ...
,
Arapahos The Arapaho (; french: Arapahos, ) are a Native American people historically living on the plains of Colorado and Wyoming. They were close allies of the Cheyenne tribe and loosely aligned with the Lakota and Dakota. By the 1850s, Arapaho band ...
,
Kiowas Kiowa () people are a Native American tribe and an indigenous people of the Great Plains of the United States. They migrated southward from western Montana into the Rocky Mountains in Colorado in the 17th and 18th centuries,Pritzker 326 and eve ...
and Kiowa-Apaches believe the land to be sacred.Linea Sundstrom, "Cross-Cultural Transference of the Sacred Geography of the Black Hills," ''World Archaeology'' 28, no. 2 (Oct. 1996): 177. Their religion holds that traditional religious ceremonies should be held within the Black Hills, though by necessity they are now held inside and outside of the Black Hills. Some outsiders use the latter fact to conclude that the land is not needed to perform the ceremonies.David B. Miller, "Historian's View of S. 705: The Sioux Nation Black Hills Bill," ''Wíčazo Ša Review'' 4, no. 1 (Spring. 1988): 56. The land has significant resources and minerals, which was the primary driver for its seizure in the mid-1800s, and an important factor in why many people oppose its return to the Lakota. Some believe that the Sioux did not willingly choose to inhabit the Black Hills, but were forced on to the land by military conquest of other tribes. If the Black Hills were not originally inhabited by the Sioux, they conclude, the Sioux have no rights to the land. However, the Fort Laramie Treaty between the United States and the Sioux Nation unambiguously recognized their ownership of the land.


History


First encounters

From unrecorded history to first recorded history, the Lakota Sioux camped in the winter in the Black Hills, following the bison migration from Canada to Mexico. They did not come across a United States governmental spokesperson until the
Lewis and Clark Expedition The Lewis and Clark Expedition, also known as the Corps of Discovery Expedition, was the United States expedition to cross the newly acquired western portion of the country after the Louisiana Purchase. The Corps of Discovery was a select gro ...
in 1804 near the Missouri River. The two men refrained from entering the Black Hills because they lacked governmental jurisdiction and feared the deadly consequences of entering sacred land. Moreover, the Teton Sioux first embraced Lewis and Clark with gifts and food and in return, Lewis and Clark notified the Indians that the United States controlled much of the Sioux lands under the newly obtained
Louisiana Territory The Territory of Louisiana or Louisiana Territory was an organized incorporated territory of the United States that existed from July 4, 1805, until June 4, 1812, when it was renamed the Missouri Territory. The territory was formed out of the ...
by distributing medals to symbolize peace and American citizenship. The Lewis and Clark expedition led to the formation of the
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
and American fur companies in 1808. As a result, the United States regulated trade outside of the Black Hills. To maintain peace, the United States government offered the Sioux full protection from harm and of property as well as gave the Sioux permission to hand over intruders to the United States government for further punishment. The sacredness of the Black Hills kept intruders out until Jedediah Smith's expedition of 15 traders into the Black Hills in 1823.Wind Cave National Park
''History of the Black Hills''
. Online. October 20, 2009.


Origin of the land claim

In 1849 the
Californian Gold Rush The California Gold Rush (1848–1855) was a gold rush that began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The news of gold brought approximately 300,000 people to California fro ...
attracted prospectors to the Black Hills, who were often killed by the Lakota as result of encroaching on the sacred grounds. As a result, the
Treaty of Fort Laramie (1851) The Fort Laramie Treaty of 1851 was signed on September 17, 1851 between United States treaty commissioners and representatives of the Cheyenne, Sioux, Arapaho, Crow, Assiniboine, Mandan, Hidatsa, and Arikara Nations. Also known as Horse Cree ...
was formed to establish land rights and maintain peace between travelling miners and the Cheyenne, Sioux, Arapaho, Crow, Assiniboine, Mandan, Hidatsa, and Arikara nations. Under this treaty, the formation of reservations began where pieces of allotted land were distributed to the several tribes. The treaty recognized the Sioux territory of the Black Hills which were located between the
North Platte River The North Platte River is a major tributary of the Platte River and is approximately long, counting its many curves.U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map accessed March 21, 2011 In a ...
and
Yellowstone River The Yellowstone River is a tributary of the Missouri River, approximately long, in the Western United States. Considered the principal tributary of upper Missouri, via its own tributaries it drains an area with headwaters across the mountains an ...
and obligated the government to pay $50,000 annually. However, a United States military war against
Red Cloud Red Cloud ( lkt, Maȟpíya Lúta, italic=no) (born 1822 – December 10, 1909) was a leader of the Oglala Lakota from 1868 to 1909. He was one of the most capable Native American opponents whom the United States Army faced in the western ...
proved to be a victory for the Sioux, which resulted in the
Treaty of Fort Laramie (1868) The Treaty of Fort Laramie (also the Sioux Treaty of 1868) is an agreement between the United States and the Oglala, Miniconjou, and Brulé bands of Lakota people, Yanktonai Dakota and Arapaho Nation, following the failure of the first F ...
. This treaty ultimately protected the Black Hills from white settlement. The treaty was violated when gold was discovered in
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
in 1874. However, the Sioux did not face intruders until Brevet Major General
George Armstrong Custer George Armstrong Custer (December 5, 1839 – June 25, 1876) was a United States Army officer and cavalry commander in the American Civil War and the American Indian Wars. Custer graduated from West Point in 1861 at the bottom of his class, b ...
and his army entered the Black Hills in 1874 and publicly announced their discovery of gold. By 1875 the announcement led to the establishment of large mining towns, such as Deadwood,
Central City In urban planning, a core city, principal city metropolitan core, or central city, is the largest or most important city or cities of a metropolitan area. A core city is surrounded by smaller satellite cities, towns, and suburbs. A central city ...
and
Lead Lead is a chemical element with the symbol Pb (from the Latin ) and atomic number 82. It is a heavy metal that is denser than most common materials. Lead is soft and malleable, and also has a relatively low melting point. When freshly cu ...
within the Black Hills.Akta Lakota Museum and Cultural Center
"Paha Sapa, Black Hills."
Online. October 20, 2009.
Accordingly, the United States unilaterally imposed the
Manypenny Agreement ''Manypenny Agreement'' is a United States Congressional act passed on February 28, 1877, it officially removed ownership of the Black Hills The Black Hills ( lkt, Ȟe Sápa; chy, Moʼȯhta-voʼhonáaeva; hid, awaxaawi shiibisha) is an iso ...
, claimed the land, and officially removed the Black Hills from the Sioux Reservation by passing the Congressional Act of February 28, 1877. (19 Stat., 254)


Land rights and treaties


1851 Fort Laramie Treaty

Congress passed an appropriations bill in February 1851 to allow Commissioner of Indian Affairs Luke Lea to negotiate with the Native Americans living on the Black Hills.Burton, Smith. "Politics and the Crow Indian Land Cessions." ''Montana'': ''The Magazine of Western History'' 36, no. 4 (Autumn. 1986), 27. The Fort Laramie Treaty was developed to prevent further harm of the natural resources in the Black Hills that were damaged by miners travelling to California. The treaty also developed boundaries for the Sioux and promoted peace between white settlers and plain Indians. Consequently, the treaty favoured United States expansionism when the Sioux agreed to the development of railroads and trails within their territory. In contrast, the treaty did prove beneficial to the Sioux nation, where the government agreed to pay the tribe $50,000 each year for 50 years and recognized land rights of the Sioux and their right to self-governance within their boundaries. However, the United States violated the treaty a year later on May 24, 1852, when the United States Senate decreased the payment of $50,000 for fifty years to ten years.Smith Burton, "Politics and the Crow Indian Land Cessions." ''Montana: The Magazine of Western History'' 36, no. 4 (Autumn. 1986), p. 28.


1868 Fort Laramie Treaty

On December 21, 1866, a supply train, travelling on
Bozeman Trail The Bozeman Trail was an overland route in the western United States, connecting the gold rush territory of southern Montana to the Oregon Trail in eastern Wyoming. Its most important period was from 1863–68. Despite the fact that the major pa ...
was attacked by Sioux Indians. Soldiers under the command of Captain
William Fetterman William Judd Fetterman (1833 – December 21, 1866) was an officer in the United States Army during the American Civil War and the subsequent Red Cloud's War on the Great Plains. Fetterman and his command of 80 men were killed in the Fetterm ...
at
Fort Kearny Fort Kearny was a historic outpost of the United States Army founded in 1848 in the western U.S. during the middle and late 19th century. The fort was named after Col. and later General Stephen Watts Kearny. The outpost was located along the Or ...
retaliated but were all killed by a small Sioux army led by
Red Cloud Red Cloud ( lkt, Maȟpíya Lúta, italic=no) (born 1822 – December 10, 1909) was a leader of the Oglala Lakota from 1868 to 1909. He was one of the most capable Native American opponents whom the United States Army faced in the western ...
. United States Congress responded on July 20, 1867, by creating the
Indian Peace Commission The Indian Peace Commission (also the Sherman, Taylor, or Great Peace Commission) was a group formed by an act of Congress on July 20, 1867 "to establish peace with certain hostile Indian tribes." It was composed of four civilians and three, la ...
. The peace expedition was led by Lieutenant General
William Tecumseh Sherman William Tecumseh Sherman ( ; February 8, 1820February 14, 1891) was an American soldier, businessman, educator, and author. He served as a general in the Union Army during the American Civil War (1861–1865), achieving recognition for his com ...
. While negotiating, Sioux Indian
Spotted Tail Spotted Tail (Siŋté Glešká pronounced ''gleh-shka''; birth name T'at'aŋka Napsíca "Jumping Buffalo"Ingham (2013) uses 'c' to represent 'č'. ); born c. 1823 – died August 5, 1881) was a Brulé Lakota tribal chief. Although a great warr ...
, representing the Indians of Powder River stated "We object to the Powder River road. The country which we live in is cut up by white men, who drive away all the game. That is the cause of our troubles." General Sherman responded by saying that the government would not close down the trail but would compensate the Indians for any damages travellers may have caused to the land. Red Cloud hesitated to sign the treaty, but eventually agreed to the terms on November 6, 1868. In relation to the Black Hills land claim, Article 2 established the
Great Sioux Reservation The Great Sioux Reservation initially set aside land west of the Missouri River in South Dakota and Nebraska for the use of the Lakota Sioux, who had dominated this territory. The reservation was established in the Fort Laramie Treaty of 1868 ...
and placed restrictions on hunting lands. Article 11 of the treaty states that "parties to this agreement hereby stipulate that they will relinquish all right to occupy permanently the territory outside their reservation as herein defined, but yet reserve the right to hunt on any lands north of North Platte and on the Republican Fork of the Smoky Hill River." Article 12, which remains standing today, declared that future land cessions would require the signatures of at least three-fourths of native American occupants. Shortly after the signing of the treaty, two tribes residing near Republican Fork killed several white settlers, who were illegally encroaching on Sioux land. This resulted in another violation of the treaty where the United States removed Sioux land rights to the Republican Fork.


"Sell or Starve" and the Act of 1877

After the defeat at the
Battle of the Little Bighorn The Battle of the Little Bighorn, known to the Lakota and other Plains Indians as the Battle of the Greasy Grass, and also commonly referred to as Custer's Last Stand, was an armed engagement between combined forces of the Lakota Sioux, Nor ...
in June 1876, Congress responded by attaching what the Sioux call the "sell or starve" rider () to the Indian Appropriations Act of 1876 (, enacted August 15, 1876) which cut off all rations for the Sioux until they terminated hostilities and ceded the Black Hills to the United States. The Agreement of 1877, also known as the Act of February 28, 1877 (), is the most controversial treaty regarding the Black Hills land claims. The treaty officially took away Sioux land, and permanently established Indian reservations. Article 1 of the act modifies the boundaries of reservations stated in the 1868 Fort Laramie Treaty, while Article 2 allows the United States government to establish roads for settlers to travel upon when crossing the territory. Also, Article 7 states that only full blood Indians residing on the reservation are allowed to the agreements and benefits from this act as well as past treaties. The controversies around this act state that the government purchased the land from the reservation but there is no valid record of this transaction. This act was also in violation of Article 12 of the 1868 Fort Laramie Treaty and consequently became a central point of contestation for land rights over the Black Hills.


Attempts to reinstate claim

The legal struggle for the Black Hills land claim began in the early 1920s under tribal lawyer Richard Case where he argued that the 1877 Act of February was illegal and that the United States never made a legitimate purchase of the land. Tribal Lawyers Marvin Sonosky and Arthur Lazarus took over the case in 1956 until they won in 1980.Taylor, Stuart Jr
"Big Wampum for a Legal Tribe."
''The New York Times'', May 31, 1981.
Despite this legal victory, the Sioux refused to accept payment for the land and the dispute over the Black Hills continues to this day.


1979

The United States Court of Claims on June 13, 1979, in a 5-2 majority, decided that the 1877 Act that seized the Black Hills from the Sioux was a violation of the Fifth Amendment. On July 31, 1979, the Sioux were awarded $17.5 million with 5 percent interest totaling $105 million. However, the victory was short lived. The Sioux declined to accept the money, because acceptance would legally terminate Sioux demands for return of the Black Hills. The money remains in a Bureau of Indian Affairs account accruing compound interest. As of 2011, the Sioux's award plus interest was "about $1 billion" or "1.3 billion" (equivalent to $1.14-$1.48 billion in 2019). Furthermore, the two lawyers continued to work with the government to provide the tribe with just compensation for violating the 1868 Fort Laramie Treaty. In September 1979, Sonosky and Lazarus offered the tribe $44 million as a settlement for the violation in 1868, but were met with hostility. On October 17, 1979, Solicitor General Wade McCree of the Justice Department sent an appeal to the United States Supreme Court over the initial ruling by the Court of Claims and on November 21, 1979, the Supreme Court set a date to review the claim and on December 10, the appeal was granted.


1980 - Supreme Court case

The Supreme Court case ''
United States v. Sioux Nation of Indians ''United States v. Sioux Nation of Indians'', 448 U.S. 371 (1980), was a United States Supreme Court case in which the Court held that: 1) the enactment by Congress of a law allowing the Sioux Nation to pursue a claim against the United States tha ...
'' was argued on March 24, 1980.''United States v. Sioux Nation of Indians'', 448 U.S. 371 (1980). On June 30, 1980, the United States Supreme Court ruled in an 8-1 majority to uphold the United States Court of Claims' initial ruling, awarding the Sioux nation $106 million, which resulted in the largest sum ever given to an Indian tribe for illegally seized territory. However, a complaint was filed to the United States District Court on July 1, 1980, by a member of the Sioux tribe asking the United States Supreme Court to prevent Arthur Lazarus from accepting any compensation that was awarded on behalf of the tribe. The tribe stated that they did not sign a legal contract with Lazarus, and that he did not represent their view. On July 9, 1980, in a unanimous decision, the Sioux tribal council refused to accept $106 million award to them. The tribal council argued that "the Supreme Court decision should be vacated on the grounds that the Tribe was not represented in those proceedings."


1981

On July 18, 1981, Mario Gonzalez filed a lawsuit asking for of the Black Hills in South Dakota and $11 billion in damages. The claim was that $1 billion would go to aid the poor standard of living from the seizure of the land while the other $10 billion would be used to remove "nonrenewable resources from the Hills." A ''New York Times'' article "Around the Nation: Appeal Court Rejects Suit, By Indians Over Black Hills" on June 3, 1981, stated that a United States Federal appeals court denied the terms of the lawsuit and ruled that the Indian Claims Commission was the only mechanism Congress has authorized for hearing land cases of this type, and it was now terminated.Associated Press
"Around the Nation; Appeals Court Rejects Suit, By Indians Over Black Hills."
''The New York Times'', August 27, 1981.
On October 6, Arthur Lazarus filed for attorney fees for himself and the two other lawyers, Howard Payne and Marvin J. Sonosky, who participated in the
United States v. Sioux Nation of Indians ''United States v. Sioux Nation of Indians'', 448 U.S. 371 (1980), was a United States Supreme Court case in which the Court held that: 1) the enactment by Congress of a law allowing the Sioux Nation to pursue a claim against the United States tha ...
but were never paid. On May 21, 1981, the United States Court of Claims granted the three lawyers with 10 percent of the $106 million awarded, which totaled $10.6 million. However, many Sioux Indians disagreed with the awarded fees and believed that the lawyers deserved nothing because the tribes did not want money as a form of compensation. The issue of land over money as compensation continued through 1981. In April, 40 Indians constructed a camp in Yellow Camp, located in the Black Hills to protest the United States Forest Service's removal of all Indians living on that territory by September 8 of that year; however, they did not succeed.Associated Press
"Around the Nation; Indians Ordered to Leave Black Hills Encampment,"
''The New York Times'', August 27, 1981.


1982

The appeal brought by
Pine Ridge Indian Reservation The Pine Ridge Indian Reservation ( lkt, Wazí Aháŋhaŋ Oyáŋke), also called Pine Ridge Agency, is an Oglala Lakota Indian reservation located entirely within the U.S. state of South Dakota. Originally included within the territory of the Gr ...
, in 1981 for of South Dakota Black Hills land and $11 billion was denied by the United States Supreme Court and resulted in the involvement of the United Nations which was investigating if this denial breached international law.Greenhouse, Linda
"Sioux Lose Fight for Land in Dakota,"
''The New York Times'', January 19, 1982.


1983

After several denials of appeals brought by tribal lawyer Mario Gonzalez, the Black Hills Steering Committee was formed. The committee drafted a bill for Congress that asked for the of the Black Hills in South Dakota. At the time, the committee's coordinator stated that "the bill would give the Sioux all Federal land in the area, roughly two million acres."Goldstein, Marc

''The New York Times'', July 16, 1984.
Under the bill, the Black Hills Steering Committee promised to keep all federal employees that worked on the Black Hills.


1985–1990

In 1987, Senator Bill Bradley introduced a bill that would have returned some of the land. It died in committee. In 1990, following input from Sioux elders,
Matthew G. Martínez Matthew Gilbert "Marty" Martínez (February 14, 1929 – October 15, 2011) was a Congressional representative who was both a member of the Democratic Party and the Republican Party from California's 30th congressional district from 1982 to 199 ...
proposed a bill that would have returned the entire area designated by the treaty; this also died in committee.


2009

In April 2009, several tribe members filed a suit saying they wanted to receive money and not the land as compensation. They claimed that 5,000 tribal members signed on with the lawsuit but didn't want to be named.Brokaw, Chet
"Lawsuit Would Let Sioux Take Money for Black Hills."
''Native Times''. Online. October 20, 2009.
The lawsuit was dismissed in 2011. On June 30, 2009, the Rosebud Sioux and Oglala Sioux tribes called for a meeting to discuss the split issues regarding just compensation for the Black Hills. Meetings continued through 2011. In August 2009, the Obama Administration talked about settling the Black Hills land claim dispute. In a press statement, President Barack Obama gave hope of government negotiations and Native American self-determination. A tribal analysis stated that President Obama "is a strong believer in tribal sovereignty. He does not believe court or the federal government should force Sioux tribes to take settlement money for the Black Hills. He believes that tribes are best suited to decide how to handle the monetary award themselves."Afraid of Bear-Cook, Loretta

Online. October 20, 2009.
The Sioux reported re-emerging with new faith and a readiness to start working with President Barack Obama where they have publicly announced their eagerness for "government to government negotiations to explore innovative solutions to resolve the long-standing dispute over the sacred Black Hills in a fair and honourable manner." There is no current government activity on the Black Hills. However, on November 5, 2009, President Obama stated to the Native American population that "You deserve to have a voice," and "You will not be forgotten as long as I'm in this White House."
CNN Politics. November 5, 2009.
This statement occurred after President Obama's signature on a bill allowing agencies to submit paperwork in regards to methods and efforts of allowing Native American tribes to participate in and influence decisions in United States policies regarding tribal life.


2012

In 2012,
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
Special Rapporteur
James Anaya Stephen James Anaya is an American lawyer and the 16th Dean of the University of Colorado Boulder Law School. He was formerly the James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona's James E. Rogers College of L ...
conducted a twelve-day tour of Native American lands, to determine how well the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
was following the
United Nations Declaration on the Rights of Indigenous Peoples The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of Indigenous peoples, including th ...
, endorsed by the
administration Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative assistant, Administrative Assistant, traditionally known as a Secretary, or also known as an admini ...
of
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
in 2010. Anaya met with tribes in seven states on reservations and in urban areas, as well as with members of the Obama administration and the
Senate Committee on Indian Affairs The Senate Committee on Indian Affairs is a committee of the United States Senate charged with oversight in matters related to the American Indian, Native Hawaiian, and Alaska Native peoples. A Committee on Indian Affairs existed from 1820 to 19 ...
. Anaya tentatively recommended the return of lands to some tribes, including the Black Hills to the Sioux. His full official report with recommendations was released in mid-2012. Anaya also brought a sale of over of land in Black Hills by the Reynolds family to the attention of the U.S. government and asked that it disclose measures taken by federal or state governments to address Sioux concerns over the sale of the land within Reynolds Prairie. These acres consist of five land tracts, including the sacred Pe' Sla site for Dakota, Lakota, and Nakota peoples; natives to the Black Hills fundraised to buy the land during the Reynolds' sale. On January 15, 2013, the U.S. responded, telling Anaya that it "understands several tribes purchased the Pe' Sla sacred site around November 30, 2012" meaning the Pe' Sla is officially Sioux land.


2016

On March 10, 2016, the United States Department of the Interior's Bureau of Indian Affairs informed the Great Sioux Nation (Oceti Sakowin) on March 10, 2016, of its decision to take Pe’ Sla, a sacred site in the Black Hills of South Dakota, into federal Indian trust status. On March 14, four days after Pe' Sla was granted a Federal Indian trust, the Shakopee Mdewakanton Sioux tribe released a statement which acknowledged that of Pe' Sla (also known as Reynolds Prairie) was jointly purchased in 2012 by the Rosebud, Shakopee Mdewakanton, Crow Creek, and Standing Rock Sioux Tribes. On October 30, the Southern Cheyenne and Arapaho Tribe of Oklahoma, the Northern Cheyenne Tribe of Montana and the Rosebud Sioux Tribe of South Dakota successfully purchased land near the sacred
Bear Butte Bear Butte is a geological laccolith feature located near Sturgis, South Dakota, United States, that was established as a State Park in 1961. An important landmark and religious site for the Plains Indians tribes long before Europeans reached Sout ...
for $1.1 million at an auction.


2017

On March 24, 2017, Pennington County agreed to end its dispute over Pe' Sla's Federal Indian status.


2018

On November 7, 2018, of land near Bear Butte were sold to the Northern Cheyenne Tribe of Montana and the Arapahoe Tribe of Oklahoma for $2.3 million.


2020

Activists led by NDN Collective protested at a President Donald J. Trump campaign rally, and amplified
Land Back Land Back (or #LandBack) is a campaign by Indigenous people in the United States and in Canada that seeks to re-establish Indigenous sovereignty - notably, the political and economic control of lands in what is now the United States and Canada ...
, a movement to return indigenous land to indigenous ownership.


References


Bibliography

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External links


Official website
of the
Oglala Sioux Tribe The Oglala (pronounced , meaning "to scatter one's own" in Lakota language) are one of the seven subtribes of the Lakota people who, along with the Dakota, make up the Očhéthi Šakówiŋ (Seven Council Fires). A majority of the Oglala live o ...

Official website
of the
Standing Rock Sioux Tribe The Standing Rock Reservation ( lkt, Íŋyaŋ Woslál Háŋ) lies across the border between North and South Dakota in the United States, and is inhabited by ethnic " Hunkpapa and Sihasapa bands of Lakota Oyate and the Ihunktuwona and Pabaks ...

The Lakota Country TimesAkta Lakota Museum and Cultural Center WebsiteOfficial Website of the Crazy Horse MemorialNDN Collective
an
Land Back Manifesto
{{Native Americans in the Black Hills Black Hills Lakota Internal territorial disputes of the United States Native American history of South Dakota Native American history of Wyoming Aboriginal title in the United States Religion and politics