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Indian Land Claims Settlements are settlements of Native American land claims by the
Full text
of 25 U.S.C. tit. 19 {{Native American rights Aboriginal title in the United States United States federal Native American legislation
Indian Land Claims Settlements are settlements of Native American land claims by the United States Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
, codified in 25 U.S.C. ch. 19.
In several instances, these settlements ended live claims of aboriginal title in the United States
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by act ...
. The first two—the Rhode Island Claims Settlement Act and the Maine Indian Claims Settlement Act—extinguished all aboriginal title in Rhode Island and Maine, respectively, following initial court rulings in the tribes' favor.
The Mohegan Nation (Connecticut) Land Claims Settlement of 1994 also followed a judicial ruling in favor of a tribe, but did not extinguish all aboriginal title in the state. Other tribes had pending land claims.
The ''Passamaquoddy
The Passamaquoddy ( Maliseet-Passamaquoddy: ''Peskotomuhkati'') are a Native American/First Nations people who live in northeastern North America. Their traditional homeland, Peskotomuhkatik'','' straddles the Canadian province of New Brunswick ...
'' (1975), '' Narragansett I and II'' (1976), and ''Mohegan
The Mohegan are an Algonquian Native American tribe historically based in present-day Connecticut. Today the majority of the people are associated with the Mohegan Indian Tribe, a federally recognized tribe living on a reservation in the east ...
'' (1980, 1982) cases occurred in the U.S. Supreme Court's '' Oneida I'' (1974) decision, which held that there was federal subject-matter jurisdiction for such claims.
The Florida Indian (Miccosukee) Land Claims Settlement and Florida Indian (Seminole) Land Claims Settlement relate to water rights in the Everglades
The Everglades is a natural region of tropical wetlands in the southern portion of the U.S. state of Florida, comprising the southern half of a large drainage basin within the Neotropical realm. The system begins near Orlando with the Kissim ...
.
In Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
, these settlements involve First Nations
First Nations or first peoples may refer to:
* Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area.
Indigenous groups
*First Nations is commonly used to describe some Indigenous groups including:
**First Natio ...
.
List of settlements
Other compensated extinguishments in the US
*Decisions of theIndian Claims Commission The Indian Claims Commission was a judicial relations arbiter between the United States federal government and Native American tribes. It was established under the Indian Claims Act of 1946 by the United States Congress to hear any longstanding cl ...
*Alaska Native Claims Settlement Act
The Alaska Native Claims Settlement Act (ANCSA) was signed into law by President Richard Nixon on December 18, 1971, constituting at the time the largest land claims settlement in United States history. ANCSA was intended to resolve long-standing ...
(ANCSA)
*''South Carolina v. Catawba Indian Tribe
''South Carolina v. Catawba Indian Tribe, Inc.'', 476 U.S. 498 (1986), is an important U.S. Supreme Court precedent for aboriginal title in the United States decided in the wake of '' County of Oneida v. Oneida Indian Nation of New York State'' ( ...
'', 476 U.S. 498 (1986): settled for $50,000,000 by the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993, Pub. L. No. 103-116, 107 Stat 1118 (codified at 25 U.S.C. § 941)
See also
;Australia *National Native Title Tribunal
The National Native Title Tribunal (NNTT) is an independent body established under the ''Native Title Act 1993'' in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Aus ...
(NNTT)
;Canada
* Nunavut Land Claims Agreement
*Sahtu Dene and Metis Comprehensive Land Claim Agreement
The Sahtu Dene and Metis Comprehensive Land Claim Agreement, is a comprehensive lands claim agreement between The Crown in the right of Canada and the Dene and Métis of the Sahtu area in the Northwest Territories. The agreement was signed by ...
*Yukon Land Claims
The Yukon Land Claims refer to the process of negotiating and settling Indigenous land claim agreements in Yukon, Canada between First Nations and the federal government. Based on historic occupancy and use, the First Nations claim basic rights ...
;New Zealand
*Treaty of Waitangi claims and settlements
Claims and settlements under the Treaty of Waitangi have been a significant feature of New Zealand politics since the Treaty of Waitangi Act 1975 and the Waitangi Tribunal that was established by that act to hear claims. Successive governments ...
Notes
References
* (2001). *John C. Christie, Jr., ''The Catawba Indian Land Claim: A Giant Among Indian Land Claims'', 24 173 (2000). * (2002). *Nicole Friederichs, ''A Reason to Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration on the Rights of Indigenous Peoples'', 35 497 (2011). * (2004). *Granville Ganter, ''Sovereign Municipalities? Twenty Years After the Maine Indian Claims Settlement Act of 1980'', ''in'' (Bruce Elliott Johansen ed., 2004). *Gavin Kentch, ''A Corporate Culture? The Environmental Justice Challenges of the Alaska Native Claims Settlement Act'', 81 813 (2012). *Dean J. Kotlowski, ''Out of the Woods: The Making of the Maine Indian Claims Settlement Act'', 30 63 (2006). *Alfred R. Light, ''The Myth of Everglades Settlement'', 11 55 (1998). *Barbara S. Monahan, ''Florida's Seminole Indian Land Claims Agreement: Vehicle for an Innovative Water Rights Compact'', 15 341 (1991).External links
Full text
of 25 U.S.C. tit. 19 {{Native American rights Aboriginal title in the United States United States federal Native American legislation