How the land was taken

1784–1794

Treaties at the edge of a new nation

After the Revolution, the United States made its first treaties with Native nations and began to claim sole authority over buying their land.

The Treaty of Paris of 1783 ended the war with Britain but, the National Park Service says, set no terms for Britain's Native allies. The nations had to negotiate their own peace with the United States. At Fort Stanwix, New York, in 1784, the Park Service says the federal negotiators dictated terms to the Six Nations and took hostages until prisoners of war were returned. The Six Nations ceded interests in land west and north of an older boundary line. The treaty recognized each of the six nations as sovereign and promised to protect the Six Nations' reserve, a promise the Park Service says "was not kept."

New York did not wait for Washington. Within a year the state began making its own treaties with the Oneida, Tuscarora, Onondaga and Cayuga, starting at Fort Herkimer in June 1785, arguing that nations living inside its borders could deal with the state. At Fort Schuyler in 1788, the lands of the Oneida and Onondaga were, in the Park Service's words, greatly reduced, though hunting and fishing interests and the Onondaga right to make salt at Onondaga Lake were protected. In 1787 Congress promised in the Northwest Ordinance that "their lands and property shall never be taken from them without their consent," with an exception for "just and lawful wars authorized by Congress." In 1790 the Non-Intercourse Act barred the sale of Indian lands to individuals or states without formal federal approval.

The Park Service notes that the United States had negotiated its first treaty with a Native nation, the Delaware, in 1778. The National Archives counts approximately 370 treaties made and approved by the Senate from 1789 to 1871.

1. 1784

   The first postwar treaty, at Fort Stanwix

   At Fort Stanwix, New York, the United States made its first treaty with the Six Nations after the Revolution. The National Park Service says the federal negotiators dictated the terms, took hostages until prisoners of war were returned, and that signers may have been coerced. The Six Nations ceded interests in land west and north of an older boundary line.

   Treaty and Land Transaction of 1784, National Park Service, Treaty and Land Transaction of 1784, National Park Service, Treaty and Land Transaction of 1784, National Park Service

2. 1787

   Northwest Ordinance promises good faith

   Congress passed the Northwest Ordinance on July 13, 1787. It said the utmost good faith would always be observed toward the Indians and that their lands and property would never be taken from them without their consent. It also allowed an exception for "just and lawful wars authorized by Congress."

   The Northwest Ordinance (1787), Teaching American History, The Northwest Ordinance (1787), Teaching American History, The Northwest Ordinance (1787), Teaching American History

3. 1790

   Non-Intercourse Act

   Congress passed the Non-Intercourse Act of 1790. The National Park Service says it gave the United States sole authority to regulate dealings between Indians and non-Indians and prohibited the sale of Indian lands to individuals or states without formal federal approval. It followed years of New York State treaties with the Oneida, Onondaga and Cayuga.

   State of New York Treaties and Land Transactions with the Oneida, Onondaga, and Cayuga, National Park Service, State of New York Treaties and Land Transactions with the Oneida, Onondaga, and Cayuga, National Park Service

1795–1809

Cessions in the Ohio country

After the Battle of Fallen Timbers, treaties opened much of Ohio and Indiana, and Tecumseh challenged who had the right to sell.

General Anthony Wayne's victory at the Battle of Fallen Timbers on August 20, 1794, ended a series of hostilities on the Ohio Valley frontier. On August 3, 1795, Wayne signed the Treaty of Greenville with chiefs of the Wyandots, Delawares, Shawnees, Ottawas, Miamis and others. The West Virginia Encyclopedia says the nations ceded about two-thirds of present Ohio. They received $20,000 in goods at once and $9,500 in goods each year, and kept the right to hunt on the ceded land and to drive off or punish settlers who infringed on their lands. The same source says peace did not hold, because settlers almost immediately began to breach Indian territory to the west, and that leaders such as Tecumseh had not signed and did not recognize the treaty.

In 1809 William Henry Harrison, governor of the Indiana Territory, negotiated the Treaty of Fort Wayne with the Delawares, Shawnees, Potawatomis, Miamis, Kickapoos and others to acquire 3 million acres, the National Library of Medicine's Native Voices timeline records. The Shawnee leader Tecumseh told Harrison the signers had no authority to sell the land. He questioned whether they could rightfully sell land held in common with other Native peoples. As Congress ratified the treaty, he warned Americans not to settle on the land and organized troops to fight any incursions.

1. 1795

   Greenville opens most of Ohio

   After the victory at Fallen Timbers, General Anthony Wayne and chiefs of the Wyandots, Delawares, Shawnees, Ottawas, Miamis and others signed the Treaty of Greenville on August 3, 1795. The West Virginia Encyclopedia says the nations ceded about two-thirds of present Ohio. It adds that Tecumseh had not signed and did not recognize the treaty.

   Treaty of Greenville, e-WV: The West Virginia Encyclopedia, Treaty of Greenville, e-WV: The West Virginia Encyclopedia, Treaty of Greenville, e-WV: The West Virginia Encyclopedia

2. 1809

   Fort Wayne, and Tecumseh's objection

   In the Treaty of Fort Wayne, Governor William Henry Harrison acquired 3 million acres from the Delawares, Shawnees, Potawatomis, Miamis, Kickapoos and others. The National Library of Medicine's timeline says Tecumseh told Harrison the signers had no authority to sell the land, asked whether land held in common could be sold, and warned Americans not to settle on it.

   1809: Treaty of Fort Wayne, Native Voices, National Library of Medicine, 1809: Treaty of Fort Wayne, Native Voices, National Library of Medicine, 1809: Treaty of Fort Wayne, Native Voices, National Library of Medicine

1810–1829

A doctrine and a policy take shape

The Supreme Court wrote a rule about extinguishing Native title into law while Georgia pressed the Cherokee to leave.

In Johnson v. M'Intosh (1823), Chief Justice Marshall wrote that discovery gave the discovering government "an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest." The same opinion called Native people "the rightful occupants of the soil, with a legal as well as just claim to retain possession of it." In March 1824, Secretary of War John C. Calhoun set up the Bureau of Indian Affairs inside the War Department by his own order, Interior's Bureau of Indian Affairs says. Congress created it by statute in 1832.

The Cherokee Nation shows how pressure built. The National Park Service says treaties beginning in 1791 recognized the Cherokee Nation as sovereign, yet treaties and agreements "steadily whittled away at their land base." As more cessions were forced in the first two decades of the 1800s, some Cherokee moved to what is now northwest Arkansas. In 1819 the Cherokee National Council told the federal government it would no longer cede land. Georgia's residents resented Cherokee success in holding onto their homelands and governing themselves. In 1828 Georgia passed a law declaring Cherokee laws null and void after June 1, 1830. When gold was found on Cherokee land in 1829, efforts to dislodge the Cherokee intensified, and President Andrew Jackson began to implement a policy of extinguishing Indian land titles in affected states and relocating the Indian population.

1. 1819

   The Cherokee National Council says no more cessions

   The Cherokee National Council told the federal government in 1819 that it would no longer cede land, the National Park Service says. The decision followed cessions forced on the Cherokee in the first two decades of the 1800s, as treaties and agreements steadily reduced their land base.

   Cherokee Relations with US Government Before Removal, National Park Service, Cherokee Relations with US Government Before Removal, National Park Service

2. 1823

   A Supreme Court rule on extinguishing Native title

   In Johnson v. M'Intosh, Chief Justice Marshall wrote that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest. The same opinion called Native people the rightful occupants of the soil, with a legal as well as just claim to retain possession of it.

   Johnson v. M'Intosh, 21 U.S. 543 (1823), Cornell LII, Johnson v. M'Intosh, 21 U.S. 543 (1823), Cornell LII

3. 1824

   The Bureau of Indian Affairs is created

   On March 11, 1824, Secretary of War John C. Calhoun established the Bureau of Indian Affairs within the War Department by his own authority, Interior's BIA says. Congress created the bureau and the Commissioner of Indian Affairs post by statute in 1832. In 1849 the bureau moved to the new Interior Department.

   What is the BIA's history?, Bureau of Indian Affairs, What is the BIA's history?, Bureau of Indian Affairs

1830–1838

Removal

Congress authorized exchanging Native lands in the East for land west of the Mississippi, and whole nations were moved.

The Indian Removal Act of May 28, 1830, let the President divide land west of the Mississippi into districts "for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside." The National Park Service says it targeted the Cherokee, Choctaw, Creek, Chickasaw and Seminole nations of the Southeast in particular, and that the treaties negotiated under it aimed at clearing Indian-occupied land for white settlers.

The Choctaw signed first. In January 1830 the Mississippi legislature voted to extend state jurisdiction over Choctaw lands. EBSCO says leaders, feeling pressured, agreed to negotiate, and at Dancing Rabbit Creek they gave up the remaining ten million acres of their land in Mississippi. About 15 percent of the tribe died during removal, EBSCO says.

The Cherokee went to court and to Congress. In Worcester v. Georgia (1832) the Supreme Court held that Georgia's laws "can have no force" in Cherokee territory, but Georgia ignored the ruling and President Jackson refused to act. In December 1835 a small group of Cherokee, the Ridge Party, signed the Treaty of New Echota. Principal Chief John Ross gathered a petition of over 15,000 signatures against it and wrote Congress that "we are not parties to its covenants." The Senate approved the treaty by one vote. In 1838 General Winfield Scott's soldiers rounded up Cherokee families into internment camps and stockades. Of about 15,000 who began the trek west, an estimated 4,000 died.

1. 1830

   Indian Removal Act

   Congress authorized the President to divide land west of the Mississippi into districts for tribes that might choose to exchange the lands where they then lived. The National Park Service says the law targeted the Cherokee, Choctaw, Creek, Chickasaw and Seminole nations of the Southeast in particular and that treaties negotiated under it aimed at clearing Indian-occupied land for white settlers.

   Indian Removal Act (1830), Teaching American History, Trail of Tears, National Park Service, Trail of Tears, National Park Service

2. 1830

   Dancing Rabbit Creek treaty with the Choctaw

   In September 1830 the Choctaw signed the first major treaty under the Removal Act. EBSCO says the Mississippi legislature had voted in January to extend state jurisdiction over Choctaw lands, and leaders, feeling pressured, agreed to negotiate. The Choctaw gave up the remaining ten million acres of their land in Mississippi. EBSCO says about 15 percent of the tribe died during removal.

   Treaty of Dancing Rabbit Creek, EBSCO Research Starters, Treaty of Dancing Rabbit Creek, EBSCO Research Starters, Treaty of Dancing Rabbit Creek, EBSCO Research Starters

3. 1831

   Cherokee Nation v. Georgia

   North Dakota Studies says the Supreme Court decided in 1831, in Cherokee Nation v. Georgia, that Indian tribes were not foreign nations and were not states, describing them as domestic dependent nations. The National Archives adds that treaties with Native nations still needed Senate approval after these decisions.

   The Treaties of Fort Laramie, 1851 & 1868, North Dakota Studies, American Indian Treaties, National Archives

4. 1832

   Worcester v. Georgia

   The Supreme Court held that the Cherokee nation was a distinct community occupying its own territory, where the laws of Georgia could have no force. The National Park Service says Georgia ignored the ruling and that President Jackson, who sided with Georgia, refused to act. Treaty-making toward Cherokee removal continued.

   Worcester v. Georgia, 31 U.S. 515 (1832), Cornell LII, Worcester v. Georgia, 31 U.S. 515 (1832), Cornell LII, Cherokee Relations with US Government Before Removal, National Park Service

5. 1832

   Payne's Landing and the Seminole removal

   In the spring of 1832 the Seminoles were called to a meeting at Payne's Landing, Florida. The treaty called for them to move west if the land proved suitable. The Seminole Nation Museum says many chiefs stated they were coerced into signing and some Army officers said they were "wheedled and bullied." Most Seminoles refused to leave, and the Second Seminole War lasted until 1842.

   The Seminole Wars, Seminole Nation Museum, The Seminole Wars, Seminole Nation Museum, The Seminole Wars, Seminole Nation Museum

6. 1835

   New Echota, and the Cherokee protest treaty

   On December 29, 1835, a small group of Cherokee signed the Treaty of New Echota, ceding all Cherokee lands east of the Mississippi for five million dollars. Chief John Ross wrote Congress that the treaty "is not the act of our Nation." The Senate ratified it despite knowing no official representative of the Cherokee Nation had signed.

   Treaty with the Cherokee, 1835, Tribal Treaties Database, Oklahoma State University, Chief John Ross Protests the Treaty of New Echota, National Park Service, Cherokee Relations with US Government Before Removal, National Park Service

7. 1838

   Cherokee removal

   Soldiers rounded up Cherokee families into internment camps and stockades and marched them west to Indian Territory. NCpedia says that between October 1838 and March 1839 the Cherokee moved west, and that of the approximately 15,000 who began the trek, an estimated 4,000 died.

   Cherokee People in North Carolina, Part V: The Trail of Tears, NCpedia, Cherokee People in North Carolina, Part V: The Trail of Tears, NCpedia

1839–1850

After removal, the frontier moves west

The removed nations rebuilt in Indian Territory, the Seminole war ground on, and some Cherokee stayed behind.

The Cherokee who survived the march found themselves in Indian Territory, in what is now Oklahoma, after about five months on the road, the National Park Service says. The Choctaw had agreed in 1820, in the Treaty of Doak's Stand, to sell five million acres in Mississippi for thirteen million acres west of the river. EBSCO says the removal of most of the tribe began in 1831 and lasted three years.

Not every Cherokee left. NCpedia says 300 to 400 Cherokees remained in North Carolina, hiding in the mountains. Between 1838 and the end of the Civil War, many Cherokees gave their money to their agent, William Holland Thomas, to buy land for them. He acquired many of the tracts that make up the Qualla Boundary, and these Cherokees, together with those who hid or returned, formed the nucleus of the Eastern Band of Cherokee Indians.

In Florida, the Seminole Nation Museum says most Seminoles refused to leave and the Second Seminole War lasted until 1842. It calls it the longest and most costly of the wars of removal, and says the Seminoles "as a nation never stopped resisting." The war claimed over 1,500 U.S. soldiers. At its end, with no peace treaty, roughly 3,000 Seminoles had been removed to Indian Territory and fewer than 500 remained in the Everglades. In 1849 the Bureau of Indian Affairs moved from the War Department to the new Interior Department.

1851–1867

Reservations and war on the Plains

As emigrant roads crossed the Plains, treaties fixed territories and then reservations, and violence followed.

On September 17, 1851, the Treaty of Fort Laramie was concluded with the Sioux, Cheyenne, Arapaho, Crow, Assiniboine, Gros Ventre, Mandan and Arikara. The nations recognized the right of the United States "to establish roads, military and other posts, within their respective territories." The treaty named each nation's territory and said the nations did "not hereby abandon or prejudice any rights or claims they may have to other lands." The United States promised to protect the nations from depredations by its people and to pay $50,000 a year for ten years.

In the Pacific Northwest, Washington Territorial Governor Isaac Stevens compelled tribes to enter treaties, the Washington Secretary of State's history says. At Medicine Creek on December 26, 1854, the Puyallup, Nisqually, Steilacoom and Squaxin Island tribes ceded most of their lands for $32,500, reservations, and the permanent right of access to traditional fishing and hunting grounds. HistoryLink says the overwhelming evidence is that not all 62 leaders named on the treaty actually signed, largely because they objected to the inadequate Puyallup and Nisqually reservations. Larger reservations followed in 1857.

War reached other nations. In August 1862, with the Dakota facing starvation, fighting broke out in Minnesota. The fighting lasted six weeks. On December 26, 38 Dakota were hanged at Mankato, and the Dakota were forcibly removed from the state. On November 29, 1864, soldiers killed more than 230 Cheyenne and Arapaho at Sand Creek, the National Park Service says.

1. 1851

   First Fort Laramie treaty

   At Fort Laramie in September 1851, the Sioux, Cheyenne, Arapaho, Crow and other nations recognized the right of the United States to establish roads and military posts within their territories. The treaty named each nation's territory and said they did not abandon rights or claims to other lands. The United States promised to protect them from depredations by its people.

   Treaty of Fort Laramie with Sioux, etc., 1851, Tribal Treaties Database, Treaty of Fort Laramie with Sioux, etc., 1851, Tribal Treaties Database, Treaty of Fort Laramie with Sioux, etc., 1851, Tribal Treaties Database

2. 1854

   Medicine Creek treaty in Puget Sound

   At Medicine Creek on December 26, 1854, Governor Isaac Stevens and the Puyallup, Nisqually, Steilacoom and Squaxin Island tribes made the treaty. HistoryLink says the tribes ceded most of their lands for $32,500, reservations and the permanent right of access to traditional fishing and hunting grounds, and that not all 62 leaders named actually signed.

   Treaty of Medicine Creek, 1854, HistoryLink.org, Treaty of Medicine Creek, 1854, HistoryLink.org, The Boldt Decision at 50, Washington Secretary of State

3. 1862

   U.S.-Dakota War and the removal after it

   In August 1862, with the Dakota facing starvation, fighting broke out in Minnesota. On December 26, 38 Dakota were hanged at Mankato, the largest mass execution in U.S. history, the Minnesota Historical Society says. About 1,600 non-combatant Dakota were held at Fort Snelling that winter and then forcibly removed from the state to reservations in Dakota Territory and what is now Nebraska.

   U.S.-Dakota War of 1862: Background, Minnesota Historical Society, U.S.-Dakota War of 1862: Background, Minnesota Historical Society, U.S.-Dakota War of 1862: Background, Minnesota Historical Society

4. 1864

   Sand Creek

   On November 29, 1864, soldiers of the Colorado Volunteer Cavalry attacked a village of about 700 Southern Cheyenne and Arapaho people on Sand Creek in Colorado Territory. The National Park Service says they killed more than 230 people, and describes the attack by Colonel John Chivington as unprovoked, on a peaceful camp. The site is now a National Historic Site.

   Sand Creek Massacre National Historic Site, National Park Service, Sand Creek Massacre National Historic Site, National Park Service, Sand Creek Massacre National Historic Site, National Park Service

1868–1870

The treaties of 1868

After war, the United States promised to close the Bozeman Trail and recognized the Great Sioux Reservation, and signed the treaty that let the Navajo go home.

Red Cloud, an Oglala Lakota, declared he would keep making war on travelers and Army posts until the government closed the Bozeman Trail, which ran through Sioux treaty lands toward the Montana gold fields, North Dakota Studies says. In 1868 a treaty commission met again at Fort Laramie. The United States promised to close the Bozeman Trail and the forts along it. The treaty set apart a reservation for the "absolute and undisturbed use and occupation" of the Indians named. Article 12 said no cession of reservation land would be valid unless signed by at least three-fourths of the adult male Indians occupying or interested in it. Article 16 declared the country north of the North Platte River and east of the Big Horn Mountains "unceded Indian territory." Many Lakota bands agreed to the treaty, but many did not sign; North Dakota Studies notes that Sitting Bull and his Hunkpapa band were among those who did not.

In late May 1868 at Fort Sumner, New Mexico, General William T. Sherman offered the Navajo a choice between Oklahoma and returning to their ancestral lands, the National Archives says. The Navajo chose to go home. Their leader Barboncito spoke for them, and the treaty was signed on June 1, 1868. A House report says approximately 8,000 Navajos were forced to make a 350-mile march to the Bosque Redondo, a site that became a virtual prison camp where more than 3,000 Navajo people died. The treaty recognized the Navajo Nation as it exists today.

1. 1868

   The Navajo return home

   The Navajo had been forced to march to the Bosque Redondo in New Mexico; a House report says more than 3,000 Navajo people died there and on the march. At Fort Sumner in late May 1868, General Sherman offered a choice between Oklahoma and returning to their ancestral lands. The National Archives says the Navajo chose home. The treaty was signed June 1, 1868.

   The Navajo Treaty Travels to the Navajo Nation, National Archives Pieces of History, House Report 107-222, Long Walk National Historic Trail Study Act, govinfo.gov, The Navajo Treaty Travels to the Navajo Nation, National Archives Pieces of History

2. 1868

   Second Fort Laramie treaty

   After war over the Bozeman Trail, the United States promised to close the trail and the forts along it. The treaty set apart a reservation for the "absolute and undisturbed use and occupation" of the Indians named, and Article 12 required the signatures of three-fourths of adult male Indians for any cession of it. The treaty was ratified February 16, 1869.

   The Treaties of Fort Laramie, 1851 & 1868, North Dakota Studies, Treaty with the Sioux, Brule, Oglala, etc., and Arapaho, 1868, Tribal Treaties Database, Treaty with the Sioux, Brule, Oglala, etc., and Arapaho, 1868, Tribal Treaties Database

1871–1886

After the end of treaty-making

Congress stopped making treaties with Native nations in 1871, and the Black Hills were taken by statute.

The Indian Appropriation Act of March 3, 1871, ended formal treaty-making with Native nations: no Indian nation or tribe within the territory of the United States would be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty. Treaties already made were not undone. After 1871, the National Archives says, agreements were made through Acts of Congress, Executive Orders and Executive Agreements.

The Black Hills show how that worked. The 1868 treaty had pledged them to the Sioux. Amid speculation about gold, the Supreme Court later wrote, the Army made an exploratory expedition into the Hills in 1874, and in November 1875 President Grant decided the military should make no further resistance to miners. A commission then presented an "agreement" to the Sioux in 1876, ignoring the treaty's three-fourths rule. It was signed by only 10 percent of adult male Sioux. Congress made it law on February 28, 1877, which the Court said had the effect of abrogating the Fort Laramie Treaty.

The Sioux nations never accepted that. In 1980 the Supreme Court held that the 1877 Act took tribal property and that just compensation, with interest, was owed. PBS reported in 2011 that the money, then well over a billion dollars, had never been collected; Oglala Sioux Tribe counsel Mario Gonzalez said the tribes have maintained since 1877 that the taking was illegal and want some land returned.

1. 1871

   Congress ends treaty-making

   The Indian Appropriation Act of March 3, 1871 declared that no Indian nation or tribe would be acknowledged as an independent nation with whom the United States may contract by treaty. Treaties already made stayed in force. The National Archives says about 370 treaties were made and approved by the Senate from 1789 to 1871.

   25 U.S. Code 71, Cornell LII, 25 U.S. Code 71, Cornell LII, American Indian Treaties, National Archives

2. 1877

   The Black Hills taken by statute

   The 1868 treaty required three-fourths of adult male Sioux to sign any cession. In 1876 a commission presented an agreement signed by only 10 percent, and Congress made it law on February 28, 1877. The Supreme Court wrote that the Act had the effect of abrogating the Fort Laramie Treaty. Sioux leaders say the Black Hills were taken illegally.

   United States v. Sioux Nation of Indians, 448 U.S. 371 (1980), Cornell LII, United States v. Sioux Nation of Indians, 448 U.S. 371 (1980), Cornell LII, Why the Sioux Are Refusing $1.3 Billion, PBS NewsHour (2011)

1887–1933

Allotment and assimilation

Congress divided reservations into individual plots and opened the rest to settlers; tribal land fell by about two-thirds.

The Dawes Act, signed on February 8, 1887, authorized the President to break up reservation land held in common into small allotments for individual Native Americans, the National Archives says. A head of family could receive a quarter of a section. The United States would hold each allotment in trust for twenty-five years. Once allotments were made, the Secretary of the Interior could negotiate to buy the rest of a reservation. The law said that land so sold would be "disposed of by the United States to actual and bona fide settlers only." Interior's Bureau of Indian Affairs says Native Americans controlled about 138 million acres of land before the Dawes Act, and 48 million acres remained in tribal control by 1934.

The 1889 Sioux Act divided the Great Sioux Reservation into six reservations and opened about 9 million acres to non-Native settlement, according to the North Dakota State Museum. On December 29, 1890, the U.S. Army's 7th Cavalry massacred Lakota people at Wounded Knee; History.com estimates almost 150 were killed, nearly half of them women and children, and says some historians put the number at twice as high. The Kiowa, Comanche and Apache sued over a 1900 land law passed without the three-fourths signatures their treaty required, but in Lone Wolf v. Hitchcock the Court held that Congress could pass laws in conflict with Indian treaties, the 1980 Sioux Nation opinion recounts.

Congress made all non-citizen Indians born in the United States citizens in 1924. The 1928 Meriam Report condemned the allotment policy and urged protection for Indian property.

1. 1887

   General Allotment Act

   The Dawes Act of February 8, 1887 authorized the President to break up reservation land held in common into allotments for individuals, held in trust for twenty-five years. Land left over could be sold and then disposed of to settlers. Interior says Native Americans controlled about 138 million acres before the Act and 48 million by 1934.

   Dawes Act (1887), National Archives Milestone Documents, Dawes Act (1887), National Archives Milestone Documents, Federal Law and Indian Policy Overview, Bureau of Indian Affairs

2. 1889

   The Great Sioux Reservation divided

   The Sioux Act of 1889 divided the Great Sioux Reservation into six reservations and opened about 9 million acres of former reservation land to non-Native settlement, according to the North Dakota State Museum. The 1868 Treaty of Fort Laramie had established the Great Sioux Reservation, according to North Dakota Studies.

   The Treaties of Fort Laramie, 1851 & 1868, North Dakota Studies, The Sioux Act of 1889 and Its Modern Implications, North Dakota Heritage Center & State Museum, The Sioux Act of 1889 and Its Modern Implications, North Dakota Heritage Center & State Museum

3. 1890

   Wounded Knee

   On December 29, 1890, the U.S. Army's 7th cavalry surrounded a band of Ghost Dancers under the Lakota chief Big Foot near Wounded Knee Creek on the Pine Ridge reservation. History.com says it is estimated almost 150 Native Americans were killed, nearly half of them women and children, and that some historians put the number at twice as high.

   Massacre at Wounded Knee, History.com, Massacre at Wounded Knee, History.com

4. 1903

   Lone Wolf v. Hitchcock

   The Kiowa, Comanche and Apache sued to stop a 1900 land law that rested on an agreement not signed by the three-fourths of adult males their treaty required. The Supreme Court held in 1903 that the legislative power might pass laws in conflict with treaties made with the Indians, the 1980 Sioux Nation opinion recounts.

   United States v. Sioux Nation of Indians, 448 U.S. 371 (1980), Cornell LII, United States v. Sioux Nation of Indians, 448 U.S. 371 (1980), Cornell LII

5. 1924

   Citizenship Act

   Congress declared all non-citizen Indians born within the territorial limits of the United States to be citizens. The Act, approved June 2, 1924 and titled an act to authorize the Secretary of the Interior to issue certificates of citizenship to Indians, added that citizenship would not impair the right of any Indian to tribal or other property.

   Indian Citizenship Act (1924), Equality Before the Law, University of Nebraska-Lincoln, Indian Citizenship Act (1924), Equality Before the Law, University of Nebraska-Lincoln

6. 1928

   The Meriam Report

   A survey commissioned by Interior Secretary Hubert Work and led by Lewis Meriam, published in 1928, condemned the allotment policy begun by the General Allotment Act of 1887. It also urged protection for Indian property and more freedom for Indians to manage their own affairs.

   Meriam Report, EBSCO Research Starters, Meriam Report, EBSCO Research Starters

1934–1968

Reorganization and termination

Congress ended allotment in 1934, but the 1950s brought a policy of ending federal recognition of tribes.

The Indian Reorganization Act of June 18, 1934, provided that no land of any Indian reservation "shall be allotted in severalty to any Indian." It extended trust periods on Indian lands and let the Secretary of the Interior acquire land "for the purpose of providing lands for Indians." DocsTeach says it gave tribes the choice to vote on whether to organize under the Act. In 1946 Congress created the Indian Claims Commission to hear tribal claims. The National Archives says it was not empowered to grant or restore land, but it could award money based on the market value of lands when they were lost. It ultimately awarded over $800 million.

On August 1, 1953, House Concurrent Resolution 108 called for termination, "at the earliest possible time," of tribes in California, Florida, New York and Texas and of named tribes including the Flathead, Klamath and Menominee. Termination ended federal recognition and trust status for affected reservations. Public Law 280, enacted August 15, 1953, gave state authorities criminal and civil jurisdiction over most reservations in California, Minnesota, Nebraska, Oregon and Wisconsin. From 1953 until 1970, Congress initiated 60 separate termination proceedings, and over three million acres of tribal lands were relinquished.

Dams took land too. The Army Corps of Engineers began work on Oahe Dam on Cheyenne River Sioux land in 1948. By its dedication in 1962, a Senate report says, 104,492 acres of tribal land were inundated and 181 families, 30 percent of the tribal population, were forced to relocate.

1. 1934

   Indian Reorganization Act

   The Act of June 18, 1934 provided that no land of any Indian reservation would be allotted in severalty to any Indian. It extended trust periods and authorized the Secretary of the Interior to acquire land for Indians. DocsTeach says it gave tribes the choice to vote on whether to organize under the Act.

   Indian Reorganization Act (1934), text, Indian Reorganization Act (1934), text, Indian Reorganization Act, DocsTeach, National Archives

2. 1946

   Indian Claims Commission created

   Congress created the Indian Claims Commission on August 13, 1946 to hear tribal claims. The National Archives says it was not empowered to grant or restore land, but could award money based on the market value of lands lost at the time of taking. It ultimately awarded over $800 million before it was abolished in 1978.

   Record Group 279: Records of the Indian Claims Commission, National Archives, Record Group 279: Records of the Indian Claims Commission, National Archives, Record Group 279: Records of the Indian Claims Commission, National Archives

3. 1953

   Termination policy begins

   House Concurrent Resolution 108, announced August 1, 1953, called for termination at the earliest possible time of tribes in California, Florida, New York and Texas and of named tribes such as the Flathead, Klamath and Menominee. The National Archives counts 60 termination proceedings from 1953 to 1970, with over three million acres of tribal lands relinquished.

   Bureau of Indian Affairs Records: Termination, National Archives, Bureau of Indian Affairs Records: Termination, National Archives

1969–1999

Self-determination and the first returns

Protest, new federal policy and court victories brought the first returns of land and recognition of treaty rights.

From November 1969 to June 1971, Indians of All Tribes occupied Alcatraz Island, protesting federal policies that took aboriginal land. The National Park Service calls it the first intertribal protest action to focus the nation's attention on the situation of Native peoples. On July 8, 1970, President Nixon told Congress that "this policy of forced termination is wrong." That December, Congress returned 48,000 acres taken in 1906 to Taos Pueblo, which Taos Pueblo's own page calls the Return of Blue Lake. In 1971 the Alaska Native Claims Settlement Act gave Alaska Natives approximately 45 million acres and about $962.5 million, while extinguishing their claims to over 360 million acres, the Congressional Research Service reports. In 1972 an executive order restored a 21,000-acre tract of Mount Adams to the Yakima Reservation.

In December 1973 President Nixon signed the Menominee Restoration Act, returning the Menominee Indian Tribe to federal trust status. On February 12, 1974, Judge George Boldt ruled that Washington State had disregarded promises made to the tribes in the 1850s and that tribes were entitled to up to 50 percent of the catch. In 1980 the Supreme Court held that the Black Hills had been taken and compensation was owed. In 1985 it held that the Oneida had a federal right of action over a 1795 land sale made without federal approval. In 1990 the Puyallup Land Claims Settlement gave the Tribe roughly 900 acres.

1. 1969

   Alcatraz is occupied

   From November 1969 to June 1971, a group called Indians of All Tribes, Inc. occupied Alcatraz Island, protesting government policies that took aboriginal land away from American Indians. The National Park Service calls it the first intertribal protest action to focus the nation's attention on the situation of Native peoples in the United States.

   Alcatraz Occupation, National Park Service, Alcatraz Occupation, National Park Service

2. 1970

   Nixon ends termination

   In a July 8, 1970 message to Congress, President Nixon said "This policy of forced termination is wrong, in my judgment, for a number of reasons." The National Archives says his administration repudiated termination in 1970 and shifted policy toward self-determination. The message did not itself return land.

   Special Message on Indian Affairs (July 8, 1970), Teaching American History, Bureau of Indian Affairs Records: Termination, National Archives

3. 1970

   Blue Lake returned to Taos Pueblo

   On December 15, 1970, President Nixon signed Public Law 91-550, returning 48,000 acres to Taos Pueblo. Taos Pueblo's own page quotes Nixon saying that in 1906 an injustice was done and that Congress now returns that land to whom it belongs.

   The Return of Blue Lake, Taos Pueblo, The Return of Blue Lake, Taos Pueblo, The Return of Blue Lake, Taos Pueblo

4. 1971

   Alaska Native Claims Settlement Act

   President Nixon signed the Alaska Native Claims Settlement Act on December 18, 1971. The Congressional Research Service says Alaska Natives received approximately 45 million acres and shared in about $962.5 million, and that the Act extinguished their claims to over 360 million acres.

   Alaska Native Lands and the Alaska Native Claims Settlement Act, Congressional Research Service, Alaska Native Lands and the Alaska Native Claims Settlement Act, Congressional Research Service, Alaska Native Lands and the Alaska Native Claims Settlement Act, Congressional Research Service

5. 1972

   Forest lands returned to the Yakima Reservation

   On May 20, 1972, President Nixon's Executive Order 11670 removed a tract of some 21,000 acres from the Gifford Pinchot National Forest and directed the Interior Secretary to administer it for the Yakima Tribe as part of the reservation created by the Treaty of 1855. The order says the tract had been mistakenly thought to be public land.

   Executive Order 11670 (May 20, 1972), American Presidency Project, Executive Order 11670 (May 20, 1972), American Presidency Project

6. 1973

   The Menominee are restored

   President Nixon signed the Menominee Restoration Act on December 22, 1973. His statement said that by restoring the Menominee Indian Tribe to Federal trust status the United States had made a clear reversal of the policy of forcibly terminating Indian tribal status. The Tribe's page describes restoration as reversing termination and regaining federal recognition.

   Statement on Signing the Menominee Restoration Act (Dec. 22, 1973), American Presidency Project, Statement on Signing the Menominee Restoration Act (Dec. 22, 1973), American Presidency Project, Restoration, Menominee Indian Tribe of Wisconsin

7. 1974

   Boldt decision upholds treaty fishing

   On February 12, 1974, Judge George Boldt ruled that Washington State had disregarded solemn promises made to the tribes in the 1850s. Tribes were entitled to up to 50 percent of the catch in their usual and accustomed places. Attorney Al Ziontz, who represented several tribes, said the ruling gave the tribes the power to sit down with other governments as equals.

   The Boldt Decision at 50, Washington Secretary of State, The Boldt Decision at 50, Washington Secretary of State, The Boldt Decision at 50, Washington Secretary of State

8. 1980

   Sioux Nation ruling on the Black Hills

   On June 30, 1980, the Supreme Court held that the 1877 Act took tribal property, which implied an obligation to make just compensation to the Sioux Nation. PBS reported in 2011 that the Sioux had never collected the money, then over $1 billion, and former special trustee Ross Swimmer said "They didn't want the money. They wanted the Black Hills."

   United States v. Sioux Nation of Indians, 448 U.S. 371 (1980), Cornell LII, United States v. Sioux Nation of Indians, 448 U.S. 371 (1980), Cornell LII, Why the Sioux Are Refusing $1.3 Billion, PBS NewsHour (2011)

9. 1985

   Oneida win on a 1795 land sale

   On March 4, 1985, the Supreme Court held that the Oneida had a federal common-law right of action for violation of their possessory rights. The Oneida said their ancestors' 1795 conveyance to New York State violated the 1793 Nonintercourse Act, which barred purchases of Indian land without federal approval.

   County of Oneida v. Oneida Indian Nation, 470 U.S. 226 (1985), Cornell LII, County of Oneida v. Oneida Indian Nation, 470 U.S. 226 (1985), Cornell LII, County of Oneida v. Oneida Indian Nation, 470 U.S. 226 (1985), Cornell LII

10. 1990

    Puyallup Land Claims Settlement

    The Puyallup Tribe settled long-running land claims in Washington in 1990. HistoryLink says virtually all allotted reservation land had been taken out of tribal members' possession, often in questionable transactions. The settlement gave the Tribe roughly 900 acres and required it to relinquish 20,000 acres and clear title to land within Washington.

    Puyallup Land Claims Settlement (1990), HistoryLink.org, Puyallup Land Claims Settlement (1990), HistoryLink.org, Puyallup Land Claims Settlement (1990), HistoryLink.org

2000–today

Apology, repair, and land coming back

Agencies apologized, courts held the United States to old treaties, and some land returned to tribal ownership.

On September 8, 2000, Assistant Secretary for Indian Affairs Kevin Gover said at the Bureau of Indian Affairs' 175th anniversary: "On behalf of the Bureau of Indian Affairs, I extend this formal apology to Indian people for the historical conduct of this agency." In 2005, the Supreme Court held in City of Sherrill v. Oneida Indian Nation that the Oneida could not revive tribal sovereignty over parcels they had bought on the open market, a reminder that regaining land does not always restore full authority over it.

On July 9, 2020, in McGirt v. Oklahoma, the Supreme Court held that land the Creek treaties promised remains a reservation for purposes of federal criminal law: "Because Congress has not said otherwise, we hold the government to its word." In 2021 Interior moved the National Bison Range, approximately 18,800 acres, into trust for the Confederated Salish and Kootenai Tribes, saying the 1908 act that created it had reduced their homeland. Congress approved the transfer in a 2021 law. The Land Buy-Back Program concluded in 2023 with nearly 3 million acres in 15 states consolidated into tribal trust ownership.

On October 25, 2024, President Biden said: "I formally apologize, as President of the United States of America, for what we did," speaking of Indian boarding schools. On December 18, 2025, the Lumbee Tribe of North Carolina was recognized when the National Defense Authorization Act was signed, the tribe says.

1. 2000

   Apology from the Bureau of Indian Affairs

   On September 8, 2000, at the Bureau of Indian Affairs' 175th anniversary, Assistant Secretary Kevin Gover said: "On behalf of the Bureau of Indian Affairs, I extend this formal apology to Indian people for the historical conduct of this agency." It was an apology by the agency, not by Congress.

   Gover Apologizes For BIA's Misdeeds, Bureau of Indian Affairs press release (Sept. 8, 2000), Gover Apologizes For BIA's Misdeeds, Bureau of Indian Affairs press release (Sept. 8, 2000)

2. 2005

   Sherrill limits Oneida sovereignty over bought land

   In City of Sherrill v. Oneida Indian Nation, decided March 29, 2005, the Supreme Court held that the Tribe could not unilaterally revive its ancient sovereignty over parcels it had bought. It cited the non-Indian character of central New York, 200 years of state authority, and the Oneidas' long delay in seeking relief.

   City of Sherrill v. Oneida Indian Nation of N.Y., 544 U.S. 197 (2005), Cornell LII, City of Sherrill v. Oneida Indian Nation of N.Y., 544 U.S. 197 (2005), Cornell LII

3. 2020

   McGirt v. Oklahoma

   On July 9, 2020, the Supreme Court asked whether the land promised by treaties to the Creek Nation remains a reservation. It held that it does for purposes of the Major Crimes Act: "Because Congress has not said otherwise, we hold the government to its word."

   McGirt v. Oklahoma, 591 U.S. ___ (2020), supremecourt.gov, McGirt v. Oklahoma, 591 U.S. ___ (2020), supremecourt.gov, McGirt v. Oklahoma, 591 U.S. ___ (2020), supremecourt.gov

4. 2021

   National Bison Range returned

   On June 23, 2021, Interior announced it was moving all National Bison Range lands, approximately 18,800 acres, into trust for the Confederated Salish and Kootenai Tribes. Principal Deputy Assistant Secretary Bryan Newland said the act that created the Range reduced the Salish and Kootenai peoples' homeland by thousands of acres. A 2021 law approved the transfer.

   Interior Transfers National Bison Range Lands in Trust for the Confederated Salish and Kootenai Tribes, U.S. Department of the Interior, Interior Transfers National Bison Range Lands in Trust for the Confederated Salish and Kootenai Tribes, U.S. Department of the Interior, Interior Transfers National Bison Range Lands in Trust for the Confederated Salish and Kootenai Tribes, U.S. Department of the Interior

5. 2023

   Land Buy-Back Program concludes

   On December 4, 2023, Interior announced the end of the Land Buy-Back Program for Tribal Nations. Over the course of the program, nearly 3 million acres in 15 states were consolidated and restored to Tribal trust ownership and $1.69 billion was paid to more than 123,000 individuals who held interests in the land.

   Three Million Acres of Land Returned to Tribes Through Interior's Land Buy-Back Program, U.S. Department of the Interior, Three Million Acres of Land Returned to Tribes Through Interior's Land Buy-Back Program, U.S. Department of the Interior

6. 2024

   Presidential apology for boarding schools

   On October 25, 2024, at the Gila River Indian Community in Arizona, President Biden said the federal government had never formally apologized for the Indian boarding school program until that day: "I formally apologize, as President of the United States of America, for what we did." The text is from the official Public Papers of the President.

   Remarks at the Gila River Indian Community (Oct. 25, 2024), govinfo.gov, Remarks at the Gila River Indian Community (Oct. 25, 2024), govinfo.gov

7. 2025

   Lumbee recognition

   The Lumbee Tribe of North Carolina says President Trump signed the National Defense Authorization Act, which included the Lumbee Fairness Act, on December 18, 2025, and that the Tribe is now fully federally recognized as the 575th tribe. Chairman John Lowery said the injustice of the 1956 Act had been corrected.

   Lumbee Tribe of North Carolina fully and rightfully recognized, Lumbee Tribe of North Carolina, Lumbee Tribe of North Carolina fully and rightfully recognized, Lumbee Tribe of North Carolina, Lumbee Tribe of North Carolina fully and rightfully recognized, Lumbee Tribe of North Carolina