Self-governance and tribal sovereignty, in practice, are closely associated with sovereignty over and management of tribal lands. Since the organization was founded in 1944, NCAI has actively supported the restoration of tribal lands. The principal goal of the Indian Reorganization Act of 1934 was to halt and reverse the abrupt decline in the economic, cultural, governmental, and social well-being of Indian tribes caused by the disastrous federal policy of “allotment” and sale of reservation lands.
Between the years of 1887 and 1934, the US government took more than 90 million acres, nearly two-thirds of all reservation lands, from the tribes without compensation and sold it to settlers. As noted by one of the IRA’s principal authors, Congressman Howard of Nebraska, “the land was theirs under titles guaranteed by treaties and law; and when the government of the United States set up a land policy which, in effect, became a forum of legalized misappropriation of the Indian estate, the government became morally responsible for the damage that has resulted to the Indians from its faithless guardianship” (78 Cong. Rec. 11727-11728, 1934).
Of the 90 million acres of tribal land lost through the allotment process, only about eight percent has been reacquired in trust status since the IRA was passed in 1934. Still today, many tribes have no land base, and many tribes have insufficient lands to support housing and self-government. And the legacy of the allotment policy, which has deeply fractionated heirship of trust lands, means that, for most tribes, far more Indian land passes out of trust than into trust each year.
Most tribal lands will not readily support economic development. Many reservations are located far away from the tribe’s historical, cultural, and sacred areas, as well as from traditional hunting, fishing, and gathering areas. NCAI will continue to advocate strongly for the restoration of tribal lands.
Currently, the ability of the Secretary of the Interior to take land into trust for use by Indian tribes is being threatened. The Supreme Court decision in Carcieri v. Salazar was a broad stroke challenging the Department of the Interior’s land-into-trust authority by reinterpreting the language of the Indian Reorganization Act of 1934. NCAI will continue to push for legislation that recognizes the rights of all tribes to restore tribal lands.
Feb 04, 2015
Testimony & Speeches
Apr 09, 2015
NCAI Comments on the Draft Supplemental Environmental Impact Statement (DSEIS) for the Proposed Keystone XL Pipeline
Apr 22, 2013
Addressing the Costly Administrative Burdens and Negative Impacts of the Carcieri and Patchak Decisions
Sep 13, 2012
A Call on Congress to Enact Legislation That Will Ensure Uniform, Effective and Meaningful Consultation with Indian Nations and Tribes Whenever Federal Activities Have Tribal Impacts
Sep 28, 2015
Support for Trust Modernization Principles to Bring Trust Asset Management and the Federal Trust Relationship into the 21st Century
Sep 28, 2015
Support the Reaffirmation of the Uncompahgre Reservation Boundaries and Restore Lands to Tribal Trust Ownership
Sep 28, 2015
NCAI Congratulates US Department of the Interior and Craig Tribal Association on Land-into-Trust in Alaska
Jan 13, 2017
Jun 22, 2016
Supreme Court Unanimously Holds Reservation Boundaries not Diminished in Favor of the Omaha Tribe in Nebraska v. Parker
Mar 22, 2016