Indeed, Congress has repeatedly voted to break the Muscogee (Creek)’s treaty. “That’s something that a strong executive branch, working together with a willing Congress, could do and make a lot of headway for Native nations.” Of course, it would require support and collaboration from the nations themselves, which have rejected bad deals in the past. The US Supreme Court on Monday sided with a Wyoming Native American tribe, ruling that a 19th-century treaty between the tribe and the state did not expire when Wyoming became a state. Among the Muscogee (Creek) alone, an estimated 3,500 of 15,000 people died en route to their new territory, a journey known as the Trail of Tears. Plenty of tribes support fossil fuel infrastructure development, but such a policy would effectively veto or reroute many projects. Click on any of the buttons below to view this material. reaching a book, stack retrieval, use of adaptive equipment, or other requests. Recently, SmithsonianMag ran an article titled "Hundreds of Native American Treaties Digitized for the First Time."

When felonies like murder, kidnapping, burglary, and sexual abuse are carried out in “Indian country,” and involve defendants or victims who are Native American, they must be tried in federal court, rather than state court. The tribe could also apply to take over environmental regulation for their newly affirmed reservation territory. Judges have ruled this way even when the Indigenous nations demanded the land back, rather than money. “As important and right on as this decision is, it does not give tribes anything new,” Sarah Krakoff, a law professor at the University of Colorado, told The Intercept. Often, the terms of such exchanges were codified in treaties, which are contracts between sovereign nations. There is a phenomenal podcast that I started listening to last year about this case called This Land. This MOU stems in part from EPA’s recent “EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty Rights,” an effort to encourage consideration of treaty rights in the agency’s consultation policy.

It said that the Black Hills, an area that includes what is now Mount Rushmore, would be “set apart for the absolute and undisturbed use and occupation” of the Sioux Nation — the government’s name for the Lakota, Nakota, and Dakota, or Oceti Sakowin people — unless three-quarters of adult male tribal members agreed to withdraw from the treaty. A 1980 Supreme Court decision describes what happened next. The Guidance is the first of its kind for any federal agency. The Indian Health Service estimated in 2018 that it has a backlog of $450 million in unfunded requests for water and sanitation systems from the Navajo Nation. Non-Hispanic American Indian and Alaska Native people have the highest rates of Covid-19 hospitalization of any racial or ethnic group counted by the Centers for Disease Control and Prevention. Often, the terms of such exchanges were codified in treaties, which are contracts between sovereign nations. Alleen Brown[email protected]​theintercept.com@AlleenBrown. 6 Native leaders explain what it would mean for the US to honor them.

While numerous treaties promised the care of a doctor, said Krakoff, “even if the word ‘doctor’ or ‘school’ aren’t entries in a treaty, they’re still interpreted as a general obligation because of the long history of tribes giving up land and resources in exchange for this trust relationship, this promise of protection and support.” Treaties, she added, aren’t just about one-time promises: “They establish a way for two sovereigns to relate from then on.”.

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