Standing Rock Sioux Tribe
The Great Sioux Reservation comprised all of present-day South Dakota west of the Missouri River, including the sacred Black Hills and the life-giving Missouri River. Under article 11 of the 1868 Fort Laramie Treaty, the Great Sioux Nation retained off-reservation hunting rights to a much larger area, south to the Republican and Platte Rivers, and east to the Big Horn Mountains. Under article 12, no cession of land would be valid unless approved by three-fourths of the adult males. Nevertheless, the Congress unilaterally passed the Act of February 28, 1877 (19 stat. 254), removing the Sacred Black Hills from the Great Sioux Reservation. The United States never obtained the consent of three-fourths of the Sioux, as required in article 12 of the 1868 Treaty. The U.S. Supreme Court concluded that "A more ripe and rank case of dishonorable dealings will never, in all probability, be found in our history." United States v. Sioux Nation of Indians, 448 U.S. 371, 388 (1980).
In the act of March 2, 1889, however, Congress further reduced the Great Sioux Reservation, dividing it into six separate reservations, including the Standing Rock Sioux Reservation. (25 stat. 889). The Standing Rock Reservation boundaries, delineated in section 3 of the 1889 act, have remained intact since that time.
The Standing Rock Sioux Tribe stands by its right to self-government as a sovereign nation, which includes taking a government-to-government stance with the states and federal government entities. Having signed treaties as equals with the United States Government in 1851 and in 1868, which established the original boundaries of the Great Sioux Nation. The tribe staunchly asserts these treaty rights to remain steadfast and just as applicable today as on the day they were made.
The Standing Rock Sioux Reservation was greatly reduced through the Act of March 2, 1889, also known as the Dawes Act and the Allotment Act. This opened up the reservations throughout the United States to settlement by non-Indian entities, thus creating checker-boarded land ownership within the Standing Rock Reservation. The tribe maintains jurisdiction on all reservation lands, including rights-of-way, waterways, and streams running through the reservation; this in turn leads to on-going jurisdictional disputes in criminal and civil court. Recent cases have contributed to the contentious issues in this iron triangle between the Federal, State, and Tribal governments.
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