Treaties in the United States of America

Between 1778 and 1871, the United States Government entered into over 500 treaties with American Indian nations.

In 1871, the US House of Representatives stopped recognising individual tribes as independent nations, putting an end to the treaty-making era. Existing treaties remain valid and enforceable.

Until this point, American Indian nations were considered domestic, dependent tribes. Treaties between tribes and the US government had to be approved by US Congress. Approximately 374 treaties were ratified.

The provisions of individual treaties differ widely, but generally speaking the emphasis of treaty negotiations was to guarantee peace. The treaties also delineated boundaries of Native American lands and secured rights including beneficial ownership of tribal lands, such as hunting and fishing rights, as well as entitlement to federal services, such as health and education.

Treaties and enforcement: The Dakota Access Pipeline

In 2016, a dispute arose around treaty obligations in relation to the Dakota Access Pipeline (DAPL).

Grassroots protests emerged in response to approval of the construction of a new crude oil access pipeline on the lands of the Standing Rock Sioux Tribe in South Dakota. The local community considered the pipeline construction to be a threat to their drinking water and claimed that the DAPL breached their treaty rights under Article II of the Fort Laramie Treaty, which guarantees the 'undisturbed use and occupation' of reservation lands.

Many Indigenous groups around the globe joined the Standing Rock Sioux Tribe’s protest as water protectors.

Litigation supported by national legal advocacy organisations delayed the completion of the DAPL and in 2016, President Obama announced his administration would examine the rerouting of the pipeline. However, in 2017, President Donald Trump signed a presidential memorandum to advance approval of construction of the DAPL, justifying this action on the basis of economic benefit to American citizens.

Construction of the DAPL was completed in April 2017, but litigation has followed to oppose its expansion.

See Native Knowledge 360 for more information.