14.1 Land Issues: Fractionation and Trust Land Management

Land fractionation and trust land management pose significant challenges for Native American tribes today. These issues stem from the 1887 Dawes Act, which divided tribal lands into individual parcels, leading to complex ownership patterns and reduced tribal control.

Trust lands, held by the federal government for tribes, offer protection but limit economic opportunities. The Bureau of Indian Affairs manages these lands, but faces criticism for inefficiency. Recent efforts like the Land Buy-Back Program aim to address fractionation, but challenges persist in preserving tribal sovereignty and land rights.

Land Allotment and Fractionation

Origins and Process of Allotment

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• Allotment initiated by Dawes Act of 1887 divided tribal lands into individual parcels
• Aimed to assimilate Native Americans into mainstream American society through private land ownership
• Typically allocated 160 acres to each family head, 80 acres to single adults
• Surplus lands often sold to non-Native settlers, reducing tribal land base
• Resulted in loss of approximately 90 million acres of Native American lands by 1934

Consequences of Fractionation

• Fractionation occurs when allotted lands pass to multiple heirs over generations
• Creates increasingly smaller ownership interests in a single parcel of land
• Heirship process leads to hundreds or thousands of owners for a single tract
• Probate procedures become complex and time-consuming due to multiple heirs
• Reduces land productivity and economic value (difficult to obtain consensus for land use decisions)
• Creates management challenges for both individual owners and tribal governments

Impacts on Reservation Landscapes

• Checkerboard reservations emerge from mixed ownership patterns
• Consists of alternating plots of tribal trust land, allotted trust land, and fee simple land
• Complicates jurisdiction and law enforcement on reservations
• Hinders economic development and natural resource management
• Fragments ecosystems and traditional cultural landscapes
• Increases administrative costs for tribal governments and federal agencies

Trust Land Management

Trust Land Characteristics and Restrictions

• Trust land held by federal government for benefit of tribes or individual Native Americans
• Restricted from sale, lease, or encumbrance without federal approval
• Provides protection against further loss of tribal land base
• Exempt from state and local property taxes
• Subject to federal and tribal laws, limited state jurisdiction

Fee Simple Land and Its Implications

• Fee simple land owned outright by individuals or entities, including non-Natives
• Can be freely sold, leased, or used as collateral without federal restrictions
• Subject to state and local property taxes and jurisdiction
• Presence on reservations complicates tribal sovereignty and governance
• May lead to loss of tribal control over reservation resources and development

Role of the Bureau of Indian Affairs

• Bureau of Indian Affairs (BIA) responsible for managing trust lands and resources
• Approves leases, permits, and other land use agreements on trust lands
• Maintains land title records and oversees probate processes
• Provides technical assistance for natural resource management on trust lands
• Criticized for inefficiency and mismanagement of Indian trust assets
• Efforts to reform trust management ongoing (Indian Trust Asset Reform Act of 2016)

Land Consolidation Efforts

Indian Land Consolidation Act and Its Amendments

• Indian Land Consolidation Act of 1983 aimed to reduce fractionation
• Authorized tribes to adopt land consolidation plans
• Allowed for purchase of fractional interests by tribes or the federal government
• Amendments in 2000 and 2004 expanded program and addressed constitutional concerns
• Established minimum interest size for inheritance to prevent further fractionation
• Created opportunities for voluntary land exchanges and gift deeds to tribes

Implementation of Land Buy-Back Program

• Land Buy-Back Program for Tribal Nations established in 2012
• Part of Cobell v. Salazar settlement, addressing mismanagement of Individual Indian Money accounts
• Allocated $1.9 billion to purchase fractional interests from willing sellers
• Consolidated interests transferred to tribal trust ownership
• Prioritized highly fractionated reservations for implementation
• Achieved consolidation of over 2.8 million equivalent acres by 2021
• Faces challenges of limited funding and time constraints for full resolution of fractionation