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HOME Special attractions Powwows cultural tours & programs recreation Lodging & dining stores & businesses	UNRESOLVED RIGHTS In over 200 years of dealings with the government of the United States of America, the Lower Brule Sioux have held the position that an implicit unfairness on the side of the American government has been consistently exhibited. Through legal maneuvering and manipulation of laws and treaties the United States has gained a tarnished image in regards to honest dealings with Indian nations. Needless to say this behavior has left the Tribal side of the relationship with the notion that the U.S. Government is attempting to undermine the legitimate claims of Tribal peoples. This belief has led the Tribe to claim certain rights and guarantees based upon treaty promises and other negotiated agreements, as they (and international law) understand them. The Tribe’s position is contrary to that of the United States, which arbitrarily modified and deleted certain portions of these mutual agreements to their sole benefit, and without the other signatories’ knowledge. These constant and ever-changing attempts on the part of the U.S. Government have led the Tribe to document and continue working for satisfactory closure on so-called "Unresolved Rights". The goal, of course, is to reach the oft-promised but never truly encouraged "Self Sufficiency" that Indian Nations have dreamt of since the first sign of Euro-American domination. Some examples of these Unresolved Rights include: • The Black Hills and Great Sioux Nation Reservation Settlement. Currently the Sioux Nation has over $700,000,000 in the United States Treasury. This amount was only established after fighting the longest running court case in American history; the Lakota have refused these monies, as this amount does not compensate for the loss of the Black Hills and the rest of the Great Sioux Nation Reservation. • The Missouri River and Sioux Nation Water Rights. Currently, the Missouri River is the largest non-adjudicated body of water in the United States. The Lakota believe that the river is jointly owned by various Indian Nations. The Lakota continue to resist the implementation of quantification, a legal process that determines which entities are entitled to what portion of the river's flow. The Lakota and other Tribes believe that all the water belongs to Indians based upon treaties and mutual agreements made before the establishment of the states. • Sacred Sites and Places. The Lakota never sold any of their ancestral sacred places. Currently, the arbitrary system of ownership promoted by the United States provides that access to traditional holy places depends upon permission gained from the current "owner" – a landowner who inherited lands originally stolen or "taken" by the United States from the Tribes. This is an anathema to traditional worshippers who are governed by strictures and covenants that view this aggressive process of divestment as sacrilege. A great number of traditional worship sites are located on current federal lands. The bitter irony of this situation is that the United States was founded on the principle of "Freedom of Religion" for all. For traditional practitioners, this promise to the people falls flat when applied to the First Americans. • In 1953 the Lower Brule Sioux Tribe won a No-Cash settlement for a one-mile deep strip of land along the entire southern boundary of the 1898 Reservation. This No-cash settlement recognized that the Tribe was correct in their claim to ownership of that strip of land. However, the federal courts ruled that this strip of land would be considered as "Offsets" for all services, goods, and material received by the Tribe up until that date and time. This 1953 ruling totally ignored the fact that the Lower Brule Sioux Tribe had paid for all future services, goods, and materials, after agreeing in 1865 to settle in peace upon a reservation and to relinquish title to certain other lands. There are many other jurisdictional issues that have arisen from the sovereign status of the Tribes, including control over airspace, airwaves and environmental impacts.

KUL WICASA OYATE - Lower Brule Sioux Tribe

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UNRESOLVED RIGHTS

In over 200 years of dealings with the government of the United States of America, the Lower Brule Sioux have held the position that an implicit unfairness on the side of the American government has been consistently exhibited. Through legal maneuvering and manipulation of laws and treaties the United States has gained a tarnished image in regards to honest dealings with Indian nations. Needless to say this behavior has left the Tribal side of the relationship with the notion that the U.S. Government is attempting to undermine the legitimate claims of Tribal peoples.

This belief has led the Tribe to claim certain rights and guarantees based upon treaty promises and other negotiated agreements, as they (and international law) understand them. The Tribe’s position is contrary to that of the United States, which arbitrarily modified and deleted certain portions of these mutual agreements to their sole benefit, and without the other signatories’ knowledge. These constant and ever-changing attempts on the part of the U.S. Government have led the Tribe to document and continue working for satisfactory closure on so-called "Unresolved Rights". The goal, of course, is to reach the oft-promised but never truly encouraged "Self Sufficiency" that Indian Nations have dreamt of since the first sign of Euro-American domination.

Some examples of these Unresolved Rights include:

• The Black Hills and Great Sioux Nation Reservation Settlement. Currently the Sioux Nation has over $700,000,000 in the United States Treasury. This amount was only established after fighting the longest running court case in American history; the Lakota have refused these monies, as this amount does not compensate for the loss of the Black Hills and the rest of the Great Sioux Nation Reservation.

• The Missouri River and Sioux Nation Water Rights. Currently, the Missouri River is the largest non-adjudicated body of water in the United States. The Lakota believe that the river is jointly owned by various Indian Nations. The Lakota continue to resist the implementation of quantification, a legal process that determines which entities are entitled to what portion of the river's flow. The Lakota and other Tribes believe that all the water belongs to Indians based upon treaties and mutual agreements made before the establishment of the states.

• Sacred Sites and Places. The Lakota never sold any of their ancestral sacred places. Currently, the arbitrary system of ownership promoted by the United States provides that access to traditional holy places depends upon permission gained from the current "owner" – a landowner who inherited lands originally stolen or "taken" by the United States from the Tribes. This is an anathema to traditional worshippers who are governed by strictures and covenants that view this aggressive process of divestment as sacrilege. A great number of traditional worship sites are located on current federal lands. The bitter irony of this situation is that the United States was founded on the principle of "Freedom of Religion" for all. For traditional practitioners, this promise to the people falls flat when applied to the First Americans.

• In 1953 the Lower Brule Sioux Tribe won a No-Cash settlement for a one-mile deep strip of land along the entire southern boundary of the 1898 Reservation. This No-cash settlement recognized that the Tribe was correct in their claim to ownership of that strip of land. However, the federal courts ruled that this strip of land would be considered as "Offsets" for all services, goods, and material received by the Tribe up until that date and time. This 1953 ruling totally ignored the fact that the Lower Brule Sioux Tribe had paid for all future services, goods, and materials, after agreeing in 1865 to settle in peace upon a reservation and to relinquish title to certain other lands.

There are many other jurisdictional issues that have arisen from the sovereign status of the Tribes, including control over airspace, airwaves and environmental impacts.