This story is a collaboration between Grist and High Country News and is reprinted with permission.
On a wet spring day in June, fog shrouded the Mission Mountains on the Flathead Indian Reservation in northwest Montana. Silver beads of rain clung to blades of grass and purple lupine. On a ridge overlooking St. Mary’s Lake in the southeastern corner of the reservation, the land was mostly cleared of trees after state-managed logging operations. Some trees remained, mainly firs and pines, spindly things that once grew in close quarters but now looked exposed without their neighbors.
Viewed from the sky, the logged parcel was strikingly square despite the mountainous terrain. It stood in contrast to the adjacent, tribally managed forest, where timber operations followed the topographic contours of watersheds and ridgelines or imitated fire scars from lightning strikes.
“It’s not that they’re mismanaging everything, but their management philosophy and scheme do not align with ours,” said Tony Incashola Jr., the director of tribal resources for the Confederated Salish and Kootenai Tribes, or CSKT, as he looked out the window of his Jeep at the landscape. “Their tactics sometimes don’t align with ours, which in turn affects our capability of managing our land.”
This nearly clear-cut, 640-acre parcel is state trust land and is a small part of the 108,886 state-owned acres, above- and belowground, scattered across the reservation — this despite the tribal nation’s sovereign status.
The Douglas fir and ponderosa pine trees that remained in the square would thrive on the occasional fire and controlled burn after logging operations, benefiting the next generation of trees. Instead, the area was unburned, and shrubs crowded the ground. “I see this stand right here looking the exact same in 20 years,” said Incashola. It’s his first time being on this land, despite a lifetime on the reservation — because it’s state land, the gate has always been locked.
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State trust lands, on and off Indian reservations, make up millions of acres across the Western United States and generate revenue for public schools, universities, jails, hospitals and other public institutions by leasing them for oil and gas extraction, grazing, rights of way, timber, and more. The state of Montana, for example, manages 5.2 million surface acres and 6.2 million subsurface acres, a term pertaining to oil, gas, minerals, and other underground resources, which distributed $62 million to public institutions in 2023. The majority of that money went to K-12 schools — institutions serving primarily non-Indigenous people.
States received many of these trust lands upon achieving statehood, but more were taken from tribal nations during the late 19th and early 20th centuries through a federal policy of allotment, in which reservations were forcibly cut up into small parcels in an effort to make Indigenous peoples farmers and landowners. The policy allowed for about 90 million acres of reservation lands nationwide to move to non-Indigenous ownership. On the Flathead Reservation, allotment dispossessed the CSKT of a million acres, more than 60,000 of which were taken to fund schools.
But the Flathead Reservation is just one reservation checkerboarded by state trust lands.
To understand how land and resources taken from Indigenous peoples and nations continue to enrich non-Indigenous citizens, Grist and High Country News used publicly available data to identify which reservations have been impacted by state trust land laws and policies; researched the state institutions benefiting from these lands; and compiled data on many of the companies and individuals leasing the land on those reservations.
Altogether, we located more than 2 million surface and subsurface acres of land on 79 reservations in 15 states that are used to support public institutions and reduce the financial burden on taxpayers. In at least four states, five tribal nations themselves are the lessees — paying the state for access to, collectively, more than 57,700 acres of land within their own reservation borders.
However, due to instances of outdated and inconsistent data from federal, state, and tribal cartographic sources, our analysis may include lands that do not neatly align with some borders and ownership claims. As a result, our analysis may be off by a few hundred acres. In consultation with tribal and state officials, we have filtered, clipped, expanded, and otherwise standardized multiple data sets with the recognition that in many cases, more accurate land surveying is necessary.
The state trust lands that came from sanctioned land grabs of the early 20th century helped bolster state economies and continue to underwrite non-Indian institutions while infringing on tribal sovereignty. “The justification for them is very old. It goes back to, really, the founding of the U.S.,” said Miriam Jorgensen, research director for the Harvard Project on Indigenous Governance and Development. The goal, she said, was to help settlers and their families gain a firmer foothold in the Western U.S. by funding schools and hospitals for them. “There’s definitely a colonial imperative in the existence of those lands.”
Although tribal citizens are a part of the public those institutions are supposed to serve, their services often fall short. On the Flathead Reservation, for example, Indigenous youth attend public schools funded in part by state trust lands inside the nation’s boundaries. However, the state is currently being sued by the CSKT, as well as five other tribes, over the state’s failure over decades to adequately teach Indigenous curriculum despite a state mandate to do so. Arlee High School is a public school on the Flathead Reservation. Six tribes, including CKST, have sued the state of Montana for failing to implement its Indian Education for All curriculum in public schools over the past few decades, despite a mandate to do so.
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Since 2022, the CSKT and the state of Montana have been negotiating a land exchange in which the tribe will see some 29,200 acres of state trust lands on the reservation returned, which could include the logged, 640-acre parcel near St. Mary’s Lake. In the trade, Montana will receive federal lands from the Department of the Interior and the Department of Agriculture, or potentially both, elsewhere in the state. Such a return has been “the want of our ancestors and the want of our tribal leaders since they were taken,” Incashola said. “It’s not a want for ownership, it’s a want for protection of resources, for making us whole again to manage our forests again the way we want to manage them.”
Tribal nations and states have struggled with state and federal governments over jurisdiction and land since the inception of the United States, says Alex Pearl, who is Chickasaw and a professor of law at the University of Oklahoma. But the potential return of state trust lands represents an opportunity for LandBack on a broad scale: an actionable step toward reckoning with the ongoing dispossession of territories meant to be reserved for tribes. “The LandBack movement that started as protests has become a viable policy, legally,” Pearl said.
The Uintah and Ouray Indian Reservation is one of the largest reservations in the U.S., stretching 4.5 million acres across the northeastern corner of Utah. But on closer look, the reservation is checkerboarded, thanks to allotment, with multiple land claims on the reservation by individuals, corporations, and the state of Utah. Altogether, the Ute Tribe oversees about a quarter of its reservation.
The state of Utah owns more than 511,000 surface and subsurface acres of trust lands within the reservation’s borders. And of those acres, the Ute Tribe is leasing 47,000 — nearly 20 percent of all surface trust land acreage on the reservation — for grazing purposes, paying the state to use land well within its own territorial boundaries. According to Utah’s Trust Lands Administration, the agency responsible for managing state trust lands, a grazing permit for a 640-acre plot runs around $300. In the last year alone, the Utes have paid the state more than $25,000 to graze on trust lands on the reservation.
Of all the Indigenous nations in the U.S. that pay states to utilize their own lands, the Ute Tribe leases back the highest number of acres. And while not all states have publicly accessible lessee information with land-use records, of the ones that did, Grist and High Country News found that at least four other tribes also lease nearly 11,000 acres, combined, on their own reservations: the Southern Ute Tribe, Navajo Nation, Pueblo of Laguna, and Zuni Tribe. According to state records, almost all of these tribally leased lands — 99.5 percent — are used for agriculture and grazing.
The Pueblo of Laguna, Zuni, part of the Navajo Reservation, and Ramah Navajo, a chapter of Navajo Nation, are located in the state of New Mexico, which owns nearly 143,000 surface and subsurface acres of state trust lands across a total of 13 reservations. The Navajo Nation leases all 218 acres of New Mexico state trust lands on its reservation, while the Ramah Navajo leases 17 percent of the 24,600 surface state trust land acres within its reservation’s borders. The Pueblo of Laguna leases more than half of the 11,200 surface trust land acres in its territory, while the Zuni Tribe leases 37 of the 60 surface trust land acres located on its reservation. The nations did not comment by press time.
Cris Stainbrook, president of the Indian Land Tenure Foundation, said that for tribes, the cost of leasing state trust lands on their reservations for grazing and agriculture is likely lower than what it would cost to fight for ownership of those lands. But, he added, those lands never should have been taken from tribal ownership in the first place.
“Is it wrong? Is it fundamentally wrong to have to lease what should be your own land? Yes,” said Stainbrook. “But the reality of the situation is, the chances of having the federal or state governments return it is low.”
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