Indian reservation
U.S. Reservations
In the United States an Indian reservation is land which is managed by a Native American tribe under the United States Department of the Interior. Because the land is federal territory and Native Americans have limited national sovereignty, there are often legal casinoss on reservations. See also: Political divisions of the United States
In Canada, the corresponding term is officially Indian reserve, although the terms First Nations reserve and First Nation are also widely used. A reserve is specified in the Canadian Indian Act as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." The Act gives the Minister of Indian Affairs the right to "determine whether any purpose for which lands in a reserve are used is for the use and benefit of the band." Title to land within the reserve may only be transferred to the band or to individual band members.
Reserve lands may not be seized legally, nor is the personal property of a band or a band member living on a reserve subject to "charge, pledge, mortgage, attachment, levy, seizure distress or execution in favour or at the instance of any person other than an Indian or a band" (section 89 (1) of the Indian Act). As a result reserves and their residents have great difficulty obtaining financing. Provinces and municipalities may exppropriate reserve land only if specifically authorized by a provincial or federal law.
In all, there are over 600 occupied reserves in Canada, most of them quite small in area.
Few reserves have any economic advantages, such as resource revenues. The revenues of those reserves whch do are held in trust by the Minister of Indian Affairs.
Reserve lands and the personal property of bands and resident band members are exempt from all forms of taxation except local taxation. Corporations owned by members of First Nations are not exempt, however. This exemption has allowed band members operating in proprietorships or partnerships to sell heavily taxed goods such as cigarettes on their reserves at prices considerably lower than those at stores off the reserves.
Most reserves are self-governed under guidelines established by the Indian Act.
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Canadian Reserves
List of Indian reservations in the United States (incomplete)
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