Impact of Colonization

The Apache Tribe's Struggle for Land Rights: A Historical Perspective

How reservations, executive orders and later land losses took most Apache homelands, and the claims, campaigns and legal efforts Apache nations have pursued since.

On this page
  1. From homelands to reservations
  2. How reservations were created
  3. Further losses
  4. Claims and legal efforts
  5. Land and identity
  6. Self-government and land today

From homelands to reservations

Before colonization, Apache groups moved through wide territories that differed from group to group. They were not “owned” in the manner of a deed, but each people had well-understood areas for living, farming, hunting and gathering, and they defended them. The idea of a fixed, bounded parcel was a feature of American law rather than of Apache land use, and this difference runs through the history that followed.

In the nineteenth century, as settlers arrived and the military campaigned, the federal government’s approach shifted toward confining Native nations on designated reservations. This article gives a general outline rather than a legal guide. Facts differ for each nation, and the nations’ own websites are the best source for current land information.

How reservations were created

Many reservations in the Southwest were created not by negotiated treaty but by executive order, meaning a decision of the President, or by acts of Congress. An executive order could set aside land, and a later one could shrink or change it. Several Apache reservations were established, redrawn and reduced through this process in the 1870s and 1880s.

Some general examples are documented:

  • The San Carlos area in Arizona became a reservation in the early 1870s and was later consolidated for various Western Apache groups. Parts of the original area were later removed for mining and other uses.
  • The Mescalero Reservation in New Mexico was set up in the early 1870s, after the Bosque Redondo period, in the Sacramento Mountains area that is a historic Mescalero homeland.
  • The Jicarilla reservation in northern New Mexico was created in the 1880s, following years of uncertainty and moves, a story told in the article on the Jicarilla reservation history.
  • The White Mountain Apache and other Western Apache communities in Arizona live on reservations that are much smaller than their earlier territories.

Other Apache peoples had different experiences. The Chiricahua were held as prisoners of war until 1913, after which some people chose to move to Mescalero and others stayed near Fort Sill in Oklahoma. Lipan Apache and Plains Apache communities have their own, separate land histories, including allotments in Oklahoma for the Plains Apache.

Further losses

Reservation boundaries did not remain fixed. Pressure from miners, ranchers and settlers led to reductions and to the removal of valuable areas, and federal policy at times opened Native land to outside use. The allotment policy of the late nineteenth century, associated with the Dawes Act, divided some Native lands into individual parcels and opened the remainder to non-Native settlement, with major effects in many regions. It affected different Apache communities in different ways, and readers should avoid assuming it applied equally everywhere.

Water was a separate and continuing issue. In dry country, rights to rivers and springs may matter as much as the land itself, and disputes over water have taken a long time to resolve in many places.

In the twentieth century, Native nations gained new avenues to challenge past losses. The Indian Claims Commission, established in 1946, allowed tribes to bring claims, generally for money rather than the return of land. Several Apache nations took part in Indian Claims Commission cases, and the outcomes varied. The topic of Apache land claims is covered under federal law, and the details differ from case to case.

Other efforts have included negotiating or litigating over boundaries, water, access to sacred places and management of resources. Some nations have also bought back land to rebuild their land base. Recent decades have also seen public debate over places important to Apache communities, such as the Oak Flat area in Arizona. Readers interested in any current dispute should consult reliable, up-to-date news sources and the nation’s own statements, as positions and legal status can change.

Land and identity

For many Apache peoples, land is tied to history, ceremony, kinship and stories, not just to economic value. Place names, sacred sites and seasonal camping areas are part of cultural memory. This is why issues such as access, protection and stewardship matter in ways that go beyond ownership. These themes are discussed further in the articles on Apache sacred site protection and Apache land stewardship.

Self-government and land today

Today, Apache nations govern their reservations under their own constitutions or other governing documents and manage land for housing, grazing, forestry, farming, recreation and enterprises. Federal trust status, which means the United States holds title in trust for a nation, shapes what a nation can do with its land, and its details are complex. This article is not legal advice. Anyone needing accurate current information on land status should consult a nation’s official website or a qualified attorney.

The complete guide to impact of colonization

Apache Tribe History: The Impact of Colonization on Apache Society
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