When Gerald Rudolph Ford was sworn in as President in August 1974, he inherited a conflict that was already a century in the making.
Ninety-seven years earlier, in the Black Hills of South Dakota, the federal government entered into an agreement with a small group of Sioux Indians. The February 1877 agreement called for the Sioux to relinquish their rights to the Black Hills, a range of sprawling, tree-covered mountains the Sioux had occupied since the 1770s.
In exchange for 7.3 million acres of land in the Black Hills—and rights to gold Lt. Col. George Armstrong Custer discovered there in 1874—the government promised allotments in Indian Territory, along with “all necessary aid to assist the said Indians in the work of civilization.” It also promised rations of beef, bacon, flour, corn, coffee, sugar and beans, etc., “until the Indians are able to support themselves.”
Ten percent of the Sioux Nation’s adult male population signed the agreement, along with representatives from the Northern Arapaho and Cheyenne nations. But the agreement, later passed by Congress, directly violated the Fort Laramie Treaty of 1868, in which the Black Hills, were “set apart for the absolute and undisturbed use and occupation of the Indians,” and determined that land would not be ceded without approval from three-fourths of the tribe’s adult male population.
Although the Sioux believed the 1877 act violated the 1868 treaty, they had no way to pursue litigation against the United States. That changed in 1946 when President Harry S. Truman signed the Indian Claims Commission Act, establishing a process for resolving long-standing disputes between Indians and the federal government.
The Sioux Nation filed an initial claim in 1950. Twenty-four years later, in February 1974, the Indian Claims Commission ruled that the United States took the Black Hills illegally. The commission also determined that the 1877 value of the land—and gold discovered there—was copy7.5 million (inflated to copy03 million by 1974).
Two months after taking office, Ford signed the Indian Claims Commission Appropriations Legislation, which he called an opportunity “to take clear and decisive action” to make things right. “Although we cannot undo the injustices from our history, we can insure that the actions we take today are just and fair and designed to heal such wounds from the past,” he said.
Ford called on the government to pay the monetary claim, but did not take action to return the land. The Sioux refused the money, which still sits in the U.S. Treasury, earning interest.
































































