The Right to Occupancy

Because the U.S. government holds the exclusive right of discovery over all lands, indigenous land titles only give Indigenous Peoples the right to occupy and use their lands. This means that they can use the land so long as the U.S. government doesn't decide they have another use for it. In practice, this allows the U.S. government to completely disregard and unilaterally end treaty agreements made with indigenous nations.

This right is made clear by the United States Supreme Court in Johnson v. McIntosh.

Excerpts from Johnson v. McIntosh:

While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate dominion to be in themselves; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all, to convey a title to the grantees, subject only to the Indian right of occupancy.

The British government, which was then our government, and whose rights have passed to the United States, asserted title to all the lands occupied by Indians, within the chartered limits of the British colonies. It asserted also a limited sovereignty over them, and the exclusive right of extinguishing the title which occupancy gave to them. The title to a vast portion of the lands we now hold, originates in them. It is not for the Courts of this country to question the validity of this title, or to sustain one which is incompatible with it.

 

www.indigenousrightswatch.org