These states use stolen Indigenous land to fund prisons

State trust lands generate millions of dollars for carceral facilities and 
programs every year, largely from extractive industries like oil and gas 
drilling.
These states use stolen Indigenous land to fund prisons - High Country News
Steven Amos feels hopeful for once. He’s finishing a drug and alcohol treatment 
program, living in a halfway house, and working a new job, doing carpentry. “I 
love anything outdoors,” he said. “I’m happy I’m not locked up.” 

A member of the Northern Arapaho Tribe, Amos, age 53, grew up with the 
snow-capped Rocky Mountains set like a painting behind his childhood home in 
Ethete, Wyoming, on the Wind River reservation. He loved hunting and fishing 
along the Little Wind River, but his family — as well as many Wind River 
neighbors — had no running water, sometimes no electricity, or enough to eat. 

The reservation’s stunning landscape conceals more than a century of theft and 
neglect by the United States, whose officials stole Arapaho land, then doled it 
out to ranchers, real estate moguls, miners, and public institutions, while 
forcing the tribal nation to scrape together a future any way it could. 

One of Amos’s most searing childhood memories is watching police beat up his 
father. “They call it generational trauma,” he said, “It keeps going and going 
and going, and people don’t want to confront that. They want to sweep it under 
the rug.” He received his first prison sentence when he was 19 years old, and 
drifted in and out of jails and prisons for decades after that.
Some of the carceral facilities where Amos was sent are paid for, in part, with 
Arapaho land and resources, through activities like oil and gas extraction and 
cattle grazing. 
To build America, the U.S. government enacted laws to redistribute Indigenous 
lands they had taken. Some land was given to individuals and corporations to 
build homes or private empires, through laws like the Homestead Act and the 
Pacific Railway Act, while the Morrill Act offered up freshly seized land as 
capital for states to establish what became known as land grant universities.

Separately, the legislation that transformed frontier territories into states — 
known as Enabling Acts — contained handouts of land that state governments 
could use to pay for public institutions. Those offerings are generally called 
state trust lands and continue to be used to fund public institutions, mostly 
K-12 schools, but also universities, hospitals, and penitentiaries.

Last year, in Wyoming alone, nearly 409,000 acres of former and current 
Arapaho, Shoshone, Goshute, Bannock, Crow, Cheyenne, and Sioux land now held by 
the state as state trust lands, produced at least $8 million in revenue for the 
Department of Corrections. At least 200 acres of land inside the boundaries of 
the Wind River Reservation are also earmarked to provide revenue for 
corrections.

To acquire those lands, the U.S. paid less than $1.5 million to tribes through 
legal treaty agreements. However, more than a third of the lands were taken 
through military action with no reimbursement to Indigenous nations for their 
stolen territories.

“There’s a direct link between incarceration and the history of land theft our 
communities have endured,” said Sunny Red Bear, a member of the Cheyenne River 
Sioux Tribe and associate director of organizing for NDN Collective. “Our 
ancestral lands were taken, disrupting our traditional ways of life and 
governance. Displacement led to economic hardship and social challenges that 
have made our communities more vulnerable to the criminal justice system.”

Across the U.S., Indigenous people are incarcerated at a rate four times higher 
than white people, according to the Prison Policy Initiative, a non-profit 
research organization dedicated to addressing over-criminalization. In South 
Dakota, North Dakota, and Montana, about a quarter or more of the state prison 
population is Indigenous, even though Native people make up less than a tenth 
of each state’s population. Nationally, Native youth are incarcerated at a 
higher rate than Hispanic, Asian, and white people combined.

“The priorities are not to build treatment centers; they’re not to help with 
the healing our communities are needing,” said Red Bear, who has helped lead 
efforts to pressure officials in Rapid City, South Dakota to address 
discriminatory policing. “The redirecting of these funds could be used for so 
many different things including affordable housing, or substance abuse 
programs, or mental health programs, or youth programs, or restorative justice 
programs or reentry programs.” 




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