I KNOW IT IT LONG BUT PLEASE HELP ME PLEASE QUESTION: How does the Indian reservation have an effect on the right of occupancy

THESE ARE MY NOTES THE ANSWER IS IN IT

In the United States v. Cramer, Original Indian Title was held valid even though it was not created or recognized by treaty, an act of Congress, or an Executive order. The land in question was claimed by the Right of Occupancy. To further understand the connection between Original Indian Title and the Right of Occupancy (and why they are sometimes used interchangeably), the following quote from the Report of the Commissioner of Indian Affairs for 1872 will help. “Such being the right of the Indian to the soil (Original Indian Title), the United States for more than eighty-five years pursued a uniform course of extinguishing the (Original) Indian title only with the consent of those Indian tribes which were recognized as having claim by reason of occupancy.” For our class, Original Indian Title comes with two rights to property, the first being the right to occupy the land claimed by Original Indian Title. Neither the Secretary of the Interior, Congress, or any other branch of government, has the Constitutional power to disregard the Right of Occupancy and this fact is settled government policy. Congress has recognized Original Indian Title in several state enabling acts (or acts of Congress officially creating/recognizing a state) by requiring the incoming state to disclaim all right and title to lands owned or held by any Indian or Indian tribe. The Supreme Court of the US has also ruled that the purchase of territory from other nations (such as the Treaty of Guadalupe Hidalgo which transferred territory that included current-day California, Nevada, Utah, Arizona, and New Mexico) does not wipe out Original Indian Title. From our class discussion on Discovery, what the Treaty of Guadalupe Hidalgo transferred to the United States was the right to purchase/conquer the lands of that territory from tribes (the Federal Government cannot grant what it does not have). Where no land cession has been freely made by a tribe, Original Indian Title remains unaffected. So, the second right of Original Indian Title is to transfer that title to the sovereign possessing the right of Discovery. Title by conquest, or title obtained through military force, has, for the most part, not been asserted by the United States. To quote Thomas Jefferson, “That the lands of this country were taken from them (Native Americans) by conquest is not so general truth as supposed. I find in our historians and records, repeated proofs of purchase, which cover a considerable part of the lower country...The upper country, we know, has been acquired altogether by purchases made in the most unexceptional form.” There are two ways in which the United States could have acquired its territory, the only way used was that of voluntary cession through compensation (or, to put simply, purchase). According to Felix Cohen, by 1946, the United States agreed to spend at least $800 million in purchasing lands from Native Americans. Factoring in inflation, today that would be around $8.5 billion. To further understand Original Indian Title, some information must be shared about the concept of “Indian reservations.” To begin, “reserve” is defined as “to refrain from using or disposing of (something); to retain for future use. “Indian reservations” did not describe land but were named for how the land came to exist as an “Indian reservation.” When the United States would attempt to purchase land of Native Americans, “Indian reservations” were created by removing those lands from the purchase so the tribe would continue to hold Original Indian Title within those boundaries. These purchases of land would take place, first, in the various treaties signed with Native American Nations and, second, in the acts of Congress. This did not create a title but, rather, did not allow for the complete surrender of the Original Indian Title which had already existed. While there are many moments in history that would appear to contradict the concept of Original Indian Title and this discussion is far from an in-depth overview of either Original Indian Title or the Right of Occupancy, the basic ideas I have discussed are the foundation of US title to its property.
Original Indian Title contains two very basic rights, the right to occupy the lands involved and the right to sell those lands to the government who possesses the right of Discovery. Though the United States had the right to conquer Native American lands to claim possession, the fact is that the common approach was to avoid military conflict and to purchase those lands instead. Finally, Native American tribes would often reserve lands from those purchases, retaining the claim to Original Indian Title as far as “Indian reservations” were concerned.