As far as the treaty goes, that matter was settled 37 years ago. The Lakota are unwilling to accept the rule of law. Their leadership has clearly decided to subordinate the economic needs of their people to the western (non Indian) principle of land ownership.Yes, the violation of the treaty is what makes it criminal...but I guess the Lakota who I have heard (and read) saying it is a desecration of the Six Grandfathers are ignorant of their own culture. Food for thought, eh?
From Wiki: "On July 23, 1980, in United States v. Sioux Nation of Indians, the Supreme Court of the United States ruled that the Black Hills were illegally taken by the federal government and ordered remuneration of the initial offering price plus interest, nearly $106 million. The Lakota refused the settlement, as they wanted the Black Hills returned to them. The money remains in an interest-bearing account, which, as of 2015, amounts to over $1.2 billion, but the Lakota still refuse to take the money. They believe that accepting the settlement would allow the US government to justify taking ownership of the Black Hills."
The Lakota were late comers to the black hills and only arrived 1) after small pox devastated their western neighbors in 1780 and 2) under pressure of pushed out of Minnesota by US expansion. They took the land from its previous owners (the Cheyenne, Crow, Kiowa, and Pawnee). I'm not sure what happened to their sacred land in Minnesota; it may not have been so sacred after all.
Black Elk was a chief of the Oglala Sioux and lived from 1863-1950. His visions were the spiritual guide for his tribe and those visions focused the black hills as the center of the spiritual world for them. They became sacred through those visions. His book "Black Elk Speaks" is all about his life and religious thinking. The adoption of the sacredness of the Black Hills came about in the late 19th C,
Today tribes call land sacred for political reasons. It helps them lay claim to lands for court battles and helps establish reasons to bring land into trust and make it part of a reservation and part of their sovereign territory. Tribes like to claim that all of the land that they moved about on as hunter gathers is sacred or contains sacred places. "Our traditional stories say we prayed on that hill 300 years ago so all the land between own home now and that hill is our sacred hunting ground." Tribes are using the courts to gain back land they lost to Europeans. Sedentary, nomadic and semi nomadic peoples needed lots of land to live and the low density population and wide open spaces of the American West gave them access to lots of it. There were no private land holdings. Tribes were all about beating up other tribes to get the best places. Now, land has economic value beyond buffalo and picking berries. Tribal leaders are no different than the rest of us. They use what tools they have to get more land. Many Tribal leaders today are as morally bankrupt as our president.