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Why Tribes Exist Today in the United States
*Legal Gambling Age On Indian Reservations Las Vegas
*Legal Gambling Age On Indian Reservations Near Me
*Legal Gambling Age On Indian Reservations Sites
From 1778 to 1871, the United States’ relations with individual American Indian nations indigenous to what is now the U.S. were defined and conducted largely through the treaty-making process. These “contracts among nations” recognized and established unique sets of rights, benefits, and conditions for the treaty-making tribes who agreed to cede of millions of acres of their homelands to the United States and accept its protection. Like other treaty obligations of the United States, Indian treaties are considered to be “the supreme law of the land,” and they are the foundation upon which federal Indian law and the federal Indian trust relationship is based.What is the legal status of American Indian and Alaska Native tribes?
Article 1, Section 8 of the United States Constitution vests Congress, and by extension the Executive and Judicial branches of our government, with the authority to engage in relations with the tribes, thereby firmly placing tribes within the constitutional fabric of our nation. When the governmental authority of tribes was first challenged in the 1830’s, U. S. Supreme Court Chief Justice John Marshall articulated the fundamental principle that has guided the evolution of federal Indian law to the present: That tribes possess a nationhood status and retain inherent powers of self-government.
The federal Indian trust responsibility is a legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian tribes (Seminole Nation v. United States, 1942). This obligation was first discussed by Chief Justice John Marshall in Cherokee Nation v. Georgia (1831). Over the years, the trust doctrine has been at the center of numerous other Supreme Court cases, thus making it one of the most important principles in federal Indian law.
The federal Indian trust responsibility is also a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes and villages. In several cases discussing the trust responsibility, the Supreme Court has used language suggesting that it entails legal duties, moral obligations, and the fulfillment of understandings and expectations that have arisen over the entire course of the relationship between the United States and the federally recognized tribes.
The minimum gambling age is 21 at all other Indian casinos except for the following: Ojibwa, Ojibwa II, Island Resort, Leelanau Sands, Lac Vieux, Turtle Creek, and Soaring Eagle. The seven casinos listed have a minimum gambling age of 18. Michigan Sports Betting. There is legal sports betting in Michigan casinos. Excursion boat gambling, including coin-operated games legal. Gambling on land prohibited except for on Indian reservations. Other Kinds of Gambling-Related Activities Allowed or Banned. Bookmaking; card counting; pyramid games illegal. Raffles not exceeding $200 in value; bingo legal. American Indian Casinos. American Indian reservations are held in trust by the federal government, which passed the Indian Gaming Regulatory Act in 1988 to authorize casino gambling on Indian reservations. As a result, they might have different age limitations from what you’ll find in the rest of the state.
Minimum Casino Gambling Age. Each state or province determines its own minimum age for casino gambling, however Native American casinos are exempt from state jurisdiction and can lower the minimum age to 18 under the Federal Indian Gaming and Regulatory Act. Some states have 2 minimum ages (18 in some tribal casinos, 21 in others).
A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.
Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States. At present, there are 574 federally recognized American Indian and Alaska Native tribes and villages.
Historically, most of today’s federally recognized tribes received federal recognition status through treaties, acts of Congress, presidential executive orders or other federal administrative actions, or federal court decisions.
In 1978, the Interior Department issued regulations governing the Federal Acknowledgment Process (FAP) to handle requests for federal recognition from Indian groups whose character and history varied widely in a uniform manner. These regulations – 25 C.F.R. Part 83 – were revised in 1994 and are still in effect.
Also in 1994, Congress enacted Public Law 103-454, the Federally Recognized Indian Tribe List Act (108 Stat. 4791, 4792), which formally established three ways in which an Indian group may become federally recognized:Legal Gambling Age On Indian Reservations Las Vegas
*By Act of Congress,
*By the administrative procedures under 25 C.F.R. Part 83, or
*By decision of a United States court.
However, a tribe whose relationship with the United States has been expressly terminated by Congress may not use the Federal Acknowledgment Process. Only Congress can restore federal recognition to a “terminated” tribe.Legal Gambling Age On Indian Reservations Near Me
The Federally Recognized Indian Tribe List Act also requires the Secretary of the Interior to publish annually a list of the federally recognized tribes in the Federal Register.What does tribal sovereignty mean to American Indians and Alaska Natives?
When tribes first encountered Europeans, they were a power to be reckoned with because the combined American Indian and Alaska Native population dominated the North American continent. Their strength in numbers, the control they exerted over the natural resources within and between their territories, and the European practice of establishing relations with countries other than themselves and the recognition of tribal property rights led to tribes being seen by exploring foreign powers as sovereign nations, who treatied with them accordingly.
However, as the foreign powers’ presence expanded and with the establishment and growth of the United States, tribal populations dropped dramatically and tribal sovereignty gradually eroded. While tribal sovereignty is limited today by the United States under treaties, acts of Congress, Executive Orders, federal administrative agreements and court decisions, what remains is nevertheless protected and maintained by the federally recognized tribes against further encroachment by other sovereigns, such as the states. Tribal sovereignty ensures that any decisions about the tribes with regard to their property and citizens are made with their participation and consent.
In the United States there are three types of reserved federal lands: military, public, and Indian. A federal Indian reservation is an area of land reserved for a tribe or tribes under treaty or other agreement with the United States, executive order, or federal statute or administrative action as permanent tribal homelands, and where the federal government holds title to the land in trust on behalf of the tribe.
Approximately 56.2 million acres are held in trust by the United States for various Indian tribes and individuals. There are approximately 326 Indian land areas in the U.S. administered as federal Indian reservations (i.e., reservations, pueblos, rancherias, missions, villages, communities, etc.). The largest is the 16 million-acre Navajo Nation Reservation located in Arizona, New Mexico, and Utah. The smallest is a 1.32-acre parcel in California where the Pit River Tribe’s cemetery is located. Many of the smaller reservations are less than 1,000 acres.
Some reservations are the remnants of a tribe’s original land base. Others were created by the federal government for the resettling of Indian people forcibly relocated from their homelands. Not every federally recognized tribe has a reservation. Federal Indian reservations are generally exempt from state jurisdiction, including taxation, except when Congress specifically authorizes such jurisdiction.Are there any federal Indian reservations in Alaska?
Yes, one. It is the Metlakatla Indian Community of the Annette Island Reserve in southeastern Alaska.
Yes. Other types of Indian lands are:
*Allotted lands, which are remnants of reservations broken up during the federal allotment period of the late nineteenth and early twentieth centuries. Although the practice of allotting lands had begun in the eighteenth century, it was put to greater use after the Civil War. By 1885, over 11,000 patents had been issued to individual Indians under various treaties and laws. Starting with the General Allotment Act in 1887 (also known as the Dawes Act) until the Indian Reorganization Act of 1934, allotments were conveyed to members of affected tribes and held in trust by the federal government. As allotments were taken out of trust, they became subject to state and local taxation, which resulted in thousands of acres passing out of Indian hands. Today, 10,059,290.74 million acres of individually owned lands are still held in trust for allotees and their heirs.
*Restricted status, also known as restricted fee, where title to the land is held by an individual Indian person or a tribe and which can only be alienated or encumbered by the owner with the approval of the Secretary of the Interior because of limitations contained in the conveyance instrument pursuant to federal law.
*State Indian reservations, which are lands held in trust by a state for an Indian tribe. With state trust lands title is held by the state on behalf of the tribe and the lands are not subject to state property tax. They are subject to state law, however. State trust lands stem from treaties or other agreements between a tribal group and the state government or the colonial government(s) that preceded it.
American Indian and Alaska Native tribes, businesses, and individuals may also own land as private property. In such cases, they are subject to state and local laws, regulations, codes, and taxation.Does the United States still make treaties with Indian tribes?
No. Congress ended treaty-making with Indian tribes in 1871. Since then, relations with Indian groups have been formalized and/or codified by Congressional acts, Executive Orders, and Executive Agreements. Between 1778, when the first treaty was made with the Delawares, to 1871, when Congress ended the treaty-making period, the United States Senate ratified 370 treaties. At least 45 others were negotiated with tribes but were never ratified by the Senate.
The treaties that were made often contain commitments that have either been fulfilled or subsequently superseded by Congressional legislation.
In addition, American Indians and Alaska Natives can access education, health, welfare, and other social service programs available to all citizens, if they are eligible. Even if a tribe does not have a treaty with the United States, or has treaties that were negotiated but not ratified, its members may still receive services from the BIA or other federal programs, if eligible.
The specifics of particular treaties signed by government negotiators with Indian tribes are contained in one volume (Vol. II) of the publication, Indian Affairs, Laws and Treaties: 1778-1883, compiled, annotated, and edited by Charles J. Kappler. Published by the United States Government Printing Office in 1904, it is now out of print, but can be found in most large law libraries and on the Internet at https://dc.library.okstate.edu/digital/collection/kapplers. The treaty volume has also been published privately under the title, “Indian Treaties: 1778-1883.”
Originals of all the treaties are maintained by the National Archives and Records Administration of the General Services Administration. For more information on how to obtain copies or for more information about the treaties visit NARA’s website at www.nara.gov . The Nature of Federal-Tribal and State-Tribal Relations What is the relationship between the tribes and the United States?
The relationship between federally recognized tribes and the United States is one between sovereigns, i.e., between a government and a government. This “government-to-government” principle, which is grounded in the United States Constitution, has helped to shape the long history of relations between the federal government and these tribal nations.What is the relationship between the tribes and the individual states?
Because the Constitution vested the Legislative Branch with plenary power over Indian Affairs, states have no authority over tribal governments unless expressly authorized by Congress. While federally recognized tribes generally are not subordinate to states, they can have a government-to-government relationship with these other sovereigns, as well.
Furthermore, federally recognized tribes possess both the right and the authority to regulate activities on their lands independently from state government control. They can enact and enforce stricter or more lenient laws and regulations than those of the surrounding or neighboring state(s) wherein they are located. Yet, tribes frequently collaborate and cooperate with states through compacts or other agreements on matters of mutual concern such as environmental protection and law enforcement.
In 1953, Congress enacted Public Law 83-280 (67 Stat. 588) to grant certain states criminal jurisdiction over American Indians on reservations and to allow civil litigation that had come under tribal or federal court jurisdiction to be handled by state courts. However, the law did not grant states regulatory power over tribes or lands held in trust by the United States; federally guaranteed tribal hunting, trapping, and fishing rights; basic tribal governmental functions such as enrollment and domestic relations; nor the power to impose state taxes. These states also may not regulate matters such as environmental control, land use, gambling, and licenses on federal Indian reservations.
The states required by Public Law 280 to assume civil and criminal jurisdiction over federal Indian lands were Alaska (except the Metlakatla Indian Community on the Annette Island Reserve, which maintains criminal jurisdiction), California, Minnesota (except the Red Lake Reservation), Nebraska, Oregon (except the Warm Springs Reservation), and Wisconsin. In addition, the federal government gave up all special criminal jurisdiction in these states over Indian offenders and victims. The states that elected to assume full or partial jurisdiction were Arizona (1967), Florida (1961), Idaho (1963, subject to tribal consent), Iowa (1967), Montana (1963), Nevada (1955), North Dakota (1963, subject to tribal consent), South Dakota (1957-1961), Utah (1971), and Washington (1957-1963).
Subsequent acts of Congress, court decisions, and state actions to retrocede jurisdiction back to the Federal Government have muted some of the effects of the 1953 law, and strengthened the tribes’ jurisdiction over civil and criminal matters on their reservations. Tribal Government: Powers, Rights, and Authorities What are inherent powers of tribal self-government?
Tribes possess all powers of self-government except those relinquished under treaty with the United States, those that Congress has expressly extinguished, and those that federal courts have ruled are subject to existing federal law or are inconsistent with overriding national policies. Tribes, therefore, possess the right to form their own governments; to make and enforce laws, both civil and criminal; to tax; to establish and determine membership (i.e., tribal citizenship); to license and regulate activities within their jurisdiction; to zone; and to exclude persons from tribal lands.
Limitations on inherent tribal powers of self-government are few, but do include the same limitations applicable to states, e.g., neither tribes nor states have the power to make war, engage in foreign relations, or print and issue currency.
For thousands of years, American Indians and Alaska Natives governed themselves through tribal laws, cultural traditions, religious customs, and kinship systems, such as clans and societies. Today, most modern tribal governments are organized democratically, that is, with an elected leadership.
Through their tribal governments, tribal members generally define conditions of membership, regulate domestic relations of members, prescribe rules of inheritance for reservation property not in trust status, levy taxes, regulate property under tribal jurisdiction, control the conduct of members by tribal ordinances, and administer justice. They also continue to utilize their traditional systems of self-government whenever and wherever possible.
Most federally recognized tribes are organized under the Indian Reorganization Act (IRA) of 1934 (25 U.S.C. 461 et seq.), including a number of Alaska Native villages, which adopted formal governing documents under the provisions of a 1936 amendment to the IRA. The passage in 1971 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601), however, provided for the creation of regional and village corporations under state law to manage the money and lands granted to Alaska Natives by the act. The Oklahoma Indian Welfare Act of 1936 provided for the organization of Indian tribes within the State of Oklahoma.
Many tribes have constitutions, others operate under articles of association or other bodies of law, and some have found a way to combine their traditional systems of government within a modern governmental framework. Some do not operate under any of these acts, but are nevertheless organized under documents approved by the Secretary of the Interior. Contemporary tribal governments are usually, but not always, modeled upon the federal system of the three branches: Legislative, Executive, and Judicial.
The chief executive of a tribe is usually called a chairman, chairwoman or chairperson, but may also be called a principal chief, governor, president, mayor, spokesperson, or representative. The chief executive presides over the tribe’s legislative body and executive branch. In modern tribal government, the chief executive and members of the tribal council or business committee are almost always elected.
A tribe’s legislative body is usually called a tribal council, a
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Why Tribes Exist Today in the United States
*Legal Gambling Age On Indian Reservations Las Vegas
*Legal Gambling Age On Indian Reservations Near Me
*Legal Gambling Age On Indian Reservations Sites
From 1778 to 1871, the United States’ relations with individual American Indian nations indigenous to what is now the U.S. were defined and conducted largely through the treaty-making process. These “contracts among nations” recognized and established unique sets of rights, benefits, and conditions for the treaty-making tribes who agreed to cede of millions of acres of their homelands to the United States and accept its protection. Like other treaty obligations of the United States, Indian treaties are considered to be “the supreme law of the land,” and they are the foundation upon which federal Indian law and the federal Indian trust relationship is based.What is the legal status of American Indian and Alaska Native tribes?
Article 1, Section 8 of the United States Constitution vests Congress, and by extension the Executive and Judicial branches of our government, with the authority to engage in relations with the tribes, thereby firmly placing tribes within the constitutional fabric of our nation. When the governmental authority of tribes was first challenged in the 1830’s, U. S. Supreme Court Chief Justice John Marshall articulated the fundamental principle that has guided the evolution of federal Indian law to the present: That tribes possess a nationhood status and retain inherent powers of self-government.
The federal Indian trust responsibility is a legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian tribes (Seminole Nation v. United States, 1942). This obligation was first discussed by Chief Justice John Marshall in Cherokee Nation v. Georgia (1831). Over the years, the trust doctrine has been at the center of numerous other Supreme Court cases, thus making it one of the most important principles in federal Indian law.
The federal Indian trust responsibility is also a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes and villages. In several cases discussing the trust responsibility, the Supreme Court has used language suggesting that it entails legal duties, moral obligations, and the fulfillment of understandings and expectations that have arisen over the entire course of the relationship between the United States and the federally recognized tribes.
The minimum gambling age is 21 at all other Indian casinos except for the following: Ojibwa, Ojibwa II, Island Resort, Leelanau Sands, Lac Vieux, Turtle Creek, and Soaring Eagle. The seven casinos listed have a minimum gambling age of 18. Michigan Sports Betting. There is legal sports betting in Michigan casinos. Excursion boat gambling, including coin-operated games legal. Gambling on land prohibited except for on Indian reservations. Other Kinds of Gambling-Related Activities Allowed or Banned. Bookmaking; card counting; pyramid games illegal. Raffles not exceeding $200 in value; bingo legal. American Indian Casinos. American Indian reservations are held in trust by the federal government, which passed the Indian Gaming Regulatory Act in 1988 to authorize casino gambling on Indian reservations. As a result, they might have different age limitations from what you’ll find in the rest of the state.
Minimum Casino Gambling Age. Each state or province determines its own minimum age for casino gambling, however Native American casinos are exempt from state jurisdiction and can lower the minimum age to 18 under the Federal Indian Gaming and Regulatory Act. Some states have 2 minimum ages (18 in some tribal casinos, 21 in others).
A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.
Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States. At present, there are 574 federally recognized American Indian and Alaska Native tribes and villages.
Historically, most of today’s federally recognized tribes received federal recognition status through treaties, acts of Congress, presidential executive orders or other federal administrative actions, or federal court decisions.
In 1978, the Interior Department issued regulations governing the Federal Acknowledgment Process (FAP) to handle requests for federal recognition from Indian groups whose character and history varied widely in a uniform manner. These regulations – 25 C.F.R. Part 83 – were revised in 1994 and are still in effect.
Also in 1994, Congress enacted Public Law 103-454, the Federally Recognized Indian Tribe List Act (108 Stat. 4791, 4792), which formally established three ways in which an Indian group may become federally recognized:Legal Gambling Age On Indian Reservations Las Vegas
*By Act of Congress,
*By the administrative procedures under 25 C.F.R. Part 83, or
*By decision of a United States court.
However, a tribe whose relationship with the United States has been expressly terminated by Congress may not use the Federal Acknowledgment Process. Only Congress can restore federal recognition to a “terminated” tribe.Legal Gambling Age On Indian Reservations Near Me
The Federally Recognized Indian Tribe List Act also requires the Secretary of the Interior to publish annually a list of the federally recognized tribes in the Federal Register.What does tribal sovereignty mean to American Indians and Alaska Natives?
When tribes first encountered Europeans, they were a power to be reckoned with because the combined American Indian and Alaska Native population dominated the North American continent. Their strength in numbers, the control they exerted over the natural resources within and between their territories, and the European practice of establishing relations with countries other than themselves and the recognition of tribal property rights led to tribes being seen by exploring foreign powers as sovereign nations, who treatied with them accordingly.
However, as the foreign powers’ presence expanded and with the establishment and growth of the United States, tribal populations dropped dramatically and tribal sovereignty gradually eroded. While tribal sovereignty is limited today by the United States under treaties, acts of Congress, Executive Orders, federal administrative agreements and court decisions, what remains is nevertheless protected and maintained by the federally recognized tribes against further encroachment by other sovereigns, such as the states. Tribal sovereignty ensures that any decisions about the tribes with regard to their property and citizens are made with their participation and consent.
In the United States there are three types of reserved federal lands: military, public, and Indian. A federal Indian reservation is an area of land reserved for a tribe or tribes under treaty or other agreement with the United States, executive order, or federal statute or administrative action as permanent tribal homelands, and where the federal government holds title to the land in trust on behalf of the tribe.
Approximately 56.2 million acres are held in trust by the United States for various Indian tribes and individuals. There are approximately 326 Indian land areas in the U.S. administered as federal Indian reservations (i.e., reservations, pueblos, rancherias, missions, villages, communities, etc.). The largest is the 16 million-acre Navajo Nation Reservation located in Arizona, New Mexico, and Utah. The smallest is a 1.32-acre parcel in California where the Pit River Tribe’s cemetery is located. Many of the smaller reservations are less than 1,000 acres.
Some reservations are the remnants of a tribe’s original land base. Others were created by the federal government for the resettling of Indian people forcibly relocated from their homelands. Not every federally recognized tribe has a reservation. Federal Indian reservations are generally exempt from state jurisdiction, including taxation, except when Congress specifically authorizes such jurisdiction.Are there any federal Indian reservations in Alaska?
Yes, one. It is the Metlakatla Indian Community of the Annette Island Reserve in southeastern Alaska.
Yes. Other types of Indian lands are:
*Allotted lands, which are remnants of reservations broken up during the federal allotment period of the late nineteenth and early twentieth centuries. Although the practice of allotting lands had begun in the eighteenth century, it was put to greater use after the Civil War. By 1885, over 11,000 patents had been issued to individual Indians under various treaties and laws. Starting with the General Allotment Act in 1887 (also known as the Dawes Act) until the Indian Reorganization Act of 1934, allotments were conveyed to members of affected tribes and held in trust by the federal government. As allotments were taken out of trust, they became subject to state and local taxation, which resulted in thousands of acres passing out of Indian hands. Today, 10,059,290.74 million acres of individually owned lands are still held in trust for allotees and their heirs.
*Restricted status, also known as restricted fee, where title to the land is held by an individual Indian person or a tribe and which can only be alienated or encumbered by the owner with the approval of the Secretary of the Interior because of limitations contained in the conveyance instrument pursuant to federal law.
*State Indian reservations, which are lands held in trust by a state for an Indian tribe. With state trust lands title is held by the state on behalf of the tribe and the lands are not subject to state property tax. They are subject to state law, however. State trust lands stem from treaties or other agreements between a tribal group and the state government or the colonial government(s) that preceded it.
American Indian and Alaska Native tribes, businesses, and individuals may also own land as private property. In such cases, they are subject to state and local laws, regulations, codes, and taxation.Does the United States still make treaties with Indian tribes?
No. Congress ended treaty-making with Indian tribes in 1871. Since then, relations with Indian groups have been formalized and/or codified by Congressional acts, Executive Orders, and Executive Agreements. Between 1778, when the first treaty was made with the Delawares, to 1871, when Congress ended the treaty-making period, the United States Senate ratified 370 treaties. At least 45 others were negotiated with tribes but were never ratified by the Senate.
The treaties that were made often contain commitments that have either been fulfilled or subsequently superseded by Congressional legislation.
In addition, American Indians and Alaska Natives can access education, health, welfare, and other social service programs available to all citizens, if they are eligible. Even if a tribe does not have a treaty with the United States, or has treaties that were negotiated but not ratified, its members may still receive services from the BIA or other federal programs, if eligible.
The specifics of particular treaties signed by government negotiators with Indian tribes are contained in one volume (Vol. II) of the publication, Indian Affairs, Laws and Treaties: 1778-1883, compiled, annotated, and edited by Charles J. Kappler. Published by the United States Government Printing Office in 1904, it is now out of print, but can be found in most large law libraries and on the Internet at https://dc.library.okstate.edu/digital/collection/kapplers. The treaty volume has also been published privately under the title, “Indian Treaties: 1778-1883.”
Originals of all the treaties are maintained by the National Archives and Records Administration of the General Services Administration. For more information on how to obtain copies or for more information about the treaties visit NARA’s website at www.nara.gov . The Nature of Federal-Tribal and State-Tribal Relations What is the relationship between the tribes and the United States?
The relationship between federally recognized tribes and the United States is one between sovereigns, i.e., between a government and a government. This “government-to-government” principle, which is grounded in the United States Constitution, has helped to shape the long history of relations between the federal government and these tribal nations.What is the relationship between the tribes and the individual states?
Because the Constitution vested the Legislative Branch with plenary power over Indian Affairs, states have no authority over tribal governments unless expressly authorized by Congress. While federally recognized tribes generally are not subordinate to states, they can have a government-to-government relationship with these other sovereigns, as well.
Furthermore, federally recognized tribes possess both the right and the authority to regulate activities on their lands independently from state government control. They can enact and enforce stricter or more lenient laws and regulations than those of the surrounding or neighboring state(s) wherein they are located. Yet, tribes frequently collaborate and cooperate with states through compacts or other agreements on matters of mutual concern such as environmental protection and law enforcement.
In 1953, Congress enacted Public Law 83-280 (67 Stat. 588) to grant certain states criminal jurisdiction over American Indians on reservations and to allow civil litigation that had come under tribal or federal court jurisdiction to be handled by state courts. However, the law did not grant states regulatory power over tribes or lands held in trust by the United States; federally guaranteed tribal hunting, trapping, and fishing rights; basic tribal governmental functions such as enrollment and domestic relations; nor the power to impose state taxes. These states also may not regulate matters such as environmental control, land use, gambling, and licenses on federal Indian reservations.
The states required by Public Law 280 to assume civil and criminal jurisdiction over federal Indian lands were Alaska (except the Metlakatla Indian Community on the Annette Island Reserve, which maintains criminal jurisdiction), California, Minnesota (except the Red Lake Reservation), Nebraska, Oregon (except the Warm Springs Reservation), and Wisconsin. In addition, the federal government gave up all special criminal jurisdiction in these states over Indian offenders and victims. The states that elected to assume full or partial jurisdiction were Arizona (1967), Florida (1961), Idaho (1963, subject to tribal consent), Iowa (1967), Montana (1963), Nevada (1955), North Dakota (1963, subject to tribal consent), South Dakota (1957-1961), Utah (1971), and Washington (1957-1963).
Subsequent acts of Congress, court decisions, and state actions to retrocede jurisdiction back to the Federal Government have muted some of the effects of the 1953 law, and strengthened the tribes’ jurisdiction over civil and criminal matters on their reservations. Tribal Government: Powers, Rights, and Authorities What are inherent powers of tribal self-government?
Tribes possess all powers of self-government except those relinquished under treaty with the United States, those that Congress has expressly extinguished, and those that federal courts have ruled are subject to existing federal law or are inconsistent with overriding national policies. Tribes, therefore, possess the right to form their own governments; to make and enforce laws, both civil and criminal; to tax; to establish and determine membership (i.e., tribal citizenship); to license and regulate activities within their jurisdiction; to zone; and to exclude persons from tribal lands.
Limitations on inherent tribal powers of self-government are few, but do include the same limitations applicable to states, e.g., neither tribes nor states have the power to make war, engage in foreign relations, or print and issue currency.
For thousands of years, American Indians and Alaska Natives governed themselves through tribal laws, cultural traditions, religious customs, and kinship systems, such as clans and societies. Today, most modern tribal governments are organized democratically, that is, with an elected leadership.
Through their tribal governments, tribal members generally define conditions of membership, regulate domestic relations of members, prescribe rules of inheritance for reservation property not in trust status, levy taxes, regulate property under tribal jurisdiction, control the conduct of members by tribal ordinances, and administer justice. They also continue to utilize their traditional systems of self-government whenever and wherever possible.
Most federally recognized tribes are organized under the Indian Reorganization Act (IRA) of 1934 (25 U.S.C. 461 et seq.), including a number of Alaska Native villages, which adopted formal governing documents under the provisions of a 1936 amendment to the IRA. The passage in 1971 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601), however, provided for the creation of regional and village corporations under state law to manage the money and lands granted to Alaska Natives by the act. The Oklahoma Indian Welfare Act of 1936 provided for the organization of Indian tribes within the State of Oklahoma.
Many tribes have constitutions, others operate under articles of association or other bodies of law, and some have found a way to combine their traditional systems of government within a modern governmental framework. Some do not operate under any of these acts, but are nevertheless organized under documents approved by the Secretary of the Interior. Contemporary tribal governments are usually, but not always, modeled upon the federal system of the three branches: Legislative, Executive, and Judicial.
The chief executive of a tribe is usually called a chairman, chairwoman or chairperson, but may also be called a principal chief, governor, president, mayor, spokesperson, or representative. The chief executive presides over the tribe’s legislative body and executive branch. In modern tribal government, the chief executive and members of the tribal council or business committee are almost always elected.
A tribe’s legislative body is usually called a tribal council, a
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