General Principles Regarding Tribal and State Authority Over Indian ...

States may not assert civil jurisdiction over the conduct or property of non-Indians in Indian country if it would cause interference with tribal self- ...

General Principles of Federal Indian Law | Tribal Governance

The Act requires tribes to provide due process for anyone who falls under their jurisdiction and tribes may not impose cruel or unusual punishment. One ...

US Federal Law - American Indian Law: A Beginner's Guide

A key principle of American Indian law is the right to tribal sovereignty, or the power of self-government. The United States Constitution ...

Separation of Powers: State-Tribal Relations and Interstate Compacts

Tribal governments are on equal footing with state government and have a government-to-government relationship with federal government.

Understanding Tribal-State Jurisdiction - Native American Rights Fund

On June 29, 2022, the U.S. Supreme Court, in a 5-4 decision, overturned the long-held understanding that states do not have authority to prosecute ...

ArtI.S8.C3.9.1 Scope of Commerce Clause Authority and Indian Tribes

Congress may also remove restrictions on tribal sovereignty. The Supreme Court has held, however, that absent authority from federal statute or treaty, tribes ...

Indian Civil Rights Act Resources on the Tribal Court Clearinghouse

It did this by implicitly recognizing the importance of tribal governments on reservations, reaffirming the idea of sovereign immunity as applied to Indian ...

Tribal Nations & the United States: An Introduction - NCAI

Tribes have the inherent power to govern all matters involving their members, as well as a range of issues in Indian Country. The essence of tribal sovereignty ...

Government-to-Government Relations with Native American Tribal ...

The United States Government has a unique legal relationship with Native American tribal governments as set forth in the Constitution of the United States.

Statement of Principles - Department of Justice

federally recognized Indian tribe and respecting the tribes' authority ... guidelines stating principles for working with federally recognized ...

ACF Principles for Working with Federally Recognized Tribes Purpose

Bases and Authority: The HHS Consultation Policy affirms the nature of the relationship between the federal government and Indian tribes, and the importance of ...

best practices for identifying and protecting tribal treaty - | Indian Affairs

9. Through these treaties, Indian Tribes ceded land and natural resources to the United States, while retaining all rights not expressly granted ...

Concurrent Tribal Authority Under Public Law 83-280

Indian tribes, as sovereigns that pre-exist the federal Union, retain inherent sovereign powers over their members and territory, including the power to ...

Native American Ownership and Governance of Natural Resources

Trust land , in which the federal government holds legal title, but the beneficial interest remains with the individual or tribe. Trust lands held on behalf of ...

Tribal Law and Order Act - Department of Justice

... Native American Issues Subcommittee of the Attorney General's Advisory Committee, in Testimony before the Senate Committee on Indian Affairs.

Tribal Authority Rule (TAR) Under the Clean Air Act | US EPA

The rule provides that tribes will be treated in the same manner as states for virtually all CAA programs. · Criteria for eligibility include:.

Federal Indian Law and Policy Affecting American Indian and Alaska ...

These materials are intended to be a general resource for tribal, state, and federal officials, schools, and other interested persons. For further information ...

Indian Tribal Governments | US Department of Transportation

Executive Order 13175 sets forth principles ... on the distribution of power and responsibilities between the Federal Government and Indian tribes ...

Marshall Trilogy | Tribal Governance - University of Alaska Fairbanks

... State did not have authority to control activity on Cherokee lands. The ... In summary, the cases set out the following principles of federal Indian law:.

Tribal sovereign immunity: An obstacle for non-Indians doing ...

Whether a tribe, state or the federal government has regulatory or civil jurisdiction over Indians or non-Indians on or off reservation lands depends on a ...