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Tribal sovereignty is dependent on, and subordinate to, only the federal government, not states, under Washington v. Confederated Tribes of Colville Indian Reservation (1980). Tribes are sovereign over tribal members and tribal land, under United States v.
In order to become a federally recognized, tribes must meet certain requirements. The Bureau of Indian affairs defines a federally recognized tribe as an American Indian or Alaska Native tribal entity that is recognized having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is ...
The history of independent tribal courts is complex and has been shaped by the federal government's policies towards Native American tribes. [5] The establishment of independent tribal courts was a result of the Indian Reorganization Act of 1934, which aimed to promote tribal self-government and to preserve Native American culture and traditions. [6]
Indian Tribes As Sovereign Governments: A Sourcebook on Federal-Tribal History, Law, and Policy. Stockton, CA: American Indian Lawyer. ISBN 0-939890-07-0. Wilkins, David (1997). American Indian Sovereignty and the U.S. Supreme Court : The Masking of Justice. Austin, TX: University of Texas Press. ISBN 0-292-79109-7. Wilkins, David (2011).
Under US federal law and regulations, an American Indian tribe is a group of Native Americans with self-government authority. [8] This defines those tribes recognized by the federal government. By 2021, 574 tribes had been recognized by the federal government, often as a result of the process of treaties setting up reservations in the 19th century.
Over time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy toward Indians. Numerous Supreme Court decisions have created important precedents in Indian country jurisdiction, such as Worcester v. Georgia, Oliphant v. Suquamish Tribe, Montana v.
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), [2] is a United States federal agency within the Department of the Interior.It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives, and administering and managing over 55,700,000 acres (225,000 km 2) of reservations held in trust by the U.S. federal government for ...
Under the Act, states, local sheriffs and state law enforcement agencies take tribal members to state courts for prosecution in cases arising from criminal matters within reservation boundaries. But most tribal governments and pueblos have also adopted their own codes, and administer court systems to adjudicate violations of the code.