Indigenous Governance Database
Laws and Codes
Extinct No More: Hia-Ced O'odham Officially Join Tohono O'odham Nation
After 33 years of hard work to right the past, the Hia-Ced O’odham, once thought to be extinct, can finally say they belong as part of the Tohono O’odham Nation. On June 12, the Hia-Ced O’odham District officials were sworn-in and the Hia-Ced District was officially recognized as the 12th district…
Health, Innovation and the Promise of VAWA 2013 in Indian Country
Yesterday morning, we made our way north from Seattle, past gorgeous waterways, and lush greenery to visit with the Tulalip Tribes of western Washington, where we were greeted by Tribal Chairman Mel Sheldon, Vice Chairwoman Deb Parker, and Chief Judge Theresa Pouley. We saw first-hand, a tribal…
How to Protect Tribal Lands From Our Deadliest Enemies
In 2001, the U.S. Supreme Court dealt a severe below to Indian sovereignty when it decided Nevada v. Hicks, suggesting to states and counties that when their cops are investigating off-reservation crimes, they need not obtain tribal court warrants to conduct searches or arrests on tribal land. The…
How Tribal Nations Need to Be Understood Around the World
The word “nation” is one of those words that gets thrown around haphazardly by academics, laypeople and politicians alike; it has become synonymous with “nation-state” and “state” to describe what we understand today as the global polities we refer to as countries. But there are distinctions to be…
No Tribes Left Behind: A Smarter Plan for Economic Development
Many Americans have never been to a Native American reservation. They’re often geographically isolated and underdeveloped, perpetually left off the various lists of tourism destinations. With sparse and scattered populations, tribal governments have faced many obstacles in exploring economic…
8 Tribes That Are Way Ahead of the Climate-Adaptation Curve
Much has been made of the need to develop climate-change-adaptation plans, especially in light of increasingly alarming findings about how swiftly the environment that sustains life as we know it is deteriorating, and how the changes compound one another to quicken the pace overall. Studies, and…
The Bay Mills Buck Stops With NIGC
With a case of potentially catastrophic consequence for Indian country now pending before the U.S. Supreme Court, all of the players who can possibly prevent the disaster are either sitting on their hands or pointing fingers. The National Indian Gaming Commission has failed to act, citing a…
How Tribes Can Prepare for Tribal Sovereignty Blow From Supreme Court
In the first part of this two-part series, we provided a short history of the upcoming U.S. Supreme Court case State of Michigan v. Bay Mills Indian Community, discussed its relevance to the sustainability of the legal doctrine of tribal sovereign immunity, and detailed two potential outcomes of…
Will the Supreme Court Use Bay Mills Case to Blow Up Tribal Sovereignty?
As regular visitors to this site and other Indian country media outlets no doubt have seen in recent weeks, Native nation leaders, tribal attorneys, and federal Indian law practitioners alike are gravely concerned about a case currently pending before the Supreme Court: State of Michigan v. Bay…
Hopi Revises Criminal Code, Regains Sovereignty
Crime rates in Indian Country are more than twice the national average. But for decades antiquated criminal codes have limited what tribal courts could do. For example, crimes like child abuse and sexual assault didn’t exist on the books. And, tribal judges couldn’t sentence a defendant to more…
American Indian tribe OKs same-sex marriage, lets gay couple wed
The head of an American Indian tribe in Michigan signed a law approving same-sex marriage on Friday, joining at least two other tribes nationwide in doing so, then immediately wed a gay couple who had been together for 30 years but never thought they would see this day come...
Navigating VAWA's New Tribal Court Jurisdictional Provision
President Obama signed into law the reauthorization of the Violence Against Women Act (VAWA), a federal statute that addresses domestic violence and other crimes against women. As initially conceived in 1994, VAWA created new federal crimes and sanctions to fill in gaps, provided training for…
Northern Ute Tribal Enrollment May Rise, Pending Election Could Lower Blood Quantum
A tribal nation with what could be North America’s strictest enrollment criteria may soon decide on more flexible rules that might, if adopted, increase the tribe’s current 3,000-plus membership. A pending election could lower the 5/8 Ute Indian blood degree requirement for membership in the Ute…
Where Tribal Justice Works
In 2011, a man in northeastern Oregon beat his girlfriend with a gun, using it like a club to strike her in front of their children. Both were members of the Confederated Tribes of the Umatilla Indian Reservation. The federal government, which has jurisdiction over major crimes in Indian Country,…
The Pueblo of Sandia's leasing regulations and what businesses need to do to enter into leases
The Pueblo of Sandia ("Pueblo") was the first tribe in New Mexico, and the second in the United States, to receive approval by the Secretary of the Interior for its tribal leasing regulations promulgated under the Helping Expedite and Advance Responsible Tribal Homeownership ("HEARTH") Act…
Elderly Protection Teams Work to Stop Abuse
While more than 30 tribal governments across the country have implemented elder abuse codes, some Indian communities and concerned citizens have taken a more proactive role to ensure these laws are enforced. The Standing Rock Sioux Tribal Council started the first Elderly Protection Team in Indian…
South Dakota Indians Sue for Early Voting
Native Americans have never had an easy time getting to vote in South Dakota. In 1977, the state attorney general dismissed the Voting Rights Act as an “absurdity” and advised state officials to ignore the federal law. The state didn’t allow Native Americans into polling places until the 1940s,…
Oregon tribal courts deliver 'restorative justice'
For years, Judge Donald Costello sentenced offenders to jail and prison terms, only to see them back in his courtroom with nothing to show for their time served. Costello doesn't work that way anymore. Instead, he practices an innovative spin on the judicial system that has become an effective…
A Leader Emerges: Hopi Tribe Adopts New Criminal Code According to Tribal Law and Order Act Standards
The Hopi Tribal Council voted to adopt a new criminal code on August 28, thereby scrapping a 1970s version that all but failed to punish sex crimes and limited tribal prosecutors to one-year terms, even for murder. In doing so, the small Arizona tribe emerged as a leader in Indian country when it…
Advancing the State-Tribal Consultation Mandate
This summer, in the face of an impending private land sale of Pe’Sla, a Lakota/Dakota/Nakota Indian sacred site in the Black Hills, the United Nations Special Rapporteur on the Rights of Indigenous Peoples, S. James Anaya, directed that authorities in South Dakota “engage in a process of…