Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
An American Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation, whose government is autonomous, subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs, and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.
The Turtle Mountain Band of Chippewa Indians is a federally recognized Native American tribe of Ojibwe based on the Turtle Mountain Indian Reservation in Belcourt, North Dakota. The tribe has 30,000 enrolled members. A population of 5,815 reside on the main reservation and another 2,516 reside on off-reservation trust land.
Salish Kootenai College (SKC) is a private tribal land-grant community college in Pablo, Montana. It serves the Bitterroot Salish, Kootenai, and Pend d'Oreilles tribes. SKC's main campus is on the Flathead Reservation. There are three satellite locations in eastern Washington state, in Colville, Spokane, and Wellpinit. Approximately 1,207 students attend SKC. Although enrollment is not limited to Native American students, SKC's primary function is to serve the needs of Native American people.
The Alaska Native Regional Corporations were established in 1971 when the United States Congress passed the Alaska Native Claims Settlement Act (ANCSA) which settled land and financial claims made by the Alaska Natives and provided for the establishment of 13 regional corporations to administer those claims.
The Indian Gaming Regulatory Act is a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no federal gaming structure before this act. The stated purposes of the act include providing a legislative basis for the operation/regulation of Indian gaming, protecting gaming as a means of generating revenue for the tribes, encouraging economic development of these tribes, and protecting the enterprises from negative influences. The law established the National Indian Gaming Commission and gave it a regulatory mandate. The law also delegated new authority to the U.S. Department of the Interior and created new federal offenses, giving the U.S. Department of Justice authority to prosecute them.
The Cherokee Nation, formerly known as the Cherokee Nation of Oklahoma, is the largest of three federally recognized tribes of Cherokees in the United States. It includes people descended from members of the Old Cherokee Nation who relocated, due to increasing pressure, from the Southeast to Indian Territory and Cherokees who were forced to relocate on the Trail of Tears. The tribe also includes descendants of Cherokee Freedmen and Natchez Nation. As of 2023, over 450,000 people were enrolled in the Cherokee Nation.
In the United States, an American Indian tribe, Native American tribe, Alaska Native village, Indigenous tribe, or Tribal nation may be any current or historical tribe, band, or nation of Native Americans in the United States. Modern forms of these entities are often associated with land or territory of an Indian reservation. "Federally recognized Indian tribe" is a legal term in United States law with a specific meaning.
Duro v. Reina, 495 U.S. 676 (1990), was a United States Supreme Court case in which the Court concluded that Indian tribes could not prosecute Indians who were members of other tribes for crimes committed by those nonmember Indians on their reservations. The decision was not well received by the tribes, because it defanged their criminal codes by depriving them of the power to enforce them against anyone except their own members. In response, Congress amended a section of the Indian Civil Rights Act, 25 U.S.C. § 1301, to include the power to "exercise criminal jurisdiction over all Indians" as one of the powers of self-government.
Indian termination is a phrase describing United States policies relating to Native Americans from the mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considers "civilized" had been the basis of policy for centuries. What was new, however, was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans." To that end, Congress set about ending the special relationship between tribes and the federal government.
Native American recognition in the United States, for tribes, usually means being recognized by the United States federal government as a community of Indigenous people that has been in continual existence since prior to European contact, and which has a sovereign, government-to-government relationship with the Federal government of the United States. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. This recognition comes with various rights and responsibilities. The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership. They may form their own government, enforce laws, tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money.
The Muscogee Nation, or Muscogee (Creek) Nation, is a federally recognized Native American tribe based in the U.S. state of Oklahoma. The nation descends from the historic Muscogee Confederacy, a large group of indigenous peoples of the Southeastern Woodlands. They commonly refer to themselves as Este Mvskokvlke. Historically, they were often referred to by European Americans as one of the Five Civilized Tribes of the American Southeast.
Reservations in the United States, known as Indian reservations, are sovereign Native American territories that are managed by a tribal government in cooperation with the federal Bureau of Indian Affairs, a branch of the Department of the Interior, located in Washington, DC. There are 334 reservations in the United States today. As of 2008, almost a third of Native Americans in the United States live on reservations, totaling approximately 700,000 individuals. About half of all Native Americans living on reservations are concentrated on the ten largest reservations.
Native American self-determination refers to the social movements, legislation and beliefs by which the Native American tribes in the United States exercise self-governance and decision-making on issues that affect their own people.
The Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) simplifies and reorganizes the system of providing housing assistance to federally recognized Native American tribes to help improve their housing and other infrastructure. It reduced the regulatory strictures that burdened tribes and essentially provided for block grants so that they could apply funds to building or renovating housing as they saw fit. This was in line with other federal programs that recognized the sovereignty of tribes and allowed them to manage the funds according to their own priorities. A new program division was established at the Department of Housing and Urban Development (HUD) that combined several previous programs into one block grant program committed to the goal of tribal housing. The legislation has been reauthorized and amended several times since its passage.
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare, meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law.
Pan-Indianism is a philosophical and political approach promoting unity and, to some extent, cultural homogenization, among different Indigenous groups in the Americas regardless of tribal distinctions and cultural differences.
Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978), was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. In so doing, the Court advanced a theory of tribal sovereignty that weighed the interests of tribes sufficient to justify a law that, had it been passed by a state legislature or Congress, would have almost certainly been struck down as a violation of equal protection.
The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:
From 1969 to 1974, the Richard Nixon administration made important changes to United States policy towards Native Americans through legislation and executive action. President Richard Nixon advocated a reversal of the long-standing policy of "termination" that had characterized relations between the U.S. federal government and American Indians in favor of "self-determination." The Alaska Native Claims Settlement Act restructured indigenous governance in Alaska, creating a unique structure of Native Corporations. Some of the most notable instances of American Indian activism occurred under the Nixon Administration, including the Occupation of Alcatraz and the Occupation of Wounded Knee.
