Law Articles

Return to Law Dictionary Index

Native American Rights in the United States

Under the U.S. Constitution, Native Americans have significant rights of self-government that stem from their own sovereignty. Among other powers, tribal governments have the power to tax, to pass their own laws, and to have their own courts.

Nonetheless, the general rule is that federal laws of general applicability apply equally to Native Americans and their property. Federal Power Commission v. Tuscarora, 362 U.S. 99, 116 (1960); U.S. Department of Labor v. Occupational Safety and Health Administration, 935 F.2d 182 (9th Cir. 1991). Exceptions to this general applicability of federal law apply where Congress intended to exempt Native Americans, where the issues relate to the core of Native American self-governance and self-organization, or where application would abrogate rights guaranteed by Native American treaties. Even in these areas, however, Congress can expressly apply a statute to Native Americans.

Many of the federal environmental laws have specific provisions explaining how the law applies to Native American tribal lands. The provisions vary, but typically grant to Native American tribal governments similar rights and responsibilities as those granted to states. See, e.g., CWA, 33 U.S.C. sec. 1377; Safe Drinking Water Act (SDWA), 42 U.S.C. sec. 300j-11; Clean Air Act (CAA), 42 U.S.C. sec. 7601(d); CERCLA, 42 U.S.C. sec. 9626; and Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. sec. 1300.

The Bureau of Indian Affairs (BIA) is the primary federal agency charged with carrying out the trust responsibility of the United States to Native American tribes. The trust relationship stems from.treaties and agreements between the government and Native American tribes. This trust includes the protection and enhancement of Native American lands and the conservation and development of natural resources, including fish and wildlife, outdoor recreation, water, range land, and forestry resources. BIA was created in the War Department in 1824, and transferred to the Department of the Interior in 1949. In addition, the trust responsibility generally applies to all other federal agencies as well.

State Laws

Native American tribes are not usually subject to state law except under very limited circumstances. See Cabazon Band of Mission Indians v. California, 480 U.S.202 (1987).

Return to Government

Return to Law Dictionary Index