Overview of Native American Law

Native American law governs how the United States government and Native American tribal governments relate to and interact with one another. Consisting of treaties, federal statutes, and case law, Native American law covers issues of tribal sovereignty, tribal land use, natural resources, and gaming rights.

The U.S. Supreme Court established foundational case law for tribal sovereignty and the federal government’s trust responsibility. The U.S. federal government has a government-to-government relationship with recognized tribes through the Bureau of Indian Affairs (BIA).

Native law involves issues of independent jurisdiction between federal, state, and tribal governments. For more information, contact a local Native American lawyer for legal advice.

What Is Native American Law?

Federal Indian law is a legal practice area involving key issues in how Native American tribes interact with the U.S. federal government. This includes indigenous peoples of North America, Native Hawaiians, and Alaska Natives.

There are many Indian treaties, U.S. Supreme Court cases, federal laws, and executive orders that comprise Native American law. Federal statutes dealing with Native Peoples’ rights and sovereignty include:

• Indian Reorganization Act
• Indian Civil Rights Act (Indian Bill of Rights)
• Indian Child Welfare Act
• Indian Self-Determination and Education Assistance Act
• Tribal Law and Order Act

These and other federal laws have recognized tribal sovereignty, the right to self-government, and native land use.

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Native American Law vs. Tribal Law

Tribal law is related to Native American law but generally refers to the legal systems of tribal governments. Each individual tribal nation can have its own tribal laws and government system. The National Indian Law Library is a database of tribal laws as well as federal Indian law.

Tribal governments are generally made up of tribal executives, tribal councils, and tribal courts, similar to the three branches of the federal government. Indian tribes create and manage their own tribal governments, which establish their own programs and manage economic operations. Groups like the National Congress of American Indians continue to advocate for sovereignty and self-determination.

The Bureau of Indian Affairs (BIA) oversees federal policy over tribal groups. There are 574 federally recognized tribes.

Key Areas of Native American Law

Native American law is not a singular topic. Native American legal issues change over time and include:

• Land use and property rights
• Natural resources
• Hunting and fishing rights
• Environmental law
• Taxation
• Tribal sovereignty
• Religious freedom

There are also distinct legal issues involving indigenous peoples in Alaska and Hawaii. The United States took control of Alaska and Hawaii much later than the continental American land. The Alaska Native Claims Settlement Act settled native allotments, townsites, and land claims.

Native Hawaiians also have a unique relationship with the government. The government recognizes Native Hawaiians as a distinct and unique indigenous people. However, Native Hawaiians do not have tribal recognition.

Finding a Lawyer for Native American Law Issues

Native American law often requires an understanding of multiple jurisdictions, including federal, state, and tribal law. A Native American law attorney understands local issues for native and non-native individuals and groups. For more information about your local legal issues, contact a local Native American law attorney.