Federal Indian Law: Understanding Treaty Rights and US Trust Obligations

Native American law is the legal framework that governs the relationship between Tribal Nations and the United States. It dictates everything from land ownership and resource management to Tribal self-governance and civil rights.

The original treaties remain the heart of the legal landscape, but shifting policies and broken promises have often defined this government-to-government relationship.

Read on to learn more about these foundational agreements and the ongoing, legally binding obligation the U.S. government must fulfill to honor them. For more information about legal issues related to Tribal Nations, contact a local Native American law attorney.

Historical Background on Federal Indian Law

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

Early Interactions and Treaties

Treaties between the United States government and American Indian Tribes are almost as old as the federal government itself.

Between 1778 and 1871, the U.S. government signed hundreds of treaties with Tribal Nations, which have government-to-government relationships with the U.S. federal government. These political relationships are similar to those that the United States has with other nations around the world, but they have operated differently.

The Shift in US Indian Policy

In 1871, Congress enacted a law prohibiting the federal government from making new Indian treaties with American Indian Tribes. However, that law did not modify or invalidate treaty obligations lawfully made before March 3, 1871.

Since that time, federal and state governments have continued entering into contracts and agreements with Tribal governments covering a range of topics, including healthcare services, education, and economic opportunities. These agreements are usually memorialized through sources of law other than treaties, including executive orders, court decisions, and acts of Congress.

Indian policy continues to evolve. U.S. policy toward Tribal Nations has ranged from supporting Tribal governments to attempting to terminate Tribal sovereign status.

Understanding Treaty Rights

Treaty rights with respect to Native Americans are legally binding agreements that establish political and property relations between the United States and Tribal Nations. These treaties protect and preserve:

• Sovereignty in territories retained by Tribal Nations
• Rights to exclusive use and occupancy of land (typically called “reservations”)
• Rights to resources, such as traditional hunting and fishing grounds
• Protection from criminal outsiders

Treaties did not create new rights, and Tribal Nations did not grant rights to the United States. These treaties affirm preexisting rights concerning the Tribal Nations.

The United States government is obligated to fulfill treaty obligations and act as a responsible trustee for Tribal Nations and their members. These obligations are grounded in the United States Constitution, statutes, treaties, executive orders, and other sources of federal law. U.S. law recognizes that its treaty obligations with other nations are the supreme law of the land under the U.S. Constitution.

Obligations Under Treaties

The United States is required to uphold and fulfill its treaty obligations with Tribal Nations. These trust obligations resulted from historical relations between the United States and Tribal Nations.

History of the Federal Indian Trust Responsibility

The federal Indian trust responsibility was first discussed in Cherokee Nation v. Georgia(1831). Through the years, the trust doctrine has been the center of numerous other court cases, representing one of the most important principles in federal Indian law.

In Seminole Nation v. United States (1942), the U.S. Supreme Court described the responsibility as “moral obligations of the highest responsibility and trust.”

The federal Indian trust responsibility continues to this day. It’s a legally enforceable fiduciary obligation that the United States owes to Tribal Nations to protect Tribal treaty rights, lands, assets, and resources.

This trust responsibility also creates a duty to comply with federal law regarding American Indian and Alaska Native Tribes and villages. Case law has affirmed that the trust responsibility extends to the legal duties and moral obligations that have arisen throughout the relationship between the United States and the federally recognized Tribes.

Relevance of Treaty Rights Today

Today, there are 575 federally recognized Tribes. The United States still has obligations, as part of its trust responsibility, to manage lands and resources in the best interests of Tribal Nations.

Additionally, these Indian Tribes are eligible to receive services from the BIA. The BIA seeks to maintain government-to-government relationships with Indian Tribes and facilitates support for Tribal people and governments. It also promotes:

• Safe and quality living environments
• Strong communities
• Self-sufficient and individual rights
• Prosperity and well-being of American Indians and Alaska Natives.

Throughout Indian Country, the vast majority of courts are run by Tribal governments through self-determination agreements executed with the BIA regional offices. However, the BIA operates a small number of courts on behalf of the Tribe. The OJS seeks to uphold Tribal sovereignty.

Modern Legal and Political Challenges

Native American law is complex, often implicating Tribal, federal, and local governments. They all operate within the bounds of their legal authority and jurisdiction.

Questions about what law applies and who has jurisdiction are critical considerations for all sovereign Tribal Nations. These issues are frequently litigated as Tribal Nations seek to ensure governing entities respect Tribal sovereignty.

Talk to a Native American Law Attorney

Native American law often requires an understanding of multiple jurisdictions, depending on the issue. In addition to Tribal law, federal and state law may also be at issue. If you need help navigating the complexities of Native American law, talk to a lawyer.

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.