Legal Definitions - Indian law

Indian law, often referred to as Native American law, is a specialized and complex area of law in the United States. It governs the unique legal and political relationship between the U.S. federal government, state governments, and federally recognized Native American tribes. This body of law encompasses treaties, federal statutes, regulations, executive orders, and court decisions that define tribal sovereignty, jurisdiction over tribal lands, and the rights and responsibilities of tribal members and non-members within tribal territories.

It acknowledges that Native American tribes possess inherent sovereign powers, meaning they have the authority to govern themselves, establish their own laws, and operate their own court systems, subject to certain limitations imposed by federal law.

• Example 1: Environmental Regulation on Tribal Land

  A large energy company proposes to build a new pipeline that would cross a portion of land belonging to the fictional "Eagle River Tribe." The tribe has its own environmental protection agency and regulations that are stricter than the state's. Under Indian law, the company would not only need to comply with federal environmental reviews but also obtain permits from and adhere to the specific environmental standards set by the Eagle River Tribe. This illustrates how tribal sovereignty allows tribes to exercise regulatory authority over their lands, often independently of state law, and how federal law mediates this relationship.

• Example 2: Criminal Jurisdiction on a Reservation

  A non-tribal member commits a serious assault against a tribal member on the "Desert Bloom Reservation." Because the crime occurred on tribal land and involved a non-tribal perpetrator, Indian law dictates that the U.S. federal government, not the tribal court or the state court, would likely have jurisdiction to prosecute the non-tribal member for the felony. If the perpetrator were a tribal member, the tribal court might have jurisdiction, or the federal government could still prosecute depending on the severity of the crime. This scenario highlights the intricate jurisdictional rules that determine which government (tribal, state, or federal) has the authority to investigate and prosecute crimes committed on tribal lands.

• Example 3: Economic Development and Taxation

  The "Great Plains Nation" decides to open a new casino and resort on its reservation land. Under Indian law, the tribe, as a sovereign entity, has the authority to operate this business and impose its own taxes on its operations and, in some cases, on transactions occurring within its territory. While state governments might seek to tax aspects of the casino's operations or its patrons, federal law and established precedents under Indian law often limit the extent to which states can impose taxes on tribal enterprises or activities on tribal land. This demonstrates how tribal sovereignty extends to economic self-governance and the unique tax implications that arise from business activities on Native American reservations.