government to government: understanding state - … to government understanding state and tribal...

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National Conference of State Legislatures / National Congress of American Indians

Government toGovernment

UnderstandingState and Tribal Governments

BySusan Johnson

Jeanne KaufmannNational Conference of State Legislatures

John DossettSarah Hicks

National Congress of American Indians

June 2000

William T. Pound, Executive Director

1560 Broadway, Suite 700Denver, Colorado 80202

(303) 830-2200

444 North Capitol Street, N.W.Washington, D.C. 20001

(202) 624-5400

JoAnn Chase, Executive Director

1301 Connecticut Ave., N.W.Suite 200

Washington, D.C. 20036(202) 466-7767

NATIONAL CONGRESS

OF AMERICAN INDIANS

ii Government to Government


Printed on recycled paper

©2000 by the National Conference of State Legislatures. All rights reserved.ISBN 1-58024-110-7

The National Conference of State Legislatures(NCSL) serves the legislators and staffs of thenation’s 50 states, its commonwealths, andterritories. NCSL is a bipartisan organizationwith three objectives:

• To improve the quality and effectivenessof state legislatures,

• To foster interstate communication andcooperation,

• To ensure states a strong cohesive voice inthe federal system.

The Conference operates from offices in Denver,Colorado, and Washington, D.C.

The National Congress of American Indians(NCAI) was founded in 1944 in response totermination and assimilation policies that theUnited States forced upon tribal governmentsin contradiction of their treaty rights and statusas sovereigns. NCAI stressed the need for unityand cooperation among native governments forthe protection of their treaty and sovereignrights. Since 1944, the National Congress ofAmerican Indians has been working to informthe public and Congress on the governmentalrights of American Indians and Alaska Natives.

Now as in the past, NCAI serves to:

• Secure to ourselves and our descendantsthe rights and benefits to which we areentitled,

• Enlighten the public toward the betterunderstanding of the Indian people,

• Preserve rights under Indian treaties oragreements with the United States, and

• Promote the common welfare of theAmerican Indians and Alaska Natives.

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National Conference of State Legislatures / National Congress of American Indians iii

Preface and Acknowledgments .............................................. v

About the Authors ............................................................. viii

Executive Summary .............................................................. ix

1. Introduction ................................................................... 1Indian Nations and States: Sovereign Governments, Mutual Interests and Common Concerns ............................................... 1Interactions Between States and Tribes Are Changing ........................................................ 2Cooperation and Mutual Respect Leads to Positive Results for Both Tribes and States .................................................... 2Cooperative Agreements Protect Jurisdiction and Avoid Expensive Legal Conflicts ..................... 3

2. Structure and Operation of Tribal Governments ........... 7Federal Policy Toward Indian Nations .................... 7Tribal Sovereignity ................................................... 9Relationship to State Sovereignity ........................ 11Treaties ................................................................... 12Trust Relationship ................................................. 13The Structure of Tribal Governments ................... 14Tribal Lands ........................................................... 15Answers to Frequently Asked Questions About Indian Nations ......................................... 17

3. State Governments: Focus on the Legislatures ........... 21The State-Federal Relationship ............................. 21The Structure of State Governments ..................... 22The Structure of State Legislatures ....................... 23Legislative Diversity ............................................... 24

CONTENTS

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National Conference of State Legislatures / National Congress of American Indiansiv

Term Limits ........................................................... 25Legislative Leadership ............................................ 26Legislative Committees .......................................... 26Legislative Staff ...................................................... 27Legislative Mechanisms for Addressing Tribal Issues ......................................................... 28Answers to Frequently Asked Questions About State Legislatures ...................................... 29

4. Working With Neighboring Governments .................. 32Why Work With Tribal Governments? ................. 32How to Work Effectively With Tribal Governments ............................................. 33Why Work With State Legislators? ....................... 34How to Work Effectively With State Legislators ................................................... 36

5. Conclusion ................................................................... 38

Appendices.A. State Committees and Commissions on

Indian Affairs ....................................................... 41B. National and Regional Tribal Organizations ........ 45C. National and Regional State

Organizations and Web Sites .............................. 48D. State Legislative Phone Numbers .......................... 51E. List of Federally and State-Recognized Tribes ....... 56

References .......................................................................... 67

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PREFACE AND

ACKNOWLEDGMENTS

A joint project between the National Conference of State Leg-islatures (NCSL) and the National Congress of American In-dians (NCAI) attempts to promote intergovernmental coop-eration between states and tribes by researching, assessing anddisseminating information about how devolution will affectIndian tribes and the state-tribal relationship.

States and tribes have mutual interests: to use public resourceseffectively and efficiently, to provide comprehensive services totheir respective citizens, to protect the natural environment,and to sustain economies. These mutual interests have, attimes, created jurisdictional disputes that historically have beensolved through litigation. The purpose of this project, how-ever, is to facilitate state-tribal cooperation.

State legislators and tribal leaders have not been previouslyprovided with a consistent neutral forum to address these is-sues. Providers of information to both state and tribal leadersgenerally may be biased or suspect for a variety of reasons.State and tribal leaders may not feel entirely comfortable deal-ing with one another due to lack of cultural or procedural(e.g., the state legislative process) understanding. In addi-tion, state and tribal leaders may not realize that cooperativemeasures are possible to deal with many mutual issues.

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Based on recognizing mutual needs and increasing causes forintergovernmental relations between states and tribes high-lighted by devolution, overarching goals of this project in-clude the following:

• Promote an understanding of tribal sovereignty and gov-ernance by state legislators, and promote an understand-ing among tribal leaders regarding issues and processes ofstate governance, in an attempt to alleviate some of thebasic and historical mistrust that tribes may feel towardstates.

• Create and maintain neutral forums that are comfortablefor and conducive to fostering improved state-tribal leaderrelationships.

• Understand how to form effective state-tribal agreementsto meet mutual interests (what works, what doesn’t).

• Create and institutionalize resource networks.

This publication provides information for state legislators abouttribal governments and for tribal leaders about state govern-ments. Primary barriers to good relations are lack of knowl-edge and misunderstandings, resulting in an inability for tribaland state governments to simply relate to one another.

Much, if not all, of this information is published in variousformats. It is gathered in this publication to assist tribal andstate elected officials who have many concurrent issues andlimited time to address them—to provide some basic infor-mation that officials of both states and tribes often lack aboutone another.

Although this guide does not provide comprehensive informa-tion about existing models of state-tribal cooperation, it doesinclude a chapter about why working with neighboring gov-ernments is important for both governments.

An advisory council to this project provided conceptual sup-port and editorial comments on drafts of this document. Wewould like to thank the following advisory council members:

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Chairman W. Ron Allen Jamestown S’Klallam Tribal Council

Senator Dennis Bercier North Dakota

President Robert Chicks Stockbridge-Munsee Community of Wisconsin

Senator Kelly Haney Oklahoma

LaDonna Harris, President Americans for Indian Opportunity

President Audrey Kohnen Prairie Island Indian Community of Minnesota

Thanks to Karen Quigley, executive director of the OregonLegislative Commission on Indian Services; NCSL LegislativeManagement Program Director Brian Weberg and staff TimStorey; Dr. Eddie F. Brown, associate dean, George WarrenBrown School of Social Work; Cyndi Holmes, self governancedirector, Jamestown S’Klallam Tribe; and Heather Wood, NCAIstaff assistant for reviewing drafts of this document; NCSLeditorial staff Leann Stelzer and Scott Liddell for editing andformatting; and NCSL Publications Director Karen Hansenand Executive Director Bill Pound for their understanding.Thanks also to Sam Deloria and the American Indian LawCenter for the years of work in tribal-state relations and all theinformation he provided to us.

Finally, special thanks to the W.K. Kellogg Foundation, forrealizing the importance of and funding this effort.

David Lovell, Senior Analyst Wisconsin Legislative Council Staff

Senator Lana Oleen Kansas

Senator Margarita Prentice Washington

Senator Tim Sheldon Washington

Melvin Sheldon Council Member Tulalip Tribe

Gail Small, Director Native Action

Preface and Acknowledgments

viii Government to Government

National Conference of State Legislatures / National Congress of American Indiansviii

ABOUT THE AUTHORS

This guidebook was produced jointly by the National Confer-ence of State Legislatures (NCSL) and the National Congressof American Indians (NCAI).

At NCSL, Susan Johnson is the project manager and JeanneKaufmann is a research analyst for the state-tribal relationsproject.

At NCAI, John Dossett and Sarah Hicks are co-managers, andAndrea Howard is a research analyst for the state-tribal rela-tions project.

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EXECUTIVE SUMMARY

State and tribal governments have common purposes: to usepublic resources effectively and efficiently, to provide compre-hensive services to their respective citizens, and to protect thenatural environment, all while sustaining healthy economies.Neighboring governments, as a practical matter, share manyaspects of their respective economic and social systems, andare connected through political and legal relationships. Al-though these mutual interests have created jurisdictional dis-putes that historically have been solved through litigation, thereis an increasing need for cooperation. Public resources are anissue for all governments, and states and tribes can benefit bycollaborating and pooling resources to the fullest extent pos-sible.

As tribal governments continue to build their capabilities andexercise their powers of self-government, and as the federalgovernment continues to devolve responsibilities to them, statesand tribes must address policy questions that concern juris-diction and shared governance. Tribal and state governmentsexercise many of the same sovereign powers: taxing, licensingand regulation, and making and enforcing laws. States andtribes also are responsible for governmental services such aseducation, environmental protection and basic infrastructure.

State-tribal relations have focused primarily on executivebranches in the states through issue-specific relations withparticular agencies and, increasingly, on a broader scale throughcommissions and government-to-government agreements with

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Tribal and stategovernments exercisemany of the samesovereign powers.

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governors. However, state legislatures can be a powerful fo-rum in which to deal with state-tribal relations, because theyhave the primary responsibility to develop state policies gov-erning resource allocations and give authority and direction toagencies to carry out programs and provide services.

If legislators are uninformed or misinformed about the uniquecircumstances and needs of Indian communities, those tribalcitizens will not be adequately served. If tribal governmentsdo not understand state governance concerns and positions, ordo not believe that working with states can be beneficial, thenopportunities for cooperation will not be realized. State andtribal leaders may not feel entirely comfortable or confidentdealing with one another because of past history or lack ofunderstanding of the other. If the tribes and states are to worktogether successfully, they will want to overcome these prob-lems of trust and other barriers. An understanding of govern-ment structures and procedures—as well as cultural issues—isnecessary for both tribes and states.

State legislatures canbe a powerful forum

in which to deal withstate-tribal relations.

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1. INTRODUCTION

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Indian Nations and States:Sovereign Governments, Mutual Interestsand Common Concerns

The U.S. Constitution recognizes Indian nations as govern-ments, and hundreds of treaties, federal laws and court caseshave repeatedly affirmed that American Indian nations retainthe inherent powers to govern themselves. The concept of statesovereignty arises from the Constitution’s Tenth Amendment,which states: “The powers not delegated to the United Statesby the Constitution, nor prohibited by it to the States, arereserved to the States respectively, or to the people.”

State governments and tribal governments have far more incommon than they have in conflict. Both types of govern-ment have a primary interest in protecting the health andwelfare of their people. Both want to promote the economy,provide jobs, protect natural resources and the environment,and provide governmental services. Both tribes and states haveto balance these issues, and their budgets, in order to meet theneeds and demands of their constituents. The ongoing devo-lution of federal programs to the state and tribal levels also hasincreased the number of common concerns that states andtribes have.

State governmentsand tribalgovernments have farmore in commonthan they have inconflict.


2 Government to Government

Interactions Between States and Tribes AreChanging

Across the 35 states where there are many federally recognizedtribes, tribal governments are increasing their capabilities andexercising their powers of self-government on matters rangingfrom natural resource management to economic developmentto social services programs to judicial responsibilities. Theseactivities sometimes generate friction with state governments,but more often bring new opportunities for cooperation andmutually beneficial relations. Some states have encounteredlegal difficulties when dealing with tribes, but other states canprovide examples of cooperative agreements and enabling leg-islation for negotiation processes, commissions, committeesand special activities.

In recent years, more state legislatures have established fo-rums—separate from those of the executive branches—to ad-dress Indian affairs. Some states have hybrid commissions orcommittees (see appendix A). Regardless of what forum ex-ists, there are some common sense reasons why state legisla-tors and tribal leaders may want or need to work together.

Cooperation and Mutual Respect Leads toPositive Results for Both Tribes and States

Many tribes and states are discovering ways to set aside juris-dictional debate in favor of cooperative government-to-gov-ernment relationships that respect the autonomy of both gov-ernments. Tribal governments, state governments and localgovernments are finding innovative ways to work together tocarry out their governmental functions. New intergovernmentalinstitutions have been developed in many states, and state-tribal cooperative agreements on a broad range of issues arebecoming commonplace.

Tribal governments,state governments andlocal governments are

finding innovativeways to work together

to carry out theirgovernmental

functions.

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Cooperative Agreements Protect Jurisdictionand Avoid Expensive Legal Conflicts

Cooperation does not mean that either a state or a tribe isgiving away jurisdiction or sovereignty. Some areas of dis-agreement may always exist, as they may with any neighbor-ing governments. Certainly, both states and tribes will pre-serve their ability to litigate over jurisdictional, legal and con-stitutional rights when it is in their best interest to do so.However, many costly and unproductive legal conflicts can beavoided and many beneficial results can be obtained throughefforts by both states and tribes to understand each other andresolve conflicts. This guide is intended to help states andtribes understand each other and begin the process of explor-ing new avenues for improvement of governmental service forthe citizens of both tribes and states.

Because devolution may result in overlapping or parallel re-sponsibilities for state and tribal governments, there is mutualinterest in coordinating services and authorities to eliminateduplication and to maximize limited resources. State and tribalgovernments can establish lines of communication, and canwork toward coordinated governing. Devolution, in givinggreater responsibility to state and tribal governments, not onlyhas increased opportunities for conflict but also has increasedopportunities for meaningful and mutually beneficial coop-eration.

DevolutionA major impetus for the increased need for improved tribal-state relations is devolution—the transfer of resources and re-sponsibilities, often through federal block grants or other fund-ing mechanisms, to state, local or tribal governments. Thisshifting of power and authority away from the federal govern-ment is intended to “bring government closer to the people,”and make government more responsive to local needs. Re-sponse to local needs is much more difficult to accomplishthrough a large federal bureaucracy. In recent years, service

Introduction

Devolution hasincreasedopportunities formeaningful andmutually beneficialcooperation.



programs (welfare reform, child care, social support) and envi-ronmental programs have been increasingly devolved from thefederal government to states and tribes.

Devolution’s Effect on Tribal GovernmentsDevolution disproportionately affects tribal governments.Depending on the mechanism through which programs aredevolved (generally through federal law), tribal governmentsmay or may not be recognized as units of government withauthority to directly receive the resources and administer thespecific program. Although some authorizing laws—like manyenvironmental laws and the welfare reform law—recognizetribal governments as capable program administrators, otherfederal laws do not. For instance, sections of the Social Secu-rity Act authorize only state governments to administer Med-icaid, Medicare and Children’s Health Insurance Programs.Even when tribes are authorized to administer programs simi-lar to state programs, tribes often are afforded proportionallyfewer resources and subjected to greater oversight than arestates. Federal devolutionary policies are inconsistent in re-gard to the sovereign status of tribal governments and theircapacity to carry out governmental programs.

Before or in the early stages of the current devolutionary trend,many tribal governments and the federal government embracedthe concept of shifting federal programs and services to tribalcontrol. The Indian Self-Determination and Education Assis-tance Act of 1975 gave Indian tribes the authority to contractfor federal resources and administer federal programs as a basicexercise of tribal sovereignty and self-determination. Since1975, the self-determination programs have been expandedseveral times, and the Self-Governance Act of 1994 gave tribeseven greater flexibility in reprogramming Bureau of IndianAffairs and Indian Health Services resources to meet tribalneeds. The premise of the self-determination and self-gover-nance programs is that tribal governments have the option tonegotiate an agreement to receive the federal resources andperform the services themselves. This ability of each tribe tonegotiate an arrangement that will meet its unique needs is

Federal devolutionarypolicies are

inconsistent in regardto the sovereign statusof tribal governmentsand their capacity to

carry outgovernmental

programs.

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key to the success of the self-determination and self-gover-nance programs; it is lacking in other forms of federal devolu-tion.

Devolutionary policies also raise questions about whether devo-lution will diminish the federal trust responsibility to tribesand reduce federal oversight and concern for tribal needs. Thetrust responsibility is the obligation of the federal governmentto protect tribal self-governance, tribal lands, assets, resources,and treaty rights, and generally to ensure that the basic needsof tribal communities are met (discussed in more detail inchapter 2). The self-determination and self-governance actsclearly guard the federal trust responsibility, but other formsof federal devolution do not. Because of the inconsistent his-tory of federal Indian policy, tribes are hesitant to rely uponpolicies that attempt to make them self-sufficient. Such po-lices often have been accompanied by efforts to remove thefederal protection of tribal self-government and the federal re-sponsibility for tribal needs.

So, while tribal governments generally welcome the opportu-nity for increased authority and flexibility, they also questionthe long-term effects of devolutionary policies and their differ-ential acknowledgment of tribal governments. As a result,tribal acceptance of devolved programs has varied greatly. Tribesgenerally desire that both the federal and the state govern-ments give greater consideration to tribal self-government andunique tribal needs as devolved programs are developed andimplemented.

Common ConcernsIn spite of some disparate treatment, state and tribal govern-ments have many similar interests in devolutionary policies.Both states and tribes have wrestled with the new responsi-bilities and federal limitations, and have consistently soughtgreater flexibility. Tribes and states have a great interest incollaborating to ensure that services are efficiently provided toall citizens—both inside and outside reservation boundaries—and in minimizing service overlap.

Introduction

Both states and tribeshave wrestled withnew responsibilitiesand federallimitations and haveconsistently soughtgreater flexibility.



State and tribal governments similarly struggle to have an op-portunity to provide input into congressional processes thatdevelop the structure and limitations with which programsare devolved. Adequate resources to provide services also areof concern, particularly because fixed federal block grants maybe inadequate in times of economic distress or downturn. Fi-nally, some devolved programs have limited program and policydevelopment flexibility, unrealistic programmatic performancemeasures, lack administrative resources and haveoverburdensome reporting requirements, all which are prob-lematic for both states and tribes. In the era of devolution,state and tribal governments have many common interests andcommunication and collaboration are increasingly necessary.

Some devolvedprograms have

limited program andpolicy development

flexibility.

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Identify Strengths and Weaknesses, Opportunities and Threats

2. STRUCTURE AND OPERATION

OF TRIBAL GOVERNMENTS

More than 558 federally recognized “Indian tribes” (variouslycalled tribes, nations, bands, pueblos, communities and na-tive villages) exist in the United States. About 226 of these arelocated in Alaska; the rest are located in 34 other states. Tribesare ethnically, culturally and linguistically diverse.

Article 1, Section 8 of the U.S. Constitution reads, “The Con-gress shall have power to...regulate commerce with foreignnations, and among the several states, and with the Indiantribes.” Thus, the supreme law of the United States clearlyrecognizes the governmental status of Indian tribes and cre-ates the basis for the unique federal relationship with tribalgovernments. The Supreme Court, the president and theCongress have repeatedly affirmed that Indian tribes retaintheir inherent powers of self-government.

To understand today’s tribal governments, it is helpful to knowthe basic history of federal policy toward Indian tribes.

Federal Policy Toward Indian Nations

Pre-1492 Pre-Columbian Period—Indian people lived in or-ganized societies with their own forms of government forthousands of years before contact with Europeans.

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The Supreme Court,the president and theCongress haverepeatedly affirmedthat Indian tribesretain their inherentpowers of self-government.



1492-1828 Colonial Period—The proliferation of Europeancolonies created a dominant presence on the East Coast ofNorth America. These colonies acquired some Indian landsunder the doctrine of discovery and also signed treatieswith the tribes for additional land. Colonial governmentstreated with Indian tribes as governments, setting the pre-cedent for future relations. Following the RevolutionaryWar, the newborn United States took pains to maintainpeace with neighboring tribes, but pressure from settlersresulted in increasing encroachment and conflict.

1828-1887 Removal, Reservation and Treaty Period—As theU.S. population and military strength grew, so did pres-sure by the U.S. government on eastern tribes to movewest, resulting in forced migration and the creation of treatyreservations. Later, the U.S. government embarked on anaggressive military policy throughout the West and estab-lished Indian reservations through treaties, acquiring moreIndian land. In general, the treaties traded land for theright to tribal self-governance on reservations under theprotection of the United States.

1887-1934 Allotment and Assimilation Period—Settlers’ in-creasing desire for the land within reservations and thepush to assimilate Indians into mainstream American lifeled to the General Allotment Act of 1887 (also known asthe Dawes Act), which dictated the forced conversion ofcommunally held tribal lands into small parcels for indi-vidual Indian ownership. More than 90 million acres—nearly two-thirds of reservation land—were taken fromtribes and given to settlers, most often without compensa-tion to the tribes.

1934-1945 Indian Reorganization Period—The federal gov-ernment, under the Indian Reorganization Act of 1934,was prevented from carrying out further allotment. It beganto restore Indian lands to tribes and attempted to helptribes reform their governments. The federal governmentcreated programs and projects to rehabilitate Indian eco-

Colonial governmentstreated with Indian

tribes as governments,setting the precedentfor future relations.

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Structure and Operation of Tribal Governments

nomic life. These efforts were critical in reestablishingtribal economies and formed a basis for renewed tribalautonomy, but too often forced European/Anglo valuesand government structures upon tribes, thereby damag-ing traditional values and governance.

1945-1968 Termination Period—Congress decided that fed-eral assistance to more than 100 tribes should be termi-nated. Public Law 280, passed in 1953, imposed statecriminal and civil jurisdiction on many tribes in Califor-nia, Minnesota, Nebraska, Oregon and Wisconsin. Thesepolicies created economic disaster for many tribes, andmillions of acres of valuable natural resource land wereremoved through tax forfeiture sales. Federal policy em-phasized the physical relocation of Indians from reserva-tions to urban areas.

1968-present Self-Determination Period—A resurgence of tribalgovernment activity in Congress and in the federal courtsended the termination era and pushed U.S. policy towardself-determination and self-governance. Policies emergedthat favored tribal control over their destinies. With con-trol over their lands and resources, tribes have made greatstrides toward reversing the economic blight that resultedfrom previous federal policies, and have revived their uniquecultures and societies. Under the self-determination andself-governance acts, tribal governments have been man-aging many federal programs that are intended to serveIndian people.

Tribal Sovereignty

The essence of tribal sovereignty is the ability to govern and toprotect the health, safety and welfare of tribal citizens withintribal territory. Tribes are separate and distinct peoples withunique histories that predate the United States as a politicalentity. Recognition of and respect for tribal sovereignty hasstrong roots that date to the earliest contact between the in-digenous peoples of North America and the first European

The essence of tribalsovereignty is theability to govern andto protect the health,safety and welfare oftribal citizens withintribal territory.



settlers. Settlers and the tribal leaders dealt with each other asseparate sovereigns, and that relationship is the foundation ofall interactions that have taken place between the United Statesand Indian tribes throughout the history of the nation. Thispolicy of respect for tribal sovereignty is found in the U.S.Constitution, nation-to-nation treaties, federal statutes, caselaw, executive orders and other administrative policies.

Just as the United States deals with states as governments, italso deals with Indian tribes as governments, not as specialinterest groups, individuals or some other type of non-govern-mental entity. Many state governments also have explicitlyrecognized the governmental status of Indian tribes throughvarious state recognition processes.

Tribal governments have the inherent right to develop theirown form of government, to determine their own citizenship,to establish their own civil and criminal laws and be ruled bythem in tribal courts, to tax, to license and regulate, and toexclude people from tribal lands. Tribal governments are re-sponsible for a broad range of governmental activities on triballands, including education; law enforcement; justice systems;environmental protection; and basic infrastructure such as roads,bridges, sewers, solid waste treatment and disposal, and pub-lic buildings.

Congress and the federal courts have placed some significantlimitations on the exercise of tribal sovereignty, particularlywith regard to jurisdiction over non-Indians. For example,tribal jurisdiction over non-Indians on criminal matters wassharply limited in the 1978 Supreme Court decision inOliphant vs. Suquamish Indian Tribe. However, federal law isparticularly protective of tribes’ authority over internal mat-ters and their ability to protect the health and welfare of theirpeople. Tribal sovereignty is inherent in the status of Indiantribes, and the law assumes that tribes have sovereign author-ity unless a federal statute has specifically removed that au-thority or a federal court has determined that the tribe’s exer-

Federal law isparticularly protective

of tribes’ authorityover internal matters

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cise of authority is completely inconsistent with the tribal sta-tus within the federal framework.

The status of Indian nations as governments and the preserva-tion and protection of tribal history, language, culture andtraditions are at the heart of almost every issue that touchesIndian Country and often are misunderstood or not consid-ered by non-Indians. Self-government is essential for tribalcommunities to continue to protect their unique cultures andidentities, and tribal cultures and traditions provide the foun-dation upon which Indian communities are governed.

Relationship to State Sovereignty

The Constitution gives authority in Indian affairs to the fed-eral government, not to the state governments. Tribal govern-ments are not subservient to state governments, and retain theright to create laws that are stricter or more lenient than statelaws. State laws cannot be applied where they interfere withthe right of a tribe to make its own laws protecting the healthand welfare of its citizens, or where it would interfere with anyfederal interest. In general, states may regulate only on mat-ters that are exclusive to non-Indians and that do not affecttribal interests. In some limited instances, the federal govern-ment has delegated federal authority on Indian lands to thestates.

The analysis of state-tribal relations often is described as ajurisdictional battle over when and how the state may regulateon tribal lands. However, this view of tribal-state relations isincomplete. With far less publicity, tribal governments andstate governments for many decades have found ways to coop-erate on a broad range of regulatory matters. Most often, thecooperation is in the form of an intergovernmental agreement,a state statute, or an informal arrangement regarding whichgovernment will cover certain functions.


Tribal governmentsand state governmentsfor many decadeshave found ways tocooperate on a broadrange of regulatorymatters.



Treaties

When European settlers came to America, they dealt with thetribes as sovereigns and often negotiated treaties. Exchangesof land and guarantees of peace were handled by treaty. TheU.S. government continued to deal with the tribes throughtreaties until after the Revolutionary War.

Hundreds of treaties between Indian nations and the UnitedStates have been negotiated by the president and ratified bytwo-thirds of the Senate. Indian treaties have the same statusas treaties with foreign nations. Because such treaties are madeunder the U.S. Constitution, they take precedence over anyconflicting state law. Terms of the treaties are upheld by theSupreme Court, although the Court has ruled that treatiesmay be unilaterally abrogated by Congress. However, Con-gress must show a “clear and plain” intent to abrogate a treaty(Lone Wolf vs. Hitchcock, 1903).

Treaties vary widely in their terms and provisions. They com-monly included a guarantee of peace, a provision on landboundaries, a guarantee of hunting and fishing rights (oftenon lands outside the reservation lands) and a statement thatthe tribe recognized the authority of the United States and, inreturn, received a promise from the United States of protec-tion.

Indian treaty making effectively ended in 1871 when Con-gress passed a legislative rider that attempted to limit the powerof the president to enter into treaties with Indian nations.Although some question the constitutionality of this legisla-tion, it nevertheless made clear that no further treaties wouldbe ratified. As a result, not all tribes have a treaty. Althoughthe U.S. Senate did ratify 370 Indian treaties between 1778and 1871, at least another 45 were negotiated with tribes butnever ratified. As determined by the U.S. Court of Claims,some of these unratified treaties have taken legal effect. Afterofficial treaty making ended, many tribes have been federallyrecognized through executive order or statute.

Hundreds of treatieshave been negotiated

between Indiannations and the

United States.

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Trust Relationship

The federal trust responsibility, one of the most importantdoctrines in federal Indian law, derives from the treaties andthe European law of nations. It is the obligation of the federalgovernment to protect tribal self-governance, tribal lands, as-sets, resources, and treaty rights, and to carry out the direc-tions of federal statutes and court cases. The Supreme Courthas defined the trust responsibility as “moral obligations ofthe highest responsibility and trust” (Seminole Nation vs.United States, 1942).

The trust responsibility can be broadly divided into two in-terrelated areas. The property-oriented trust duties concen-trate upon a narrow but important aspect of the federal trustresponsibility: protecting tribal property and assets where thetitle is held in trust by the United States for the benefit of thetribe. The second, more fundamental, federal trust obligationis to honor the federal guarantee of self-government and thepromise that tribal lands must be preserved as the base for aseparate culture. A permanent tribal community requires asecure land base to function upon and govern, water to irri-gate the land, fish and game in the streams, and income fromtimber and mineral development. The federal trustee is underan obligation to protect those purposes.

The trust responsibility has also been acknowledged in theSnyder Act of 1921, which requires that the Bureau of IndianAffairs, under the supervision of the secretary of the InteriorDepartment, “to direct, supervise, and expend such moneys asCongress may from time to time appropriate, for the benefit,care and assistance of Indians throughout the United States”for several purposes, including education; health; economicdevelopment and profitability of Indian property; develop-ment and maintenance of Indian water supplies and build-ings; the hiring of government officials, physicians, Indianpolice, and Indian judges; and the suppression of drug andalcohol trafficking.


The federal trustresponsibility is theobligation of thefederal government toprotect tribal self-governance, triballands, assets, resources,and treaty rights.



The Structure of Tribal Governments

Traditional tribal governments existed long before Europeancontact and have evolved over time. The 558 federally recog-nized tribes in the United States today have governments thatare diverse in structure and in decision-making processes.Because some tribal constitutions were patterned after the modelconstitution developed by the Bureau of Indian Affairs—inresponse to the Indian Reorganization Act (IRA) of 1934—some similarities exist among tribal governments. These stan-dard tribal constitutions contain provisions describing tribalterritory, specifying eligibility for citizenship, and establish-ing the governing bodies and their powers.

Most tribes give legislative authority to a tribal council. Insome tribes, the tribal council members are elected by dis-trict; in others, they are elected at large. The council generallyhas authority to write tribal laws, and in some tribes the coun-cil members have administrative duties. Most tribal constitu-tions also provide for an executive officer, called a tribal chair-man, president, governor or chief. In some tribes, the chiefexecutive is elected by the tribal council, while in others he orshe is directly elected by the voting citizens. In most cases,the duties and powers of the chief executive are not specifiedin the constitution, but are set in the bylaws. Consequently,the role of the chief executive varies greatly among tribes. Manytribes also have created their own court systems that adminis-ter codes passed by the tribal council. In many tribes, judgesare elected by popular vote; in others, judges are appointed bythe tribal council.

About 60 percent of tribal governments are based on IndianReorganization Act constitutions. Tribes that have chosen otherstructures and constitutions frequently have made the deci-sion to do so in favor of a government that is more traditionalto the tribe, and do not necessarily follow the pattern outlinedabove. Such governments are diverse and range from the Na-vajo Nation to the pueblos of New Mexico. The Navajo Na-tion has no written constitution, but operates under a de-

The 558 federallyrecognized tribes in

the United Statestoday have

governments that arediverse in structure

and in decision-making processes.

15


tailed tribal code and has an elected council and president.Many of the pueblos operate entirely under unwritten cus-tomary law, with traditional leadership and a completely dif-ferent government structure.

Tribal Lands

Land is of great spiritual and cultural significance to Indiantribes, and many Indian communities continue to rely uponthe land for subsistence through hunting, fishing and gather-ing. Land-based production such as agriculture, forestry, min-ing, and oil and gas production play a prominent role in tribaleconomies. Moreover, Indian lands are critical for the exerciseof tribal self-governance and self-determination.

Between 1887 and 1934, the U.S. government took more than90 million acres—nearly two-thirds of reservation lands—fromthe tribes and gave it to settlers, most often without compen-sation to the tribes. In addition, the termination era of the1940s and 1950s resulted in the loss of huge amounts of res-ervation land.

Today, Indian tribes hold more than 50 million acres of land,approximately 2 percent of the United States. Most of theselands are in arid and remote regions. The largest reservation—the Navajo Nation—covers an area as large as West Virginia.Some reservations are as small as a few acres, and some tribeshold no land at all. With the exception of Metlakatla in South-east Alaska, no reservations exist in that state. Alaska Nativelands title is outlined in the Alaska Native Settlement ClaimsAct of 1971.

Trust Lands

Title to most tribal lands is held by the federal government intrust for the benefit of current and future generations of tribalcitizens. Most often, this land is within the boundaries of areservation. Although trust land falls under tribal governmentauthority and generally is not subject to state laws, it also is


Title to most triballands is held by thefederal government intrust.



subject to limitations on the use of the land and requires fed-eral approval for most actions. As a result of allotment, a greatdeal of land is held in trust status for individuals.

Under the 1934 Indian Reorganization Act, the federal gov-ernment and the tribes can acquire additional land in trust inan effort to “… conserve and develop Indian lands and re-sources” and to rehabilitate Indian economic life. This landusually is purchased by the tribe or acquired from federal sur-plus lands. Trust status can be conferred only by the secretaryof interior or the U.S. Congress by statute.

Since 1934, the secretary has taken about 9 million acres backinto trust status—about 10 percent of the total amount ofland lost. The vast majority of reacquired lands have beenwithin the boundaries of existing reservations. However, it issometimes necessary for tribes to acquire land outside reserva-tion boundaries. This is particularly true for tribes that haveextremely small reservations, for those in remote areas far fromthe mainstream of economic life, and for those tribes wherereservations were diminished during the allotment or termi-nation periods.

Regulations require that the secretary notify state and localgovernments before making a determination on taking landinto trust status, and the secretary must specifically considerthe effect on state and local governments of removal of theland from the tax rolls. State and local governments have theright to appeal a secretarial decision both within the Depart-ment of Interior and in the federal courts.

Much stricter limitations exist on acquiring land into trust ifthat land is to be used by a tribal government for gamingpurposes. The Indian Gaming Regulatory Act of 1988 (25U.S.C. §2719) prohibits gaming on off-reservation lands thatwere acquired in trust after 1988, unless the governor of thestate concurs and the secretary determines that gaming wouldnot be detrimental to the surrounding community.

Trust status can beconferred only by the

secretary of interior orthe U.S. Congress by

statute.

17


Non-Indian Fee Lands

One of the chief issues regarding Indian lands is the effect offormer federal land policies—including allotment—that leftmany tribes with scattered and fractionated parcels intermixedwith lands held by non-Indians. This landholding pattern,often called “checkerboarding,” creates two primary problems.The first is that it may render the tribal land base unusable foragriculture, grazing, timber or mining.

The second problem that arises is the jurisdiction over non-Indian fee land within reservation boundaries. Some non-Indians do not want a tribal government to have jurisdictionover their land, and tribal governments resent the intrusion ofstate jurisdiction within tribal boundaries. In general, theSupreme Court has confirmed the authority of tribal govern-ments to exercise civil authority over the conduct of non-Indi-ans on fee lands within a reservation when that conduct threat-ens the political integrity, the economic security, or the healthand welfare of the tribe (Montana vs. U.S., 1981). In prac-tice, jurisdictional matters on checkerboard lands offer a primeopportunity for increased coordination and the developmentof cooperative agreements between tribal, state and local offi-cials.

Answers to Frequently Asked Questions AboutIndian Nations

Why are Indian tribal citizens treated differently than racial mi-nority groups such as African Americans, Latinos, Asian Ameri-cans and others?

American Indians and Alaska Natives are members or citizensof tribal governments. The tribal government has a speciallegal and political relationship with the federal government,and certain services are provided by the U.S. government be-cause the person is a citizen of the tribe. American Indians


Jurisdictional matterson checkerboardlands offer a primeopportunity forincreasedcoordination betweentribal, state and localofficials.



and Alaska Natives also are citizens of the United States andtheir states, with rights to vote and run for office.

What are the requirements for tribal citizenship?

Like any government, tribal governments determine their owncriteria for citizenship. Usually there is some blood quantumrequirement, such as 1/4, or a requirement of lineal descen-dance from a tribal citizen. Individual tribes can answer spe-cific questions. Some federal agencies also have criteria fordetermining eligibility for programs and services. About 2.3million Native people in the United States are enrolled citi-zens of federally recognized tribes.

Does the federal government provide all the necessary funding forIndian tribes?

Like state governments, tribal governments receive some fed-eral funding for the programs they operate. The federal gov-ernment has an obligation to tribal governments that is basedon numerous treaties and on the overall trust responsibility.Despite these obligations, federal funding is inadequate as arethe services and infrastructure of many tribal governments onIndian reservations.

Does the federal government pay all expenses—health care, hous-ing and college tuition—for individual Indians?

In general, no. The federal government provides basic healthcare for all Indian people through the Indian Health Service.Unfortunately, these health programs have been inadequatelyfunded for many decades, and Indian people have the worsthealth status of any group in the country. The Department ofHousing and Urban Services provides some housing on Indianreservations, but Indians have the highest rate of homelessnessand overcrowding. The federal government provides some edu-cational assistance to tribal colleges, but higher education gen-erally is not provided and remains beyond the reach of mostIndian people.

American Indiansand Alaska Natives

are citizens of theUnited States and

their states, withrights to vote and run

for office.

19


Do Indian people pay taxes?

Individual American Indians and Alaska Natives and theirbusinesses pay federal income tax just like all other Americans.The exception is that the income an Indian receives directlyfrom a treaty or trust resource such as fish or timber is notfederally taxed. States cannot tax tribal citizens who live onand derive their income from tribal lands, but those who workor live outside tribal lands generally are subject to state in-come, sales and other taxes.

Do tribal governments pay federal taxes?

Tribal government revenues are not taxed, just as state andlocal government revenues are not taxed. This long-standingfederal policy with Constitutional support prevents interfer-ence with the ability to raise revenue for government func-tions.

Do tribal governments pay state taxes?

States cannot directly tax a tribal government. The SupremeCourt has held that state governments can collect excise taxeson sales to non-tribal citizens that occur on tribal lands, solong as the tax does not fall directly on the tribal government.States and tribes have developed a variety of methods for col-lecting these taxes, such as intergovernmental agreements orpre-taxing at the wholesale level.

Why do tribes have immunity from lawsuits?

Government or sovereign immunity applies to state, local andfederal—as well as tribal—governments. Government immu-nity protects government funds and discretionary governmentfunctions. Like other governments, tribes provide for insur-ance and limited waivers of their sovereign immunity, takingresponsibility for the actions of tribal employees. No govern-ment could successfully operate without sovereign immunityto protect the discretionary actions of government officials.


Tribal governmentrevenues are nottaxed, just as state andlocal governmentrevenues are nottaxed.



Aren’t all Indian tribes getting rich from casinos?

The media coverage of tribal gaming has left the impressionthat all tribes have grown rich on casino money and that pov-erty has been eradicated in Indian communities. In fact, onlya small number of Indian tribes have found economic successthrough gaming. Of the 558 tribes, only 198 are engaged ingaming, and 22 of those tribes collect 56 percent of the rev-enue. In reality, gaming has done little to change the de-pressed economic conditions found on most reservations.

Does the federal government regulate Indian gaming?

In 1988, Congress formally recognized but limited the rightof Indians to conduct gaming when it passed the Indian Gam-ing Regulatory Act (IGRA). The IGRA created the NationalIndian Gaming Commission to regulate Indian gaming. TheIGRA generally allows tribes to use Class II games such asbingo, so long as these games are not criminally prohibited bythe state. For Class III casino gaming, however, tribes firstmust negotiate compacts with states concerning the games tobe played and the regulation required for the games.

How do Indian nations use the revenues from Indian gaming?

Like state and local governments, tribes use revenues from anysource as a tax base to fund essential services such as educa-tion, law enforcement, tribal courts, health care and other so-cial services, economic development, and infrastructure im-provement. In fact, Indian tribes are required by IGRA to usetheir gaming revenues for such purposes. Tribal governmentgaming—enterprises run by government entities to raise rev-enues for essential government functions—is more akin to statelotteries than to commercial for-profit businesses.

Gaming has donelittle to change thedepressed economic

conditions found onmost reservations.

21


3. STATE GOVERNMENTS:FOCUS ON THE LEGISLATURES

The State-Federal Relationship

The relationships between the states and the federal govern-ment were first recognized in the Articles of Confederation in1781. The U.S. Constitution was drafted in 1787, but it wasin 1791 that the Tenth Amendment was drafted.

The federal government ensures some minimum cohesivenessor commonality in the way programs and government func-tions are carried out across the nation, but implementationand adaptation of these programs and functions generally areleft to the states. Relations between state governments and thefederal government are not so simple. A complex web of re-sponsibilities and jurisdictions often confuses the issue of wherefederal control ends and state control begins.

Geography, economics and other factors may influence therelationships states have with the federal government. Statesand state governments are as diverse as tribes and tribal gov-ernments. Rooted in the historical development of the coun-try, western states, for instance, may be more independent orwary of the federal government despite—or because of—thevast federal land holdings in the west. But poorer states—wherever their location—may be more dependent on federalassistance.

21

A complex web ofresponsibilities andjurisdictions oftenconfuses the issue ofwhere federal controlends and state controlbegins.



The Structure of State Governments

Three branches of government exist within the states: legisla-tive, executive and judicial. As the U.S. Constitution estab-lishes the three branches of the federal government, state con-stitutions establish the three branches of state government.Having three distinct branches—a “separation of powers”—allows each to have its own responsibilities, but none to bemore powerful than the others.

Legislative

The legislative function is threefold: they write the state laws,appropriate the funding, and conduct oversight to ensure thatthe laws are enforced and the state agencies effectively performtheir duties. Under state constitutions, legislatures have gen-eral lawmaking powers. Legislatures, rather than agencies, gen-erally make the initial political decisions that balance compet-ing interests such as economic development and environmen-tal protection. Agency officials are not accountable in the sameway to the citizens as are elected legislators and are not com-pelled to make the difficult policy choices that legislaturesmust make.

All branches of state government are funded by citizen taxesthat are appropriated by the legislatures—in this sense thethree branches are linked by this annual or biennial process.State budget processes are complex and it often takes much ofthe year to develop the budget. In most states, the governor islegally responsible for developing proposed budgets. He orshe does so with substantial input from state agency directors,who are responsible for reporting expenditures and forecastingbudget needs for their individual agencies. Most legislatureshave budget review offices or agencies that monitor state spend-ing and help prepare appropriations bills for consideration bythe legislatures. Some legislatures follow the governor’s bud-get, others may not follow it so closely. The legislatures ulti-mately authorize all agency program budgets and often au-

Legislatures ultimatelyauthorize all agency

program budgets.

23


thorize specific spending for particular items by passing a bud-get bill, which then must be signed by the governor.

Understanding the budget process and the role of the legisla-ture, the governor and the agencies can help neighboring gov-ernments to effectively work with the state government.

Executive

The governor and the agencies make up the executive branch.The governor— the “chief executive” of the state—sets policythrough executive orders or proclamations. Generally, a newgovernor can reverse those orders. The governor can proposelegislation and also has veto authority over legislative actions,but legislatures, with a substantial majority, can override agovernor’s veto. In most states, the governor appoints agencydirectors. The agencies carry out laws enacted by the legisla-tive branch by providing services, implementing non-serviceprograms, and practicing enforcement authority as granted bythe legislature. State agencies handle specific issues and havedefined areas of responsibility.

Judicial

The judiciary, or court system, in each state acts as a check onthe other branches by ruling on controversies that may involvestate laws and governing processes. (Most states are movingtoward adopting merit systems to select judges; a few still usepopular elections.) The legislature or governor can react to acourt ruling with which they disagree by amending state lawand policy, unless it is a constitutional issue.

The Structure of State Legislatures

The 50 state legislatures have many similar elements. All haveperiodic elections, establish legislative leadership and commit-tee systems, and employ staff who assist individual membersand the legislative process to run smoothly.

State Governments: Focus on the Legislatures

Agencies carry outlaws enacted by thelegislative branch.



Forty-nine states have bicameral legislatures made up of twochambers or legislative houses called the senate and the houseof representatives. In a few states, the house is officially calledthe assembly or house of delegates. Of the two houses, thehouse is generally the larger body, and members serve shorterterms than their senate counterparts. The sizes of legislatures—established in state constitutions—also vary greatly, from NewHampshire’s 400-member House to Alaska’s 20-member Sen-ate.

Nebraska is the only uni-cameral state legislature inthe nation, and legislatorsthere are called senators.The Nebraska Legislaturealso is unique because itis the only state legislaturewhere members areelected on a nonpartisanbasis.

Most legislatures meet ev-ery year with the exceptionof Arkansas, Kentucky,Montana, Nevada, NorthDakota, Oregon andTexas, which meet bienni-ally, or once every twoyears. Session length var-ies from state to state—

anywhere from 30 days to several months or, in some states,until the business is done. California, Illinois, Massachu-setts, Michigan, New York, Ohio, Wisconsin and the Districtof Columbia meet throughout the year.

Legislative Diversity

Although each state legislature is unique, there are three gen-eral types of state legislatures, based on the population of the

Legislative DistrictsThere are 7,424 state legislators in the United States andthe number of legislators who serve in each state varies dra-matically. States are divided into districts, and legislators areelected from these areas to represent the district at the statelegislature.

District boundaries are redrawn every 10 years based onpopulation data and demographic information providedby the U.S. Bureau of the Census. A series of U.S. SupremeCourt rulings and the federal Voting Rights Act require thata state’s legislative election districts have equal populationand that each district’s racial and ethnic makeup does notpreclude minority groups from the potential to elect candi-dates of their choice.

In most states, the redrawing of legislative districts—redis-tricting—is done by the state legislature. A state commis-sion performs this role in a few states.

25


state, the length of the session, the size of the legislative staff,and legislative salary. These three types are referred to as 1)full-time legislatures; 2) citizen legislatures; and 3) mixed orhybrid legislatures that fall somewhere between type 1 andtype 2.

In full-time legislatures more legislators work only in the leg-islature, have larger staff, and receive higher salaries. This typeof legislature is typical in larger states that have long sessions.Citizen legislatures are those where the legislators are part-time (they usually have full-time employment elsewhere), havesmall staffs that also may be part-time, and are paid lowersalaries. This type of legislature is typical of smaller states orlow-population states that have short sessions. The third cat-egory is a combination of the full-time and citizen legisla-tures. These legislatures generally have medium-sized staffsand receive a moderate salary. Session lengths vary among theselargely Midwestern states.

Diversity exists among legislators as well. Education, subjectmatter expertise and experience are as varied as that of thegeneral population. Minority groups are gaining representa-tion in the legislatures. Political and geographical labels donot necessarily tell all about a particular legislator. Rural mem-bers are not necessarily ultra-conservative and Democrats arenot necessarily liberal, for instance.

Term Limits

Most state house members are elected every two years, exceptin Alabama, Louisiana, Mississippi and Maryland, where themembers serve for four years. Most senators are elected tofour-year terms, except in 12 states where they have two-yearterms. A recent trend in some state legislatures has been to setlimits on how many terms a person may hold office as a repre-sentative or senator. Eighteen states have various term limits(most states also limit the number of terms that the governorcan serve). The length of term limits varies in each of the 18states.


Legislators’ education,subject matterexpertise andexperience are asvaried as that of thegeneral population.



Legislative Leadership

Certain members hold leadership positions in their respectivelegislative chambers. The top positions are the speaker for thehouse of representatives and the president, president pro temor majority leader for the senate. These leaders—elected bythe members of the entire chamber or a majority of their partymembers—usually decide committee assignments and set theoverall session agendas. Leadership also can have significantinfluence over particular legislation.

Each chamber also has a majority (the political party with themost seats in the legislature) leader who is elected by his orher political party or appointed by the speaker or president ofthe respective chamber. These leaders, who are primarily re-sponsible for scheduling bills for consideration and control-ling the debate when the bill reaches the floor, work closelywith the speaker or the president. Minority (the political partywith less seats than the majority in the legislature) leadersrepresent their political party in the senate or house. Finally,majority and minority “whips” in both chambers serve as liai-sons between leadership and members, and perform variousfunctions related to their political party. Informal or unspo-ken power structures may include legislators who althoughthey have no formal leadership position, serve as part of the“inner circle” of those who may wield legislative power amongcolleagues.

Legislative Committees

Legislative committees hear most of the debate on proposedbills. Committee hearings are open to the public, and offer anopportunity for citizens to voice opinions and explain the prosand cons of specific topics that may affect their community.Legislators depend on these hearings to learn enough aboutthe proposed legislation to make informed decisions to votefor or against it.

Committee hearingsare open to the public,

and offer anopportunity forcitizens to voice

opinions.

27


All committees are either comprised of legislators from onehouse only, or are “joint” committees with members from bothhouses. Occasionally non-legislators will sit on committees.The three main types of legislative committees are standing,interim and select. Standing committees deal with broad top-ics such as education, local government, finance, human ser-vices and environment. They meet during the legislative ses-sion and continue from year to year. These committee mem-bers review, debate and refine legislation before any action istaken on the legislation by the entire body. Interim commit-tees are akin to study groups that meet between sessions. Theygenerally have a narrower focus. Select committees are similarto interim committees in that they meet on specific subjectsor proposals, but they dissolve when the task is done. Bothinterim and select committees often are authorized at the endof the session to look at issues that were debated but not en-acted.

Committees are chaired by legislators who have some exper-tise in or knowledge of the topic area, and are supported bylegislative staff. By virtue of their jurisdiction, some commit-tees are more powerful than others. Appropriations, ways andmeans, finance, and rules are among the more influential com-mittees in most states.

Legislative Staff

The importance of staff in the legislative process should not beunderestimated, because they provide information to and thusinfluence the legislators. Non-partisan legislative staff officesprovide year-round research and legal capabilities dedicatedto the legislative branch. These offices are independent of theexecutive branch. They provide background information onbills, respond to information requests from the members andmay staff various committees of the legislature. Staff also maydraft bills out of these offices or from separate legislative draft-ing offices. Fiscal and audit staff analyze budgets and evaluateprograms.


Committee membersreview, debate andrefine legislationbefore any action istaken on thelegislation by theentire body.



An increasing number of professional and partisan legislativestaff are being hired by state legislatures. Partisan legislativestaff work exclusively for majority or minority leadership orDemocratic or Republican caucuses and focus generally ondeveloping party positions. Personal legislative staff—thosewho work for only one legislator—are common in larger states.All staff are responsible for assisting legislators in carrying outtheir duties, and some may have considerable influence onlegislative action.

Chief staff officers in each chamber—the secretary of the sen-ate and the clerk of the house—are responsible for readingbills upon introduction, preparing chamber calendars, track-ing amendments, recording votes, publishing journals thatreflect floor action, posting committee hearing schedules, andengrossing and enrolling bills.

Committee staff record votes and prepare minutes, amend-ments and committee reports. They often brief the memberson the issue(s) and may assist in preparing questions that mem-bers will ask of witnesses to clarify points or address specificconcerns.

Legislative Mechanisms for Addressing TribalIssues

Legislatures have various forums and methods to address tribalissues. Several states have legislative committees—both standingand interim—dedicated to Indian affairs. These committeesgenerally are comprised of legislators only, but they hear testi-mony from any interested party.

Some states have councils, committees or commissions thatinclude appointed representatives from state administrative andlegislative branches, and often from the tribes. A few stateshave issue-specific committees or councils, such as gaming orfisheries commissions. Finally, many states have Indian affairscommissions that are solely mechanisms of the executive

Staff are responsiblefor assisting legislators

in carrying out theirduties.

29


branches and generally do not include legislative involvement.A complete listing of state committees and commissions isincluded in appendix A.

Maine has a unique mechanism. Under the state’s House Rule525, one representative each from the Penobscot Nation andthe Passamaquoddy Tribe are granted seats on the floor of thehouse with speaking privileges. They can serve on commit-tees, and have other legislative rights and privileges except forvoting. They also may sponsor or cosponsor legislation thatspecifically relates to Indians and Indian land claims.

Some states have “Tribal Government Day” or “Indian Day” atthe legislatures where, for instance, tribal leaders may be in-vited to address the legislature. Annual or regularly scheduledmeetings between tribal and state legislative representativesalso may be scheduled.

Lastly, legislatures have addressed Indian issues by enactinglaws directing agencies or local governments to enter into in-tergovernmental agreements with tribes. This legislation mayaddress the general principles and processes of entering intoagreements, and may include direction to agencies or the gov-ernor to enter into agreements on specific issues in such areassuch as tax, law enforcement, gaming, human services or envi-ronmental protection.

Answers to Frequently Asked Questions AboutState Legislatures

Who can submit legislative proposals to the state legislature?

A legislator must introduce bills and other proposals to thelegislature as a whole. Anyone, however, may suggest a pro-posal to a legislator, who then, can present it to the body.Some states have deadlines—usually soon after the beginningof the session—for submitting proposals to the legislature to


Legislatures haveaddressed Indian issuesby enacting lawsdirecting agencies orlocal governments toenter intointergovernmentalagreements with tribes.



reduce the sheer number of proposals submitted and theamount of interruption of regularly scheduled business.

How are state legislative proposals written?

Proposals generally take the form of resolutions, memorials orbills. Proposals generally are written by legal specialists orlawyers on the legislature’s staff. Bills drafted by people out-side the legislature must be reviewed by legislative staff to en-sure that they follow the correct format.

What is a bill sponsor?

A bill sponsor is a legislator who supports an idea and requeststhat a bill be drafted for introduction or introduces a bill thatalready is drafted. Many states limit the number of bills amember can introduce. Cosponsors are other legislators whoagree with and support the sponsor of a bill they believe wouldbe a good law.

What happens once a bill is introduced?

After a member introduces a bill in his or her chamber, it isassigned a number and then is referred to a committee(s) thatmay hold hearings and either report the bill back to the cham-ber without any changes, report an amended version, or rec-ommend that the bill not be passed. Once through commit-tee, a bill is placed on a calendar in the house or the senate,where it is debated and passed or defeated by a majority vote.It then is sent to the other chamber where the same process isfollowed. If it passes both chambers, the bill goes to the gover-nor, who either signs or vetoes the legislation. Anywhere dur-ing this process, the bill may be defeated, amended or substi-tuted by another bill.

Anywhere during theprocess, a bill may bedefeated, amended orsubstituted by another

bill.

31


How do you find out about committee times, agendas and billstatus?

Committees meet in various rooms throughout the state capi-tol. The times and locations are posted in various places withinthe capitol, on the state legislative web site, and may be adver-tised in the statewide newspapers.

Calendars and agendas are the schedules of business for eachday in each chamber and for committees. Floor calendars areset by the speaker of the house or the senate president. Com-mittee chairs set committee agendas. To obtain notices re-garding the agendas for a particular day’s floor session or acommittee meeting, contact the legislative information num-ber (appendix D) for referral to the correct office in that state.

Bill status can be obtained by calling the bill status phonenumbers (appendix D). In addition, most state legislativeweb sites can be searched for bills in each session by subject,keyword, sponsor or bill number. Some state web pages aremore up-to-date than others.

Who can address a senate or house of representatives?

Unlike legislative committee hearings, only legislators and staffgenerally are allowed access to the floor of either chamber toaddress the members. Simple introductions by a legislator ofa guest either on the floor or in the gallery (the public seatingarea above the floor) are common. However, it is extremelyrare that a non-legislator is allowed to address the floor. Theonly way to obtain permission to address a chamber of thelegislature is to approach a legislator or the presiding officer—the speaker or the president—and make a request. Such re-quests must be made well in advance and may very well berejected. Even the governor can address a chamber only byspecial invitation.


Only legislators andstaff generally areallowed access to thefloor of eitherchamber to addressthe members.



4. WORKING WITH

NEIGHBORING

GOVERNMENTS

Often, the knowledge of how an entity is structured and whyit operates as it does is not enough to help understand whyand how to actually work with that entity. This chapter offersnot only considerations of the potential reasons to work to-gether and the benefits of collaboration, but also provides sug-gestions about how to initiate contact and build relationships.

Why Work With Tribal Governments?

As sovereign governments, tribes and states often have similarissues of concern. Both are responsible for their constituen-cies—providing needed programs and services, using limitedresources effectively, and promoting sustainable development.In areas of overlapping or adjacent jurisdiction, states and tribescan realize significant benefits from cooperation.

Tribal governments know their constituents; they provide avariety of programs and services. Tribal governments often canmore successfully provide effective, appropriate services to tribalcitizens and can coordinate state-provided services with ser-vices that already are provided on the reservation to ensurecomprehensive, non-duplicative services. Tribal governmentsthemselves are the fundamental source of authority in Indian

32

In areas ofoverlapping or

adjacent jurisdiction,states and tribes can

realize significantbenefits fromcooperation.

33


Country, and it is best to contact them directly regarding con-cerns or questions about a tribal matter. NCAI and othertribal organizations can serve as a resource, but are no substi-tute for direct communication with tribal governments.

How to Work Effectively With TribalGovernments

The more than 558 tribal governments are listed in appendixC. A complete list of federally recognized tribes with addressesand phone numbers also is available on the NCAI web site(www.ncai.org). If your state has a commission, office or com-mittee on Indian affairs (appendix A) or an intertribal associa-tion (appendix B), these can serve as key resources to assist incontacting tribal officials and understanding the governmen-tal structure and protocols that are unique to each tribe.

In general, it is best to communicate and coordinate with tribalgovernments on a government-to-government basis, in a mannersimilar to the relationships between other state or federal gov-ernment agencies. It is recommended that coordination takeplace as early as possible and before any official notificationsare made. A key is ongoing, long-term relationships, wherecommunication continually is shared and updated. Severalstates have developed agreements and protocols on state-tribalcommunication and coordination that have been helpful inregularizing the contacts between states and tribes.

In contacting a tribal government, it is generally appropriateto contact (by letter, phone or fax) the chief executive of thetribe. In matters concerning a particular issue (i.e., roads,social service delivery or natural resources), it also is also ap-propriate to contact the responsible tribal program director,but it is important to understand the structure of each tribe,and to notify the chief executive of the tribe in regard to allimportant issues.

Working With Neighboring Governments

It is best tocommunicate andcoordinate with tribalgovernments on agovernment-to-government basis.



Beyond these general observations, it is essential to under-stand the structure of the tribal government in order to suc-cessfully coordinate with a specific tribe. For example, sometribal governments have distinct executive and legislativebranches, so it may be important to communicate with bothbranches. Other tribes have a system more akin to parlia-ment, where the chief executive also is the chair of the tribalcouncil. In these cases, communicating with the chairpersonmay be effective for communicating with the entire tribal gov-ernment.

Tribal governments share many characteristics with other formsof government so the process of initiating contacts should befamiliar. Because tribal officials have been elected or appointedto serve their citizens, it is entirely appropriate to open com-munication on matters that may be of concern to the tribalcommunity.

Why Work With State Legislators?

Many tribal representatives may be used to working with stateexecutive branch officials, whether with the governor or withagency personnel. However, many issues can and should beaddressed at the legislative level. In a nutshell, here are somereasons to get to know state legislators and legislatures.

• Indian issues can be addressed through legislation that isdrafted by people familiar with the issues. Legislationthat is drafted by those who have inadequate knowledgeor information about an issue may have unintended ad-verse effects on tribes and may fail to accomplish the in-tended goals.

• Legislative policy is likely to be longer lasting than execu-tive branch policy, which can change with every adminis-tration.

• Individual legislators are accessible.• Legislators are close to the people, have a relatively small

member-to-constituent ratio, and have a working knowl-edge of local conditions.

Many issues can andshould be addressed

at the legislative level.

35


• Mutual education—of tribal leaders about the legislativeprocess and of legislators about tribal government and therealities of Indian country—is facilitated by state legisla-tor-tribal leader relationships.

• Legislatures are responsible for appropriating funds for allstate-funded programs.

Specifically, individual leg-islators sponsor, amend andvote on bills that provideservices to and appropria-tions for the entire state.Legislative staff can be in-strumental in the processbecause they conduct theresearch, may draft the billsand amendments, and areresponsible for the smoothoperation of the legislatureduring its sessions. Inmany states, legislative staffspecialize in particulartopic areas.

Legislators are elected torepresent their constitu-ents’ best interests. Thecurrent trend of devolutionmeans the states—and, insome cases, the tribes—are taking on different and additionalresponsibilities. This will affect not only Indian tribes andcommunities, but also the state-tribal relationship. The legis-latures are in a key position to enact effective (or ineffective)policies.

If individual legislators are unaware of particular needs withintheir district or the state as a whole, they cannot address theproblem through legislation. Knowing the legislators whorepresent your district and knowing the state legislative lead-

A Note on State AgenciesFor the majority of state government issues that tribes mightencounter, a state agency is designated to handle the matter.State agencies are created by state legislatures to handle theday-to-day business of state government. For transporta-tion projects, building inspections, emergency response plan-ning, leaking underground storage tanks, Medicaid reim-bursement, discriminatory lending practices, tax collection,job training, tourism promotion, criminal enforcement, anda host of other specific issues, a state agency or commissiongenerally is responsible, and there may be a local office thatcan deal with your issue. In many instances, it is mostefficient and effective to work through the appropriate stateagency, as long as the legislature has granted that agency theauthority and funding to handle the particular issue.

State agency addresses and phone numbers are listed in theblue pages of the phone book, or usually can be found onthe state web site at “www.state. (two letter state initials).us”.It is worth the time to learn about the state agencies, theirfunctions, and the services they can provide.




ership are first steps in establishing the necessary working re-lationships.

How to Work Effectively With StateLegislators

Understanding the legislative process—much of which is de-scribed in chapter 3—is imperative to successful working rela-tionships. Equally as important is an understanding of thepolitics of the state in general and within the legislature. Po-litical party and individual legislator agendas, the make-up ofthe legislature in terms of party divisions, and any dissensionbetween or within the parties all are useful to understand. Ifthere are party differences or other sources of disagreementbetween the legislature and the governor know who must signbills. Work with members of both the majority and minority,and be aware of election dates. The closer to an election, themore likely legislators will follow partisan platforms.

Personal contact with legislators often is the most effective.Visits at the capitol during session might be necessary, butlegislators often are more accessible when the legislature is notin session. It is especially important to work on building per-sonal relationships with legislators and staff, instead of visitingthem only when their support is needed.

Understand the committee process as well as what happens tobills on chamber floors. Be aware of committee meetings orhearings on topics relevant to you or your community, so thatyou can attend them, voice your opinion, and clearly statewhy you support or oppose a proposal. Be prepared and well-versed so that you can state your concerns clearly. Prepare ashort written summary of your position so that legislators cantake it with them to review later. The more you work with thecommittees, the better the legislators will get to know youand understand your positions, as well as the common goalsand needs that your tribe shares with the state.

It is especiallyimportant to work on

building personalrelationships with

legislators and staff,

37


This advice is applicable to any person or group who has astake in the outcomes of the legislative process. Tribal leaderswill want to consider how the legislature may perceive thosetribal representatives who act in a lobbying capacity beforethe legislature. Appearing as a special interest, although attimes unavoidable in protecting your communities, may notafford you the same respect as if you were to approach thelegislature on a government-to-government basis. Some legis-lative mechanisms that may assist in developing a government-to-government relationship are discussed in chapter 3.

Tribal governments deal with many issues about which stategovernments also are concerned. Although many issues tribeshave may be more effectively dealt with at the agency level,the agency may not have either the authority or the directionto work with tribes. Being involved in the legislative process isa good way to begin to coordinate with the state on issues thatare of concern to all.


Being involved in thelegislative process is agood way to begin tocoordinate with thestate on issues that areof concern to all.



5. CONCLUSION

Misunderstandings often arise from a lack of understanding.A first step to good relations is knowing how neighboring gov-ernments operate and what issues are important to them. Theprimary prerequisite for cooperation between governments isa mutual understanding of the unique circumstances, needsand overall culture within which each government operates.The National Conference of State Legislatures and the Na-tional Congress of American Indians are working toward mu-tual education on governmental function and structure. Thisguide represents a beginning. Additional efforts of these orga-nizations and many others—as well as state and tribal leadersthemselves—ultimately will promote greater state-tribal co-operation in general, and also in substantive program areassuch as protecting the environment, managing natural resourcesand implementing welfare reform.

The pace of state-tribal activity is expected to increase due tothe devolution of the federal government’s historical responsi-bilities to state and tribal governments. There are several waysto address the current situation and prepare for the futureconsequences of this trend. The compilation and dissemina-tion of information, dialogue among state and tribal leaderswho have common interests, and an increased capacity of tribesand states to address mutual issues will result in more openand productive long-term relationships.

It is important that all stakeholders work toward institution-alization of the positive relationships that exist and continue

38

An increased tribaland state capacity to

address mutual issueswill result in more

open and productivelong-term

relationships.

39


to be formed. Changing social and economic conditions andpolitical turnover threaten any political relationship, but per-manent forums and communication channels can help stateand tribal leaders face challenges of mutual interest. No gov-ernment can operate effectively unless it coordinates with neigh-boring governments. By collaborating on issues of mutualconcern, states and tribes have the opportunity to improvegovernance and better serve their respective constituents.

Conclusion

No government canoperate effectivelyunless it coordinateswith neighboringgovernments.

41


APPENDIX A. STATE

COMMITTEES AND COMMISSIONS

ON INDIAN AFFAIRS

41

AlabamaIndian Affairs Commission(334) 242-2830Darla F. Graves, Executive Directorhttp://www.archives.state.al.us/agencies/indicom

.html

AlaskaRural Government Task ForceStaff, [email protected]

ArizonaHouse Rural and Native American Affairs

Committee (L)http://www.azleg.state.az.us/committe/44leg/

hrnaa.min.htm

Commission on Indian Affairs(602) 542-3123Ron S. Lee, Executive Directorhttp://www.indianaffairs.state.az.us

ArkansasNone

CaliforniaAssembly Select Committee on IndianGaming (L)Assembly Select Committee on Native American

Repatriation (L)

Native American Heritage Commission(916) 653-4082Larry Myers, Executive Secretary

Office of Native American Affairs(877) 860-2863Olin Jones, Director

ColoradoCommission of Indian Affairs(303) 866-3027Karen D. Wilde-Rogers, Executive Secretaryhttp://www.state.co.us/gov_dir/ltgov/indian/

indian.htm

ConnecticutOffice of American Indian Affairs(860) 424-3066Ed Sarabia, Indian Affairs Coordinator

This list is available and updated on NCSL’s web site at http://www.ncsl.org/programs/esnr/stlegcom.htm. For legislative committee (“L”) phonenumbers, call the general information numbers listed for the legislatures in appendix D.



DelawareNanticoke Indian Association(302) 945-3400Kenneth Clark, Director

FloridaGovernor’s Council on Indian Affairs Inc.(850) 488-0730(800) 322-9186Joe A. Quetone, Executive Directorhttp://www.fgcia.com

GeorgiaCouncil on American Indian Concerns(404) 656-6527Billy ThompsonNealie McCormick, Chairman

HawaiiHouse Committee on Judiciary and

Hawaiian Affairs (L)

Senate Committee on Water, Land andHawaiian Affairs (L)

Office of Hawaiian Affairs(808) 594-1888Randall K. Ogata, Administrator

IdahoCouncil on Indian AffairsMike McConnell, staff(208) 334-2475

IllinoisAmerican Indian Center(773) 275-5871http://www.mcs.net/~aicMaxine Spatari, Executive Director

IndianaCivil Rights Commission(317) 232-6549(800) 628-2909http://www.ai.org/icrcSandra D. Leek, Director

IowaNone

KansasJoint Committee on State-Tribal Relations (L)

Native American Affairs(785) 368-7319Brad Hamilton, Director

KentuckyNone

LouisianaGovernor’s Office of Indian Affairs(225) 219-7556Pat Arnould, Deputy Directorhttp://www.indianaffairs.com/

MaineIndian Tribal State Commission(207) 622-4815Diane C. Scully, Executive Director

MarylandCommission on Indian Affairs(410) 514-7653Elaine Eff, Acting Administrator

MassachusettsCommission on Indian Affairs(617) 727-6966John A. Peters Jr. Executive Director

MichiganAmerican Indian Affairs Office(517) 241-7748Donna Budnick, American Indian Specialist

MinnesotaIndian Affairs Council(218) 755-3825Joe Day, Executive Directorhttp://www.indians.state.mn.us

43


MississippiNone

MissouriNone

MontanaLaw, Justice & Indian Affairs Committee (L)

Office of Indian Affairs(406) 444-3713

NebraskaCommission on Indian Affairs(402) 471-3475Judi Morgan, Executive Director

NevadaIndian Commission(775) 688-1347http://www.ael.org/eric/ned/ned287.htmSherrada James, Executive Director

New HampshireNone

New JerseyCommission on Native American Affairs(609) 777-2869

New MexicoJoint (House/Senate) Indian Affairs Committee(L)

Senate Indian and Cultural Affairs Committee(L)

Joint Legislative Committee on Compacts (L)

Office of Indian Affairs(505) 827-6440Regis Pecos, Executive Director

New YorkState Office of Children and Family Services—

Indian Affairs(716) 847-3123Kim M. Thomas, Indian Affairs Specialist

North CarolinaHouse Military, Veterans, and Indian Affairs

Committee (L)

Commission on Indian Affairs(919) 733-5998http://www.doa.state.nc.us/cia/welcome.htmGregory Richardson, Executive Director

North DakotaIndian Affairs Commission(701) 328-2428http://www.health.state.nd.us/ndiac/Cynthia Mala, Executive Director

OhioNone

OklahomaJoint Committee on State-Tribal Relations (L)

Indian Affairs Commission(405) 521-3828http://www.state.ok.us/~oiacBarbara A. Warner, Executive Director

OregonLegislative Commission on Indian Services (L)(503) 986-1068http://www.leg.state.or.us/cis/cisset.htmKaren Quigley, Executive Director

Rhode IslandJoseph S. Larison Jr.Governor’s Executive Counsel(401) 222-2080

South CarolinaNone

Appendix A



South DakotaState-Tribal Relations Interim Committee (L)

Office of Tribal Government Relations(605) 773-3415Webster Two Hawk Sr. Commissioner

TennesseeCommission of Indian Affairs(615) 532-0745http://www.state.tn.us/environment/cia/

index.htmlToye Heape, Executive Director

TexasNone

UtahNative American Legislative Liaison Committee(L)

Division of Indian Affairs(801) 538-8808http://www.dced.state.ut.us/Indian/About_us/

staff.htmlForrest S. Cuch, Executive Director

VermontGovernor’s Advisory Commission on NativeAmerican Affairs(802) 868-4033Jeff Benay, Chairman

VirginiaCouncil on Indians(804) 697-6342http://www.indians.vipnet.org/index.htmlChief Barry Bass, Acting Chairman

WashingtonWorking Group on State-Tribal Legislative

RelationsAlan Parker(360) 866-6000

Governor’s Office of Indian Affairs(360) 753-2411Kimberly Craven, Executive Director

West VirginiaNone

WisconsinSpecial Committee on State-Tribal Relations (L)

WyomingIndian Affairs Council(307) 432-0380Gary Maier, Wyoming Community ServicesManager and Indian Affairs Councilman

45

National Conference of State Legislatures / National Congress of American Indians 45

APPENDIX B. NATIONAL AND

REGIONAL TRIBAL ORGANIZATIONS

National Tribal Organizations

American Indian Higher Education Council(703) 838-0400www.aihec.org

American Indian Resources Institute(510) 834-9333

Council of Energy Resource Tribes(303) 282-7576

First Nations Development Institute(540) 371-5615www.firstnations.org

Indian and Native American Employment andTraining Coalition

(907) 265-5975

Inter-Tribal Agricultural Council(406) 259-3525

Inter-Tribal Timber Council(503) 282-4296www.teleport.com/~itc1/index.html

Inter-Tribal Transportation Association(918) 287-1128

National American Indian Court JudgesAssociation

(860) 396-6319www.naicja.org

National American Indian Housing Council(202) 789-1754naihc.Indian.com

National Congress of American Indians(202) 466-7767 www.ncai.org

National Indian Business Association(202) 547-0580

National Indian Child Care Association(918) 758-1463www.nicca.org

National Indian Child Welfare Association(503) 222-4044www.nicwa.org

National Indian Council on Aging(505) 292-2001www.nicoa.org



National Indian Education Association(703) 838-2870www.niea.org

National Indian Gaming Association(202) 546-7711www.niga.org

National Indian Health Board(303) 759-3075www.nihb.org

National Indian Justice Center(707) 762-8113nijc.indian.com

National Native American AIDS PreventionCenter

(510) 444-2051www.nnaapc.org

National Tribal Environmental Council(505) 242-2175www.ntec.org

Native American Rights Fund(202) 785-4166www.narf.org

Regional Inter-TribalOrganizations

Affiliated Tribes of Northwest Indians(503) 241-0070www.atni.org

Alaska Inter-Tribal Council(907) 563-9334www.aitc.org

Alaska Federation of Natives(907) 274-3611www.ankn.uaf.edu

All Indian Pueblo Council(505) 881-1992

Association of Village Council Presidents(907) 543-3521

California Council of Tribal Governments(530) 244-2994

California Indian Manpower Consortium(916) 920-0285

Great Lakes Inter-Tribal Council(715) 588-3324www.newnorth.net/glitc/glitc.htm

Inter-Tribal Council of the Five Civilized Tribes(918) 756-8700

Inter-Tribal Council of Nevada(702) 355-0600www.itcn.org

Inter-Tribal Council of Arizona(602) 248-0071www.primenet.com/~itca

Inter-Tribal Council of California(916) 973-9581

Michigan Inter-Tribal Council(906) 632-6896

Midwest Alliance of Sovereign Tribes(320) 532-4181

Montana-Wyoming Tribal Leaders Council(406) 252-2550tlc.wtp.net

Northwest Portland Area Indian Health Board(503) 228-4185www.npaihb.org

47


Oklahomans for Indian Opportunity(405) 329-3737

Southern California TribalChairman’s Association

(760) 749-0910

United Tribes of Texas, Kansas andOklahoma

(918) 968-3526

United South and Eastern Tribes(615) 872-7900one/web.org/oneida/uset/uset.html

Appendix B



APPENDIX C. NATIONAL AND

REGIONAL STATE

ORGANIZATIONS AND WEB

SITES

General State Organizationsand Web Sites

American Legislative Exchange Council(ALEC)(202) 466-3800www.alec.org

Data Web Sites for the 50 Stateswww.prb.org/news/stateweb.htm

Governing Magazinewww.governing.com/state.htm

Council of State Governments (CSG)(859) 244-8000www.statesnews.org

National Association of Attorneys General(NAAG)(202) 326-6000www.naag.org/index2.html

National Association of Secretaries of State(202) 624-3525www.nass.org/

National Conference of State Legislatures(NCSL)(303) 830-2200www.ncsl.org/

National Governors’ Association (NGA)(202) 624-5346http://nga.org

Ohio-Kentucky-Indiana Regional Council ofGovernments

(513) 621-6300www.oki.org/

Politics: Project Vote Smartwww.vote-smart.org/

State Courts Directorywww.piperinfo.com/pl03/statedir.html

48

49


State Lawwww.alllaw.com/state_resources/state_law_search/

Stateline (PEW Research Center)www.stateline.org/

States.orgwww.states.org/

Western Governors Association (WGA)(303) 623-9378 or (202) 624-5402www.westgov.org

Subject-Specific Organizations andWeb Sites

American Association of State and HighwayTransportation

(202) 624-5800www.aashto.org/

Appalachian Regional Commission (ARC)(202) 884-7799http://arc.gov/

Education Commission for the States(303) 299-3600www.ecs.org/ecs/ecsweb.nsf/

Environmental Council of the States(202) 624-3660http://www.sso.org/ecos/

Federation of State Medical Boards(817) 868-4000www.fsmb.org/

Governors’ Interstate Indian Council (GIIC)www.state.ok.us/~oiac/giic.html

Great Lakes Commission(734) 665-9135www.glc.org

Hate Crimes Statutes (Hate Crimes PreventionCenter)

www.civilrights.org/lcef/hateam/

Insurance News Network: State InsuranceGateway

(860) 233-2800www.insure.com/states/index.html

Interstate Oil and Gas Compact Commission(405) 525-3556www.iogcc.oklaosf.state.ok.us/

Multistate Tax Commission(202) 624-8699www.mtc.gov/

National Assembly of State Art Agencies(202) 347-6352www.nasaa-arts.org/

National Association of Regulatory UtilityCommissioners

(202) 898-2200www.naruc.org/

National Association of State Auditors,Comptrollers and Treasurers

(606) 276-1147www.sso.org/nasact/nasact.htm

National Association of State Budget Officers202-624-5382www.nasbo.org/

National Association of State Departments ofAgriculture

(202) 296-9680www.nasda-hq.org/

National Association of State InformationResource Executives

(859) 231-1971www.nasire.org/

Appendix C



National Center for State Courts(757) 253-2000www.ncsc.dni.us/

South Atlantic Fishery Management Council(843) 571-4366www.safmc.nmfs.gov/

State Libraries(608) 266-2127www.dpi.state.wi.us/dpi/dlcl/pld/statelib.html

State Science and Technology Institute (SSTI)(614) 901-1690www.ssti.org/

Women Executives in State Government(202) 628-9374www.wesg.org/contact.htm

State Genetics Laws (NCSL)www.ncsl.org/programs/employ/Genetics/sg-law.htm

51


APPENDIX D. STATE

LEGISLATIVE PHONE NUMBERS

AlabamaAlabama State House11 S. Union St.Montgomery, AL 36130House info. (334) 242-4759House bill status (334) 242-7627Senate info. (334) 242-7800Senate bill status (334) 242-7825

AlaskaState Capitol120 4th St.Juneau, AK 99801-1182General Info. and bill status (907) 465-4648

ArizonaState Capitol1700 W. Washington St.Phoenix, AZ 85007General info. (602) 542-4900House bill status (602) 542-4221Senate bill status (602) 542-3559

ArkansasState Capitol1500 W. Capitol Ave.Little Rock, AR 72201General info. (501) 682-3000House bill status (501) 682-7771Senate bill status (501) 682-2902

CaliforniaState CapitolSacramento, CA 95814General info. (916) 657-9900House bill status (916) 445-3614Senate bill status (916) 445-4251

ColoradoState Capitol200 E. Colfax Ave.Denver, CO 80203General info. (303) 866-5000Bill status (303) 866-3055 or (303) 866-3521

ConnecticutState CapitolLegislative Office BuildingHartford, CT 06106General info. (860) 240-0100Bill status (860) 566-4601

DelawareLegislative HallP.O. Box 1401Dover, DE 19901General info. (302) 739-4114Bill status (302) 739-4114

51



FloridaThe CapitolTallahassee, FL 32399General info. (850) 488-1234Bill status (850) 488-4371

GeorgiaState CapitolAtlanta, GA 30334General info. (404) 656-2000House bill status (404) 656-5015Senate bill status (404) 656-5042

HawaiiState Capitol415 S. Beretania St.Honolulu, HI 96813General info. (808) 587-0221Bill status (808) 587-0700

IdahoState Capitol BuildingP.O. Box 83720Boise, ID 83270General info. (208) 332-1000Bill status (208) 334-3175

IllinoisState House2nd & Capitol St.Springfield, IL 62706General info. (217) 782-2000Bill status (217) 782-3944

IndianaState House200 W. Washington St.Indianapolis, IN 46204General info. (317) 232-1000Bill status (317) 232-9856

IowaState CapitolDes Moines, IA 50319General info. (515) 281-5011Bill status (515) 281-5129

KansasState Capitol Building300 SW 10th St.Topeka, KS 66612-1504General info. (785) 296-0111Bill status (785) 296-3296

KentuckyState CapitolCapitol Ave.Frankfort, KY 40601General info. (502) 564-2611Bill status (502) 564-8100

LouisianaSecretary of StateP.O. Box 94125Baton Rouge, LA 70804-9125General info. (225) 342-4479Bill status (225) 342-2456

MaineState House StationAugusta, ME 04333-0002General info. (207) 287-1692Bill status (207) 287-1692

MarylandState HouseState CircleAnnapolis, MD 21401-1991General info. (410) 841-3000Bill status (410) 946-5400

MassachusettsState HouseBoston, MA 02133General info. (617) 722-2000House bill status (617) 722-2356Senate bill status (617) 722-1276

53


MichiganState Capitol100 Capitol Ave.Lansing, MI 48909General info. (517) 373-0184Bill status (517) 373-0169

MinnesotaState CapitolSt. Paul, MN 55155-1606General info. (651) 296-6013House bill status (651) 296-6646Senate bill status (651) 296-0504

MississippiState Capitol BuildingP.O. Box 1018Jackson, MS 39215-1018General info. (601) 359-3770Bill status (601) 359-3719 or (601) 359-3358

MissouriState Capitol201 W. Capitol Ave.Jefferson City, MO 65101General info. (573) 751-2000Bill status (573) 751-4633

MontanaMontana Legislative Services DivisionState Capitol, Room 138P.O. Box 201706Helena, MT 59620-1706General info. (406) 444-2511Bill status (406) 444-4800 or (406) 444-3064

Nebraska2018 State CapitolP.O. Box 94604Lincoln, NE 68509General info. (402) 471-2271Bill status (402) 471-2709

NevadaLegislative Office Building401 S. Carson St.Carson City, NV 89701-4747General info. (775) 687-6825Bill status (775) 687-5545 or (775) 687-6827

New HampshireState House107 N. Main St.Concord, NH 03301General info. (603) 271-1110Bill status (603) 271-2239

New JerseyState HouseTrenton, NJ 08625-0068General info. and bill status (800) 792-8630Bill status (609) 292-4840

New MexicoState CapitolSanta Fe, NM 87501General info. and bill status(505) 986-4600

New YorkState CapitolAlbany, NY 12224General info. (518) 474-2121Bill status (518) 455-7545

North CarolinaState Legislative Building16 W. Jones St.Raleigh, NC 27601General info. (919) 733-4111Bill status (919) 733-7779

North DakotaState Capitol600 E. Boulevard Ave.Bismarck, ND 58505-0360General info. (701) 328-2000Bill status (701) 328-2900 or (701) 328-2916

Appendix D



OhioState HouseColumbus, OH 43215General info. (614) 466-2000Bill status (614) 466-8842

OklahomaState Capitol2300 N. Lincoln Blvd.Oklahoma City, OK 73105General info. (405) 521-2011Bill status (405) 521-5642

OregonState Capitol900 Court St., NESalem, OR 97310General info. (503) 986-1848Bill status (503) 986-1180

PennsylvaniaMain Capitol BuildingHarrisburg, PA 17120General info. (717) 787-2121Bill status (717) 787-2342

Rhode IslandState HouseProvidence, RI 02903General info. (401) 222-2653Bill status (401) 751-8833

South CarolinaState House1200 Gervais St.Columbia, SC 29201House general info. (803) 734-2010Senate general info. (803) 212-6200Bill status (803) 734-2060

South DakotaState Capitol500 E. Capitol Ave.Pierre, SD 57501General info. (605) 773-3011Bill status (605) 773-4498

TennesseeLegislative PlazaNashville, TN 37243General info. (800) 443-8366Bill status (615) 741-3511

TexasHouseP.O. Box 2910Austin, TX 78768General info. (512) 463-0845

SenateP.O. Box 12068Austin, TX 78711-2068General info. (512) 463-0100

Bill status (512) 463-2182 or (512) 463-1252

UtahState CapitolSalt Lake City, UT 84114General info. (801) 538-3000Bill status (801) 538-1588

VermontState House115 State St. Drawer 33Montpelier, VT 05633-5301General info. (802) 828-2331Bill status (802) 828-2231

VirginiaState CapitolP.O. Box 406Richmond, VA 23218General info. (804) 786-0000Bill status (804) 698-1500

WashingtonHouseP.O. Box 40600Olympia, WA 98504-0600General info. (360) 786-7750

55


SenateP.O. Box 40482Olympia, WA 98504-0482General info. (360) 786-7550

Bill status (800) 562-6000 or (360) 786-7573

West VirginiaState CapitolCharleston, WV 25305General info. (304) 558-3456Bill status (304) 347-4836

WisconsinState CapitolMadison, WI 53702General info. (608) 266-2211Bill status (608) 266-9960

WyomingState CapitolCheyenne, WY 82002General info. (307) 777-7881Bill status (307) 777-6185 or (307) 777-7881

Appendix D



APPENDIX E. LIST OF

FEDERALLY AND STATE-RECOGNIZED TRIBES

Alabama

Federally RecognizedPoarch Band of Creeks

State-RecognizedMowa Band of ChoctawsEchota CherokeesCherokees of S.E. AlabamaMaChis Lower Alabama Creek TribeStar Clan-Muscogee Creek TribeCherokees of N.E. Alabama

Alaska

Federally RecognizedVillage of AfognakNative Village of AkhiokAkiachak Native CommunityAkiak Native CommunityNative Village of AkutanVillage of AlakanukAlatna VillageNative Village of AleknagikAlgaaciq Native Village (St. Mary’s)Allakaket VillageNative Village of Ambler

Village of Anaktuvuk PassYupiit of AndreafskiAngoon Community AssociationVillage of AniakAnvik VillageArctic Village (See Native Village of Venetie

Tribal Government)Native Village of AtkaAsa’carsarmiut Tribe (formerly Native Village of

Mountain Village)Atqasuk Village (Atkasook)Village of AtmautluakNative Village of Barrow Inupiat Traditional

Government (formerly Native Village ofBarrow)

Beaver VillageNative Village of BelkofskiVillage of Bill Moore’s SloughBirch Creek VillageNative Village of Brevig MissionNative Village of BucklandNative Village of CantwellNative Village of Chanega (Chenega)Chalkyitsik VillageVillage of ChefornakChevak Native VillageChickaloon Native Village

56

57


Native Village of ChignikNative Village of Chignik LagoonChignik Lake VillageChilkat Indian Village (Kluckwan)Chilkoot Indian Association (Haines)Chinik Eskimo Community (Golovin)Native Village of ChistochinaNative Village of ChitinaNative Village of Chuathbaluk (Russian Mission,

Kuskokwim)Chuloonawick Native VillageCircle Native CommunityVillage of Clark’s PointNative Village of CouncilCraig Community AssociationVillage of Crooked CreekCuryung Tribal Council (formerly Native Village

of Dillingham)Native Village of DeeringNative Village of Diomede (Inalik)Village of Dot LakeDouglas Indian AssociationNative Village of EagleNative Village of EekEgegik VillageEklutna Native VillageNative Village of EkukEkwok VillageNative Village of ElimEmmonak VillageEvansville Village (Bettles Field)Native Village of Eyak (Cordova)Native Village of False PassNative Village of Fort YukonNative Village of GakonaGalena Village (Louden Village)Native Village of GambellNative Village of GeorgetownNative Village of Goodnews BayOrganized Village of Grayling (Holikachuk)Gulkana VillageNative Village of HamiltonHealy Lake VillageHoly Cross VillageHoonah Indian AssociationNative Village of Hooper Bay

Hughes VillageHuslia VillageHydaburg Cooperative AssociationIgiugig VillageVillage of IliamnaInupiat Community of the Arctic SlopeIqurmuit Traditional Council (formerly Native

Village of Russian Mission)Ivanoff Bay VillageKaguyak VillageOrganized Village of KakeKaktovik Village (Barter Island)Village of KalskagVillage of KaltagNative Village of KanatakNative Village of KarlukOrganized Village of KasaanNative Village of KasiglukKenaitze Indian TribeKetchikan Indian CorporationNative Village of KianaAgdaagux Tribe of King CoveKing Island Native CommunityNative Village of KipnukNative Village of KivalinaKlawock Cooperative AssociationNative Village of Kluti Kaah (Copper Center)Knik TribeNative Village of KobukKokhanok VillageNew Koliganek Village Council (formerly

Koliganek Village)Native Village of KongiganakVillage of KotlikNative Village of KotzebueNative Village of KoyukKoyukuk Native VillageOrganized Village of KwethlukNative Village of KwigillingokNative Village of Kwinhagak (Quinhagak)Native Village of Larsen BayLevelock VillageLesnoi Village (Woody Island)Lime VillageVillage of Lower KalskagManley Hot Springs Village

Appendix E



Manokotak VillageNative Village of Marshall (Fortuna Ledge)Native Village of Mary’s IglooMcGrath Native VillageNative Village of MekoryukMentasta Traditional Council (formerly

Mentasta Lake Village)Metlakatla Indian Community, Annette Island

ReserveNative Village of MintoNaknek Native VillageNative Village of Nanwalek (English Bay)Native Village of NapaimuteNative Village of NapakiakNative Village of NapaskiakNative Village of Nelson LagoonNenana Native AssociationNew Stuyahok VillageNewhalen VillageNewtok VillageNative Village of NightmuteNikolai VillageNative Village of NikolskiNinilchik VillageNative Village of NoatakNome Eskimo CommunityNondalton VillageNoorvik Native CommunityNorthway VillageNative Village of Nuiqsut (Nooiksut)Nulato VillageNative Village of NunapitchukVillage of OhogamiutVillage of Old HarborOrutsararmuit Native Village (Bethel)Oscarville Traditional VillageNative Village of OuzinkieNative Village of PaimiutPauloff Harbor VillagePedro Bay VillageNative Village of PerryvillePetersburg Indian AssociationNative Village of Pilot PointPilot Station Traditional VillageNative Village of Pitka’s PointPlatinum Traditional Village

Native Village of Point HopeNative Village of Point LayNative Village of Port GrahamNative Village of Port HeidenNative Village of Port LionsPortage Creek Village (Ohgsenakale)Pribilof Islands Aleut Communities of St. Paul

and St. George IslandsQagan Toyagungin Tribe of Sand Point VillageRampart VillageVillage of Red DevilNative Village of RubyVillage of SalamatoffOrganized Village of SaxmanNative Village of SavoongaSaint George (See Pribilof Islands Aleut

Communities of St. Paul and St. GeorgeIslands)

Native Village of Saint MichaelSaint Paul (See Pribilof Islands Aleut

Communities of St. Paul and St. GeorgeIslands)

Native Village of Scammon BayNative Village of SelawikSeldovia Village TribeShageluk Native VillageNative Village of ShaktoolikNative Village of Sheldon’s PointNative Village of ShishmarefNative Village of ShungnakSitka Tribe of AlaskaSkagway VillageVillage of SleetmuteVillage of SolomonSouth Naknek VillageStebbins Community AssociationNative Village of StevensVillage of Stony RiverTakotna VillageNative Village of TanacrossNative Village of TananaNative Village of TatitlekNative Village of TazlinaTelida VillageNative Village of TellerNative Village of Tetlin

59


Central Council of the Tlingit and Haida IndianTribes

Traditional Village of TogiakNative Village of Toksook BayTuluksak Native CommunityNative Village of TuntutuliakNative Village of TununakTwin Hills VillageNative Village of TyonekUgashik VillageUmkumiute Native VillageNative Village of UnalakleetQawalangin Tribe of UnalaskaNative Village of UngaVillage of Venetie (See Native Village of Venetie

Tribal Government)Native Village of Venetie Tribal Government

(Arctic Village and Village of Venetie)Village of WainwrightNative Village of WalesNative Village of White MountainWrangell Cooperative AssociationYakutat Tlingit Tribe

Arizona

Federally RecognizedAk Chin Indian CommunityCocopah TribeColorado River Indian Tribes (Arizona and

California)Fort McDowell Mohave-Apache CommunityFort Mojave Indian Tribe (Arizona, California

and Nevada)Gila River Indian CommunityHavasupai TribeHopi TribeHualapai Indian TribeKaibab Band of Paiute IndiansNavajo Nation (Arizona, New Mexico and

Utah)Pascua Yaqui TribeQuechan Tribe (Arizona and California)Salt River Pima-Maricopa Indian CommunitySan Carlos Apache TribeSan Juan Southern Paiute Tribe

Tohono O’odham NationTonto Apache TribeWhite Mountain Apache TribeYavapai-Apache NationYavapai-Prescott Tribe

California

Federally RecognizedAgua Caliente Band of Cahuilla IndiansAlturas Indian RancheriaAugustine Band of Cahuilla Mission IndiansBear River Band of the Rohnerville RancheriaBerry Creek Rancheria of Maidu Indians of

CaliforniaBig Lagoon RancheriaBig Pine Band of Owens Valley Paiute Shoshone

IndiansBig Sandy Rancheria of Mono IndiansBig Valley Rancheria of Pomo and Pit River

IndiansBlue Lake RancheriaBridgeport Paiute Indian ColonyBuena Vista Rancheria of Me-Wuk IndiansCabazon Band of Cahuilla Mission IndiansCachil DeHe Band of Wintun Indians of the

Colusa Indian CommunityCahuilla Band of Mission IndiansCahto Indian TribeCampo Band of Diegueño Mission IndiansCapitan Grande Band of Diegueño Mission

IndiansBarona Group of Capitan Grande Band of

Mission IndiansViejas (Baron Long) Group of Capitan Grande

Band of Mission IndiansCedarville RancheriaChemehuevi Indian TribeCher-Ae Heights Indian CommunityChicken Ranch Rancheria of Me-Wuk IndiansCloverdale Rancheria of Pomo IndiansCold Springs Rancheria of Mono IndiansColorado River Indian Tribes (Arizona and

California)Cortina Indian Rancheria of Wintun IndiansCoyote Valley Band of Pomo Indians

Appendix E



Cuyapaipe Community of Diegueño MissionIndians

Death Valley Timbi-Sha Shoshone BandDry Creek Rancheria of Pomo IndiansElem Indian Colony of Pomo Indians of the

Sulphur Bank RancheriaElk Valley RancheriaEnterprise Rancheria of Maidu IndiansFort Bidwell Indian CommunityFort Independence Indian Community of Paiute

IndiansFort Mojave Indian Tribe (Arizona, California

and Nevada)Greenville Rancheria of Maidu IndiansGrindstone Indian Rancheria of Wintun-Wailaki

IndiansGuidiville RancheriaHoopa Valley TribeHopland Band of Pomo IndiansInaja Band of Diegueño Mission IndiansIone Band of Miwok IndiansJackson Rancheria of Me-Wuk IndiansJamul Indian VillageKaruk TribeKashia Band of Pomo Indians of the Stewart’s

Point RancheriaLa Jolla Band of Luiseño Mission IndiansLa Posta Band of Diegueño Mission IndiansLos Coyotes Band of Cahuilla Mission IndiansLytton RancheriaManchester Band of Pomo IndiansManzanita Band of Diegueño Mission IndiansMechoopda Indian TribeMesa Grande Band of Diegueño Mission IndiansMiddletown Rancheria of Pomo IndiansMooretown Rancheria of Maidu IndiansMorongo Band of Cahuilla Mission IndiansNorthfork Rancheria of Mono IndiansPaiute-Shoshone Indians of the Bishop

CommunityPaiute-Shoshone Indians of the Lone Pine

CommunityPala Band of Luiseño Mission IndiansPaskenta Band of Nomlaki IndiansPauma Band of Luiseño Mission IndiansPechanga Band of Luiseño Mission Indians

Picayune Rancheria of Chukchansi IndiansPinoleville Rancheria of Pomo IndiansPit River Tribe (includes Big Bend, Lookout,

Montgomery Creek and Roaring CreekRancherias and XL Ranch)

Potter Valley Rancheria of Pomo IndiansQuartz Valley Indian CommunityQuechan Tribe (Arizona and California)Ramona Band or Village of Cahuilla Mission

IndiansRedding RancheriaRedwood Valley Rancheria of Pomo IndiansResighini Rancheria (formerly known as the

Coast Indian Community of Yurok Indiansof the Resighini Rancheria)

Rincon Band of Luiseño Mission IndiansRobinson Rancheria of Pomo IndiansRound Valley Indian Tribes (formerly known as

the Covelo Indian Community)Rumsey Indian Rancheria of Wintun IndiansSan Manual Band of Serrano Mission IndiansSan Pasqual Band of Diegueño Mission IndiansSanta Rosa Indian CommunitySanta Rosa Band of Cahuilla Mission IndiansSanta Ynez Band of Chumash Mission IndiansSanta Ysabel Band of Diegueño Mission IndiansScotts Valley Band of Pomo IndiansSheep Ranch Rancheria of Me-Wuk IndiansSherwood Valley Rancheria of Pomo IndiansShingle Springs Band of Miwok IndiansSmith River RancheriaSoboba Band of Luiseño Mission IndiansSusanville Indian RancheriaSycuan Band of Diegueño Mission IndiansTable Bluff Reservation-Wiyot TribeTable Mountain RancheriaTorres-Martinez Band of Cahuilla Mission

IndiansTule River Indian TribeTuolumne Band of Me-Wuk IndiansTwenty-Nine Palms Band of Luiseño Mission

IndiansUnited Auburn Indian CommunityUpper Lake Band of Pomo IndiansUtu Utu Gwaitu Paiute Tribe

61


Washoe Tribe (Carson Colony, DresslervilleColony, Woodfords Community, StewartCommunity and Washoe Ranches)(California and Nevada)

Yurok Tribe

Colorado

Federally RecognizedSouthern Ute Indian TribeUte Mountain Ute Tribe (Colorado,

New Mexico and Utah)

Connecticut

Federally RecognizedMashantucket Pequot TribeMohegan Indian Tribe

State -RecognizedGolden Hill Paugussett TribePaucatuck Eastern Pequot TribeSchaghticoke Bands

Florida

Federally RecognizedMiccosukee Tribe of IndiansSeminole Tribe (Dania, Big Cypress, Brighton,

Hollywood and Tampa reservations)

Georgia

State-RecognizedGeorgia Tribe of Eastern CherokeeLower Muscogee Creek TribeCherokee of Georgia Tribal Council

Idaho

Federally RecognizedCoeur D’Alene TribeKootenai TribeNez Perce TribeShoshone-Bannock Tribes

Iowa

Federally RecognizedSac & Fox Tribe of the Mississippi

Kansas

Federally RecognizedIowa Tribe (Kansas and Nebraska)Kickapoo Tribe of IndiansPrairie Band of Potawatomi IndiansSac and Fox Nation of Missouri (Kansas and

Nebraska)

Louisiana

Federally RecognizedChitimacha TribeCoushatta TribeJena Band of Choctaw IndiansTunica-Biloxi Indian Tribe

State-RecognizedCaddo Indian TribeChoctaw-Apache of EbarbClifton ChoctawLouisiana ChoctawUnited Houma Nation

Maine

Federally RecognizedAroostook Band of Micmac IndiansHoulton Band of Maliseet IndiansPassamaquoddy TribePenobscot Tribe

Massachusetts

Federally RecognizedWampanoag Tribe of Gay Head (Aquinnah)

State-RecognizedHassanamisco

Appendix E



Michigan

Federally RecognizedBay Mills Indian Community of the Sault Ste.

Marie Band of Chippewa IndiansGrand Traverse Band of Ottawa and Chippewa

IndiansHannahville Indian CommunityHuron Potawatomi, Inc.Keweenaw Bay Indian Community of L’Anse and

Ontonagon Bands of Chippewa IndiansLac Vieux Desert Band of Lake Superior

Chippewa IndiansLittle River Band of Ottawa IndiansLittle Traverse Bay Bands of Odawa IndiansMatch-she-be-nash-she-wish Band of

Pottawatomi Indians of Michigan (GunLake Band)

Pokagon Band of Potawatomi IndiansSaginaw Chippewa Indian TribeSault Ste. Marie Tribe of Chippewa Indians

State-RecognizedBurt Lake Band of Ottawa and Chippewa

IndiansGun Lake Band of Grand River Ottawa IndiansSwan Creek Black River Confederated Ojibwa

TribesGrand River Band of Ottawa Indians

Minnesota

Federally RecognizedLower Sioux Indian Community of MinnesotaMdewakanton Sioux IndiansMinnesota Chippewa Tribe (Six component

reservations: Bois Forte Band [Nett Lake],Fond du Lac Band, Grand Portage Band,Leech Lake Band, Mille Lacs Band andWhite Earth Band)

Prairie Island Indian Community of MinnesotaMdewakanton Sioux IndiansRed Lake Band of Chippewa IndiansShakopee Mdewakanton Sioux Community

(Prior Lake)Upper Sioux Indian Community

Mississippi

Federally RecognizedMississippi Band of Choctaw Indians

Missouri

State-RecognizedNorthern CherokeeChickamauga Cherokee

Montana

Federally RecognizedAssiniboine and Sioux TribesBlackfeet TribeChippewa-Cree IndiansConfederated Salish and Kootenai TribesCrow TribeFort Belknap Indian CommunityNorthern Cheyenne Tribe

Nebraska

Federally RecognizedIowa Tribe (Kansas and Nebraska)Omaha TribePonca TribeSac and Fox Nation of Missouri (Kansas and

Nebraska)Santee Sioux TribeWinnebago Tribe

Nevada

Federally RecognizedConfederated Tribes of the Goshute Reservation

(Nevada and Utah)Duckwater Shoshone TribeEly Shoshone TribeFort McDermitt Paiute and Shoshone Tribes

(Nevada and Oregon)Fort Mojave Indian Tribe (Arizona, California

and Nevada)Las Vegas Tribe of Paiute Indians of the Las

Vegas Indian Colony

63


Lovelock Paiute Tribe of the Lovelock IndianColony

Moapa Band of Paiute IndiansPaiute-Shoshone TribePyramid Lake Paiute TribeReno-Sparks Indian ColonyShoshone-Paiute TribesSummit Lake Paiute TribeTe-Moak Tribes of Western Shoshone Indians

(Four constituent bands: Battle Mountain,Elko, South Fork and Wells)

Walker River Paiute TribeWashoe Tribe (Nevada and California) (Carson

Colony, Dresslerville Colony, WoodfordsCommunity, Stewart Community andWashoe Ranches)

Winnemucca Indian ColonyYerington Paiute TribeYomba Shoshone Tribe

New Jersey

State-RecognizedRankokus

New Mexico

Federally RecognizedJicarilla Apache TribeMescalero Apache TribeNavajo Nation (Arizona, New Mexico and

Utah)Pueblo of AcomaPueblo of CochitiPueblo of JemezPueblo of IsletaPueblo of LagunaPueblo of NambePueblo of PicurisPueblo of PojoaquePueblo of San FelipePueblo of San JuanPueblo of San IldefonsoPueblo of SandiaPueblo of Santa AnaPueblo of Santa Clara

Pueblo of Santo DomingoPueblo of TaosPueblo of TesuquePueblo of ZiaUte Mountain Tribe (Colorado, New Mexico

and Utah)Zuni Tribe

New York

Federally RecognizedCayuga NationOneida NationOnondaga NationSeneca NationSt. Regis Band of Mohawk IndiansTonawanda Band of Seneca IndiansTuscarora Nation

State-RecognizedPoospatuckShinnecock

North Carolina

Federally RecognizedEastern Band of Cherokee Indians

State-RecognizedCoharieHaliwa-SaponiLumbeeMeherrinWaccamaw-Siouan

North Dakota

Federally RecognizedSpirit Lake Tribe (formerly known as the Devil’s

Lake Sioux Tribe)Standing Rock Sioux Tribe (North and South

Dakota)Three Affiliated Tribes of the Fort Berthold

ReservationTurtle Mountain Band of Chippewa Indians

Appendix E



Oklahoma

Federally RecognizedAbsentee-Shawnee Tribe of IndiansAlabama-Quassarte Tribal TownApache TribeCaddo Indian TribeCherokee NationCheyenne-Arapaho TribesChickasaw NationChoctaw NationCitizen Potawatomi NationComanche Indian TribeDelaware Tribe of IndiansDelaware Tribe of Western OklahomaEastern Shawnee TribeFort Sill Apache TribeIowa TribeKaw NationKialegee Tribal TownKickapoo TribeKiowa Indian TribeMiami TribeModoc TribeMuscogee (Creek) NationOsage TribeOttawa TribeOtoe-Missouria TribePawnee Indian TribePeoria TribePonca TribeQuapaw TribeSac and Fox NationSeminole NationSeneca-Cayuga TribeThlopthlocco Tribal TownTonkawa TribeUnited Keetoowah Band of Cherokee IndiansWichita and Affiliated Tribes (Wichita, Keechi,

Waco and Tawakonie)Wyandotte Tribe

Oregon

Federally RecognizedBurns Paiute TribeConfederated Tribes of the Coos, LowerUmpqua and Siuslaw IndiansConfederated Tribes of the Grand Ronde

CommunityConfederated Tribes of the Siletz ReservationConfederated Tribes of the Umatilla ReservationConfederated Tribes of the Warm Springs

Reservation Coquille TribeCow Creek Band of Umpqua IndiansFort McDermitt Paiute and Shoshone Tribes

(Nevada and Oregon)Klamath Indian Tribe

Rhode Island

Federally RecognizedNarragansett Indian Tribe

South Carolina

Federally RecognizedCatawba Indian Nation (Catawba Tribe)

South Dakota

Federally RecognizedCheyenne River Sioux TribeCrow Creek Sioux TribeLower Brule Sioux TribeOglala Sioux TribeRosebud Sioux TribeSisseton-Wahpeton Sioux TribeStanding Rock Sioux Tribe (North Dakota and

South Dakota)Yankton Sioux Tribe

Texas

Federally RecognizedAlabama-Coushatta TribesKickapoo Traditional TribeYsleta Del Sur Pueblo

65


Utah

Federally RecognizedConfederated Tribes of the Goshute

Reservation (Nevada and Utah)Navajo Nation (Arizona, New Mexico and

Utah)Northwestern Band of Shoshoni Nation

(Washakie)Paiute Indian TribeSkull Valley Band of Goshute IndiansUte Indian Tribe of the Uintah and Ouray

ReservationUte Mountain Ute Tribe (Colorado,

New Mexico and Utah)

Virginia

State-RecognizedEastern ChickahominyChickahominyMattaponiMonacanNansemondPamunkeyRappahannockUpper Mattaponi

Washington

Federally RecognizedConfederated Tribes of the Chehalis

ReservationConfederated Tribes of the Colville

ReservationConfederated Tribes and Bands of the Yakama

Indian NationHoh Indian TribeJamestown S’Klallam TribeKalispel Indian CommunityLower Elwha Tribal CommunityLummi TribeMakah Indian TribeMuckleshoot Indian TribeNisqually Indian TribeNooksack Indian Tribe

Port Gamble Indian CommunityPuyallup TribeQuileute TribeQuinault TribeSamish Indian TribeSauk-Suiattle Indian TribeShoalwater Bay TribeSkokomish Indian TribeSnoqualmie Indian TribeSpokane TribeSquaxin Island TribeStillaguamish TribeSuquamish Indian TribeSwinomish IndiansTulalip TribesUpper Skagit Indian Tribe

Wisconsin

Federally RecognizedBad River Band of the Lake Superior Tribe of

Chippewa IndiansForest County Potawotomi CommunityHo-Chunk Nation (formerly known as the

Wisconsin Winnebago Tribe)Lac Courte Oreilles Band of Lake Superior

Chippewa IndiansLac du Flambeau Band of Lake Superior

Chippewa IndiansMenominee Indian TribeOneida TribeRed Cliff Band of Lake Superior Chippewa

IndiansSokaogon Chippewa Community of the Mole

Lake Band of Chippewa IndiansSt. Croix Chippewa IndiansStockbridge-Munsee Community of Mohican

Indians

Wyoming

Federally RecognizedArapahoe TribeShoshone Tribe

Appendix E

67


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Canby, William C. American Indian Law in a Nutshell. St.Paul, Minn.: West Publishing Company, 1998.

Case, David S. Alaska Natives and American Laws. Fairbanks:University of Alaska Press, 1984.

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69
