Land/Jurisdiction

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Indian Country Today Article

How Tribes Can Prepare for Tribal Sovereignty Blow From Supreme Court

In the first part of this two-part series, we provided a short history of the upcoming U.S. Supreme Court case State of Michigan v. Bay Mills Indian Community, discussed its relevance to the sustainability of the legal doctrine of tribal sovereign immunity, and detailed two potential outcomes of…

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Indian Country Today Article

Will the Supreme Court Use Bay Mills Case to Blow Up Tribal Sovereignty?

As regular visitors to this site and other Indian country media outlets no doubt have seen in recent weeks, Native nation leaders, tribal attorneys, and federal Indian law practitioners alike are gravely concerned about a case currently pending before the Supreme Court: State of Michigan v. Bay…

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Hopi Revises Criminal Code, Regains Sovereignty

Hopi Revises Criminal Code, Regains Sovereignty

Crime rates in Indian Country are more than twice the national average. But for decades antiquated criminal codes have limited what tribal courts could do. For example, crimes like child abuse and sexual assault didn’t exist on the books. And, tribal judges couldn’t sentence a defendant to more…

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American Indian tribe OKs same-sex marriage, lets gay couple wed

American Indian tribe OKs same-sex marriage, lets gay couple wed

The head of an American Indian tribe in Michigan signed a law approving same-sex marriage on Friday, joining at least two other tribes nationwide in doing so, then immediately wed a gay couple who had been together for 30 years but never thought they would see this day come...

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A ‘historic day’ at pueblo

A 'historic day' at pueblo

Secretary of Interior Ken Salazar called it a “historic day” as he signed regulations at Sandia Pueblo on Thursday morning that will allow the tribe to lease land without federal approval. The pueblo is only the second tribe in the country to take advantage of a law, called the HEARTH Act (Helping…

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Indian Country Today Article

Navigating VAWA's New Tribal Court Jurisdictional Provision

President Obama signed into law the reauthorization of the Violence Against Women Act (VAWA), a federal statute that addresses domestic violence and other crimes against women. As initially conceived in 1994, VAWA created new federal crimes and sanctions to fill in gaps, provided training for…

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Where Tribal Justice Works

Where Tribal Justice Works

In 2011, a man in northeastern Oregon beat his girlfriend with a gun, using it like a club to strike her in front of their children. Both were members of the Confederated Tribes of the Umatilla Indian Reservation. The federal government, which has jurisdiction over major crimes in Indian Country,…

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Mohawk Council of Akwesasne and Federal Bridge Corporation Limited Sign Memorandum of Understanding for North Channel Bridge

Mohawk Council of Akwesasne and Federal Bridge Corporation Limited Sign Memorandum of Understanding for North Channel Bridge

The Mohawk Council of Akwesasne (MCA) announced that it has entered into a Memorandum of Understanding (MOU) with the Federal Bridge Corporation Limited (FBCL) for a new bridge that will cross the North Channel of the St. Lawrence River between Kawehnoke (Cornwall Island) and the City of Cornwall.…

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The Pueblo of Sandia’s leasing regulations and what businesses need to do to enter into leases

The Pueblo of Sandia's leasing regulations and what businesses need to do to enter into leases

The Pueblo of Sandia ("Pueblo") was the first tribe in New Mexico, and the second in the United States, to receive approval by the Secretary of the Interior for its tribal leasing regulations promulgated under the Helping Expedite and Advance Responsible Tribal Homeownership ("HEARTH") Act…

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A New Shoreline Tribal Park

A New Shoreline Tribal Park

The 87 acres at Frog Bay in Wisconsin recently designated as a park offer views of five Apostle Islands, pristine sandy beaches at the top of Bayfield Peninsula and a rare opportunity for the public to visit tribally owned and protected lands. Frog Bay Tribal National Park was created when the Red…

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Indian Country Today Article

Advancing the State-Tribal Consultation Mandate

This summer, in the face of an impending private land sale of Pe’Sla, a Lakota/Dakota/Nakota Indian sacred site in the Black Hills, the United Nations Special Rapporteur on the Rights of Indigenous Peoples, S. James Anaya, directed that authorities in South Dakota “engage in a process of…

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A Place Called Poarch Podcast

A Place Called Poarch Podcast

The Poarch Creek Indians produced a 24-episode podcast (March 2022-December 2023) covering a variety of nation-building topics including tribal lands, sovereignty, property rights, and more.

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Tribal Land Leasing: Opportunities Presented by the HEARTH Act and Amended 162 Leasing Regulations

Tribal Land Leasing: Opportunities Presented by the HEARTH Act and Amended 162 Leasing Regulations

This NCAI webinar discussed amendments to the Department of the Interior's 162 leasing regulations as well as practical issues for tribes to consider when seeking to take advantage of the HEARTH Act (Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012)...

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Tribal Sovereignty Special

Tribal Sovereignty Special

What does tribal sovereignty mean in Alaska? KNBA's Joaqlin Estus talks with two experts about the legal basis for tribal sovereignty, and tribal judicial systems at work in Alaska. Hear about a court ruling that Alaska tribes can put land into trust status, tax-free and safe from seizure...

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Lets Talk Native with John Kane

The Legacy of the Doctrine of Discovery

Let's Talk Native Radio program host John Kane discusses the implications of asserting the Doctrine of Discovery on Native lands and the role that treaties play in recognizing and affirming the inherent sovereignty of Native nations. 

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Tribal Constitutions

Tribal Constitutions

Modern tribal nations pass laws, exercise criminal jurisdiction, and enjoy extensive powers when it comes to self-governance and matters of sovereignty. And of 566 tribal nations, just under half have adopted written constitutions. In the American tradition, a constitution limits the power yielded…

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Native America Calling VAWA 2 Years Later

VAWA 2 Years Later

It’s been just over 2 years since Congress reauthorized the Violence Against Women Act. In February of last year, three tribes participated in a pilot project to exercise the special domestic violence criminal jurisdiction (SDVCJ) portion of the law. Under SDVCJ, some tribes can prosecute Natives…

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 KNOM Radio: Visa-Free Travel to Russia Reinstated for Eligible Alaska Natives

Visa-Free Travel to Russia Reinstated for Eligible Alaska Natives

The Bering Straits Regional Commission says travel restrictions for Alaska Natives to Chukotka have been lifted–leaving many with relatives on the Russian side of the strait feeling relieved, tired of being used as pawns in international disputes...

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Implementing VAWA's Expanded Jurisdiction in Our Tribal Courts

In coordination with the Tribal Law and Policy Institute, NCAI hosting this webinar on April 5, 2013. In this webinar, panelists discussed the Violence Against Women Act (VAWA) provisions that expands tribal court jurisdiction over all persons for certain crimes committed on the reservation.

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The Harvard Project on American Indian Economic Development and its Application to Canadian Aboriginal Business

This lecture is part of a course Stephen Cornell is teaching in Simon Fraser University's Executive MBA in Aboriginal Business and Leadership program. A panel of three joined Dr. Cornell in a discussion about the building of First Nation economies and the role citizen entrepreneurship can play in…