Tribal Sovereignty Protection Initiative

The United States Supreme Court issued five decisions affecting the rights of Indian tribes in its recent term that ended on Jun 28, 2001. The Court decided against the tribes in four out of five instances. In particular, the decisions in Nevada v. Hicks and Atkinkson Trading Co. v. Shirley raise strong concerns that the Supreme Court is on an accelerating trend toward removing tribal jurisdiction over the conduct of non-Indians within tribal territory.

Even as tribal governments have made significant strides in reasserting their rights to govern, over the last twenty years Supreme Court decisions, such as Montana v. U.S., Brendale v. Yakama Nation, Oliphant vs. Suquamish Indian Tribe, and Strate v. A-1 Contractors have significantly limited the civil and criminal jurisdiction of tribal governments over events that occur within their territorial boundaries. The most recent Supreme Court cases make it clear that tribal governments are in an increasingly defensive posture in the federal courts, and it is likely that the upcoming years will prove to be even more damaging if this defensive posture is maintained. In the long term, this erosion of jurisdiction threatens to make tribal governments ineffective in protecting the cultural identities of their communities.

On September 11, 2001, tribal leaders from across the country met in Washington, DC, to discuss these recent court decisions. They reached consensus to mount an organized effort to halt and reverse the Supreme Court's erosion of tribal sovereignty. The Sovereignty Protection Initiative will:

• Develop federal legislation to reaffirm tribal jurisdiction
• Form a Supreme Court project to support and coordinate tribal advocacy before the Supreme Court
• Promote strategies for tribal governance that will Protect tribal jurisdiction
• Increase tribal participation in the selection of the federal judiciary
• Develop a media and advocacy strategy to inform Congress, the public, and tribal leadership about tribal governance and that will promote the overall initiative
• Implement a fundraising campaign to support NCAI and NARF and their related expenses in promoting the initiative

Documents

• NCAI Letter Urging the Senate to Reject the Myers Nomination
• Brief for Amici Curiae NCAI, NIGA, and Individual Tribes in Support of Respondents
• November 15 Bill Draft: To affirm the government-to-government relationship between the United States and Indian tribes, to affirm the inherent sovereign authority of Indian tribes, to enhance tribal economic development, and for other purposes
• Tribal Sovereignty Protection Initiative
• Concept Paper: 2003 Legislative Proposal on Tribal Governance and Economic Enhancement
• Resolution #SD-02-005: To Amend the July 25,2002 Tribal Sovereignty Protection Bill Draft to Protect Tribal Traditional and Customary Governance
• Resolution #SD-02-105: Continued Support for a Legislative Process to Address Tribal Concerns over Recent U.S. Supreme Court Decisions Involving Tribal Jurisdiction as Part of the National Tribal Sovereignty Protection Initiative
• Summary of September 11, 2001, Tribal Leaders Forum, "Nevada v. Hicks and the Supreme Court's Erosion of Tribal Jurisdiction"

Sovereignty Run

• Senate Majority Leader Thomas Daschle Addresses Rally for Tribal Sovereignty (10/07/2002)
• Number of Participating American Indian Tribes Grows as Sovereignty Run Draws Closer to Washington, D.C. (10/04/2002)
• Inter-Tribal Cross Country Sovereignty Run Arrives in Wisconsin (09/27/2002)
• Cross Country Sovereignty Run Making Its Way Across Minnesota (09/26/2002)
• Cross Country Sovereignty Run Races Across Wyoming, South Dakota Next Stop (09/20/2002)
• Cross Country Sovereignty Run Charging Through Montana (09/17/2002)
• Sovereignty Run to Begin Wednesday, Sept. 11 on the Quinault (Wash.) Indian Reservation (09/10/2002)
• Native American Runners Set Out Cross Country On Sovereignty Run Relay (09/04/2002)

Supreme Court's 2000-2001 Decisions

For more information about the Supreme Court's 2000-2001 decisions affecting tribal governments, see our brief review (link to background.pdf) of the Court's term. If you would like to review the full text of the decisions, we have made them available below.

• Nevada v. Hicks
• Atkinson Trading Company v. Shirley
• C&L Enterprises v. Citizen Band of Potawatomi Indian Tribe of Oklahoma
• Interior Department v. Klamath Water Users Protective Association
• Idaho v. U.S.

Links

• The American Indian and Alaska Native Sovereignty Run
• Native American Rights Fund
• National Indian Court Judges Association
• U.S. Supreme Court

National Congress of American Indians (NCAI)
1516 P Street NW, Washington, DC 20005
Phone: (202) 466-7767, Fax: (202) 466-7797
Email: ncai@ncai.org

Copyright © 2001-2009 National Congress of American Indians