Isabella Carter
Indian reservations are areas of land held and governed by federally recognized Native American tribes. The tribal council generally has jurisdiction over the reservation, not the U.S. state it is located in, and each tribe determines whether an individual is eligible for membership. But does birth on a reservation automatically make someone a member?
| Characteristics | Values |
|---|---|
| Number of Federally Recognized Tribes | 574 |
| Number of Reservations | 326 |
| Total Area of All Reservations | 56,200,000 acres (22,700,000 hectares; 87,800 sq. mi; 227,000 sq. km) |
| Percentage of Total Area of the US Covered by Reservations | 2.3% |
| Size of the Largest Reservation (Navajo Nation Reservation) | Similar to the state of West Virginia |
| Number of Reservations Larger than the State of Rhode Island | 12 |
| First Reservation | Brotherton Indian Reservation, established in 1758 |
| Governing Body | Tribal council |
| Jurisdiction | Federal law and tribal council |
| Membership Criteria | Tribal blood quantum, tribal residency, continued contact with the tribe, etc. |
| Tribal Government Powers | Forming their own governments, making and enforcing laws, taxing, establishing and determining membership, licensing and regulating activities within their jurisdiction, zoning, and excluding persons from tribal lands |
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What You'll Learn
Tribal sovereignty and self-government
The first treaty signed between the United States and a Native American tribe was with the Delaware Indians in 1783. The US Supreme Court Chief Justice John Marshall articulated the fundamental principle that tribes possess a nationhood status and retain inherent powers of self-government. The Marshall Trilogy is a set of three Supreme Court decisions in the early nineteenth century affirming the legal and political standing of Indian nations.
Tribes possess all powers of self-government except those relinquished under treaty with the United States, those expressly extinguished by Congress, and those that federal courts have ruled are subject to existing federal law or inconsistent with overriding national policies. Tribes have the right to form their own governments, make and enforce laws, tax, establish and determine membership, license and regulate activities within their jurisdiction, zone, and exclude persons from tribal lands.
Federally recognized tribes are generally not subordinate to states and can have a government-to-government relationship with them. They possess the right and authority to regulate activities on their lands independently from state government control and can enact and enforce stricter or more lenient laws and regulations than those of the surrounding or neighboring states.
Tribal sovereignty is dependent on, and subordinate to, only the federal government, not states, as per Washington v. Confederated Tribes of Colville Indian Reservation (1980). Tribes are sovereign over tribal members and tribal land, as affirmed in United States v. Mazurie (1975).
The Department of the Interior, as a trustee to Indian Tribes, continues to prioritize and reinforce Tribal sovereignty and self-determination, including protecting Indian territorial integrity and ensuring public safety across Indian country.
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Tribal membership criteria
The criteria for tribal membership vary from tribe to tribe and are typically set forth in tribal constitutions approved by the U.S. Bureau of Indian Affairs. The tribes establish membership criteria based on shared customs, traditions, language, and tribal blood. Two common requirements for membership are lineal descent from someone named on the tribe's base roll and a relationship to a tribal member who descended from someone named on the base roll. A "base roll" is the original list of members as designated in a tribal constitution or other document specifying enrollment criteria.
Other common conditions for tribal membership include tribal blood quantum, tribal residency, or continued contact with the tribe. Tribal blood quantum typically requires a certain degree of Indian blood, such as one-fourth Native American blood. This is established by tracing ancestry back through time to a relative or relatives on earlier tribal rolls or censuses that recorded the relative's proportion of Native American blood.
Tribes possess the right to form their own governments, make and enforce laws, tax, establish and determine membership, license and regulate activities within their jurisdiction, zone, and exclude persons from tribal lands. Tribal membership is typically required to receive benefits from either the tribe or the federal government, such as educational aid and healthcare.
In addition to meeting specific tribal membership criteria, individuals enrolled in federally recognized tribes may also receive a Certificate of Degree of Indian Blood (CDIB) from the Bureau of Indian Affairs. This certificate specifies an individual's degree of Indian blood and is used to recognize them as Native American.
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Tribal residency and citizenship
Tribes possess the right to form their own governments, make and enforce laws, tax, license and regulate activities within their jurisdiction, zone, and exclude persons from tribal lands. Tribal courts have civil jurisdiction over Indians and non-Indians who reside or do business on federal Indian reservations, and criminal jurisdiction over violations of tribal laws committed by tribal members residing or doing business on the reservation.
Federally recognized tribes are generally not subordinate to states and possess the right to regulate activities on their lands independently of state government control. They can enact and enforce laws and regulations that differ from those of the surrounding states, such as permitting casinos on reservations located within states that do not allow gambling.
The Bureau of Indian Affairs (BIA) is responsible for enhancing the quality of life, promoting economic opportunities, and carrying out federal responsibilities to protect and improve the trust assets of American Indians and Alaska Natives. The BIA provides support to tribal governments through self-governance agreements and works to strengthen tribal jurisdiction over civil and criminal matters.
In summary, tribal residency and citizenship are determined by each tribe's specific criteria, and tribes possess significant autonomy in governing their lands and establishing their membership, with limited intervention from federal and state governments.
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Tribal governments and their relationship with US states
The relationship between Tribal governments and US states is complex and filled with legal anomalies. Tribal governments are sovereign, and their sovereignty predates that of the United States. Tribal members generally define the conditions of membership, regulate domestic relations, levy taxes, and control the conduct of members. They also retain inherent powers of self-government, including the right to form their own governments, make and enforce laws, and establish tribal citizenship.
The US Constitution vests Congress with the authority to engage in relations with the tribes, placing tribes within the constitutional fabric of the US nation. The 1871 Act, affirmed by the US Supreme Court in 1886, further asserted that Congress has plenary power over all Native American tribes. The Dawes Act of 1887 broke up tribal lands, distributing them to Indian families or auctioning them off to white purchasers. Indians who accepted the farmland and became "civilized" were made American citizens.
While federally recognized tribes are generally not subordinate to states, they can have a government-to-government relationship with them. Federally recognized tribes possess the right and authority to regulate activities on their lands independently of state government control. They can enact and enforce laws and regulations that differ from those of the surrounding or neighboring states. For example, tribal laws can permit casinos on reservations located within states that do not allow gambling, thus attracting tourism.
Tribes frequently collaborate with states through compacts or other agreements on matters of mutual concern, such as environmental protection and law enforcement. The Federal Bar Association explains that the federal government has special obligations to protect tribal lands and resources, defend tribal rights to self-government, and provide services necessary for tribal survival. However, the history of the US government and sovereign Tribal nations has been fraught with mistrust and betrayal, and the US has failed to honor treaties and other legal agreements.
To improve relations, the US government must actively support tribal sovereignty and recognize the tribes' right to govern their own communities. Additionally, stronger relationships between Tribal governments and US agencies are important for Indigenous advocacy and stronger outcomes for Tribes.
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Tribal land and property rights
The tribal council generally has jurisdiction over Indian reservations, which are autonomous and not subject to the U.S. state government in which they are located. However, they are subject to federal law and regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs. The Bureau of Indian Affairs (BIA) works with the Division of Real Estate Services (DRES) to grant rights-of-way (ROW) over Indian land, which helps regulate the appropriate use and development of Native lands. While the BIA is rarely involved in enrollment and membership, tribes possess the right to establish and determine membership, or tribal citizenship.
Federally recognized tribes possess the right and authority to regulate activities on their lands independently of state government control. They can enact and enforce laws and regulations that differ from those of the surrounding or neighboring states. This includes the right to prescribe rules of inheritance for reservation property not in trust status and to regulate property under tribal jurisdiction.
The first Indian reservation was established in 1758, and most were established by the federal government. Historical land tenure policies, such as the "allotment" program, have resulted in a "checkerboard" of tribal lands, with some land held in trust by the government and other land held by individuals with full property rights. Native American households are estimated to be missing out on billions of dollars in land wealth due to a lack of basic property rights. Legal initiatives are underway to address these issues, such as the Uniform Partition of Heirs Property Act, which makes it more difficult to force the sale of property with multiple claimants.
The total area of all reservations in the United States is approximately 56,200,000 acres, or about 2.3% of the total area of the country. Reservations are unevenly distributed, with most located west of the Mississippi River. The largest reservation is the Navajo Nation Reservation, which is similar in size to the state of West Virginia.
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Frequently asked questions
Each tribe determines whether an individual is eligible for membership. Birth on an Indian reservation does not automatically constitute membership.
Conditions for membership are generally determined by the tribal council, which has jurisdiction over the reservation. Common conditions include tribal blood quantum, tribal residency, or continued contact with the tribe.
There are 574 federally recognized tribes in the United States, governing more than 326 Indian reservations.
Tribes possess all powers of self-government except those relinquished under treaty with the United States, expressly extinguished by Congress, or ruled by federal courts to be subject to existing federal law or inconsistent with overriding national policies.
The Bureau of Indian Affairs (BIA) is a federal agency that administers the regulations passed by Congress regarding Native American tribal nations. The BIA is rarely involved in enrollment and membership decisions, which are typically handled by the tribes themselves.
