Research Reports
Reflections on Traditional American Indian Ways, 1998
Threats to Tribal Sovereignty, 1998
Traditional American Indian Leadership: A Comparison with U.S. Governance, 1997
Key Findings
- Attempts at assimilation of American Indians continues through subtle
legal and political tactics of interest groups, states, and the federal
government.
- States are leading entities in attacking Indian sovereignty. An example
of the breadth of the areas for attacks include the following:
-
Diminished Reservation Boundaries: Hagen v. Utah (1997)
is one case states will be using to pursue the land base of tribes
in the future.
Civil Claims: Status of off-reservation Indian commercial activity will continue to be challenged through civil cases.
Taxation: Targets for taxation, namely gaming revenues, are being pursued both legally and publicly through the media. Examples include a 16% tax negotiated in the recent gaming compact for the Navajo Nation and New Mexico and the targeting of casino revenues to finance a sports facility in Minnesota.
Tribal Membership: Challenges to the Indian Child Welfare Act to impose a standard designated criteria of "Indianness" have been made by states at the Congressional level.
Hunting and Fishing: Many states are arguing interpretation of treaty language in an attempt to impose state regulations on Indian tribes in the name of environmental protection.
Criminal Jurisdiction: Public Law 280: States are attempting to extend their jurisdiction under Public Law 280 and expand civil and regulatory power in Indian Country.
- The lower courts are increasingly the first place for attack by anti-Indian
groups and state and local governments due to the accessible nature
of these courts and to the general lack of understanding of Indian sovereignty
by judges and lawyers.
- The legal pendulum is swinging from courts being more favorable toward
Indians in the 1960s and 1970s to being less favorable in the 1990s
toward tribes in their decision-making.
- The appeals process is costly and time consuming, thereby depleting
resources for tribes engaged in legal battles.
- The trust relationship between tribes and the U.S. government is being
challenged and dismantled through welfare reform measures and the devolution
of social programs from the federal level to the state level.
- Continuing threats to tribal sovereignty are being identified everyday through Indian media sources and groups monitoring legal and policy developments.
The
Well-Being of American Indian Children in Minnesota: Economic Conditions,
1994
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