Institutional Relationships

State-Tribal Relations

Native American tribal governments are sovereign, self-governing entities. Much like state governments, tribal governments are responsible for the health, safety and welfare of their citizens and their communities. Tribal sovereignty pre-dates the formation of the United States and is recognized through the U.S. Constitution and numerous federal statutes and court cases. Tribal governments are on equal footing with state government and have a government-to-government relationship with federal government. The sovereignty of each entity necessitates a government-to-government relationship at the state and tribal levels as well.

States and tribes have adjacent jurisdictions, with some tribes crossing into the boundaries of more than one state. These bordering jurisdictions are a key reason why state-tribal relationships are necessary. In addition, services are now provided by tribal government to members and non-members who reside on or near the reservations. This makes coordination between state and tribal agencies and service providers essential. There also is an increasing desire to ensure that services provided to tribal members through state programs are culturally-competent in order to increase effectiveness. Finally, tribal citizens are also citizens of the state in which they reside. State legislators have a responsibility to provide for the well-being of all state citizens, tribal and non-tribal alike. The health and well-being of tribal citizens and tribal communities enhance the overall health of a state. In short, strong tribes contribute to strong states.

Intergovernmental agreements and state-tribal compacts are one tool in promoting positive state-tribal relationships and fostering collaborative policy development. There are many policy issues and aspects of Indian law that require a high degree of state-tribal cooperation. The Indian Child Welfare Act (ICWA), taxation, public safety, emergency response and criminal jurisdiction and law enforcement are some of the key areas that can benefit from formalized agreements. Much as interstate agreements allow for government-to-government cooperation, state-tribal agreements accomplish the same end. This type of state-tribal cooperation allows the parties to tailor policy solutions to local situations while respecting state and tribal sovereignty. Consultation and cooperation through the agreement/compact negotiation and formation process can help policymakers avoid legislation that produces unintended consequences and spare the parties the potential costs of litigation.

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