State-Tribal Relations
 States and Tribes Building New Traditions Series
This publication is a product of the State-Tribal Relations Project, a partnership between the National Conference of State Legislatures and the National Congress of American Indians. The NCSL State-Tribal Relations Project policy series is designed to help legislators and tribal leaders gain a greater understanding of the issues affecting each constituency and to identify methods for cooperative policymaking in an issue-specific context.
Improving State Tribal Relations
An Introduction
By Sia Davis and Aura Kanegis
September 2004
Introduction
To address the challenges posed by evolving relations between states and tribes, the National Conference of State Legislatures (NCSL) and the National Congress of American Indians (NCAI) have collaborated on a project to improve state-tribal relations in policymaking on critical public policy issues. The project involves educational forums, development of materials and sharing of models of cooperation to the benefit of both governments.
Thirty-seven of the 50 states are home to two independent governments - state governments and Native American tribal governments - that strive to provide for and protect their respective constituencies and to coexist with each other. State governments are granted the right to govern themselves in the U.S. Constitution. American Indian and Alaska Native tribes maintain inherent self-governance authority that predates the existence of the United States and is affirmed by the U.S. Constitution. Historically, state governments had no role with respect to tribal lands, and tribes operated in a "government-to-government" relationship with the federal government alone. Over time, however, state and tribal governments have been given powers that previously belonged only to the federal government, a practice called devolution. Under devolution, newly acquired authority and resources for specific programs have been passed from the federal level to states and tribes, making them responsible for implementation. With these shifting relationships and responsibilities, tension between state and tribal governments has risen in a range of issues, including service delivery, law enforcement jurisdiction, and taxation issues. These differences involve conflicting state and tribal jurisdictions, and they are resolved either through the court system, legislation or direct negotiations.
During the past few decades, tribal governments significantly strengthened their governmental capacity and have increasingly exercised authority over affairs in their own communities. In this increasingly complex landscape of service delivery and funding arrangements, intergovernmental coordination has become paramount to ensuring that the needs of state and tribal citizens are met. A major step to successful and effective government-to-government relations between states and tribes is the mutual recognition of each others' sovereign governmental rights. On this foundation of respect, increased education, understanding and cooperation on both sides ultimately with help both states and tribes forge cooperative efforts that benefit all state and tribal citizens.
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