State and Tribes Building New Traditions Series: Homeland Security and Indian Country

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.

Homeland Security and Indian Country

By Catherine Chan and Sia Davis
March 2005

Since the terrorist attacks of September 11, 2001, many federal and state laws have been implemented to establish and reinforce security mechanisms to protect the nation. One of the most important laws-the Homeland Security Act of 2002 (the act)-established the Department of Homeland Security (DHS). The act designates the DHS as the lead agency responsible for protecting the country from terrorism through communication, counterterrorism and emergency preparedness. As important and instrumental as these measures are in protecting the country, a shortcoming remains in the system that potentially could compromise national security. This shortcoming involves American Indian tribal involvement in homeland security measures.

This report examines first the act in general and then as it currently applies to Indian tribes. A discussion follows of the history of tribal relations with the federal government and with state governments, which delineates important departures from historical precedent in the treatment of tribes under the Homeland Security Act. Finally, current and pending measures to address the tribal role in the homeland security capacity are discussed, with policy options for future consideration and collaboration. 2005, 14 pages.

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