Which laws apply to members of a tribe when they are on a federal native American reservation?
When members of a tribe are on a federal Native American reservation, several laws apply to them. These laws encompass a combination of federal and tribal legislation. The primary laws that apply include:
1. Tribal Law: Tribal governments have the authority to enact laws and regulations within their reservations. These laws typically govern tribal membership, civil matters, criminal offenses committed by tribal members against tribal members, property rights, and other aspects of tribal life. Tribal laws can vary significantly between different tribes.
2. Federal Law: Certain federal laws apply to Native American reservations, including but not limited to:
a. Major Crimes Act: This law gives the federal government jurisdiction to prosecute certain major crimes committed by Native Americans within tribal territories. These crimes typically include serious offenses such as murder, , and assault.
b. Indian Civil Rights Act: This law ensures basic civil rights protections for Native Americans living on reservations, such as due process, freedom of speech, and freedom of religion.
c. Indian Child Welfare Act: This law establishes guidelines to preserve Native American families and culture in child custody proceedings.
d. Environmental Laws: Federal laws such as the Clean Air Act, Clean Water Act, and others apply equally to Native American reservations, ensuring environmental protection and regulations.
e. Other Federal Laws: Various federal laws, including labor laws, housing laws, and social welfare laws, also apply to members of tribes on reservations.
3. Federal-Tribal Agreements: In some cases, tribes and the federal government may form agreements or compacts, known as "intergovernmental agreements," to address specific matters on reservations. These agreements clarify the application of laws, resource management, taxation, and jurisdictional issues between tribes and the federal government.
It is important to note that the relationship between federal and tribal law can be complex, and there may be overlaps or conflicts. Additionally, state laws generally do not apply to reservations unless expressly authorized by federal law or a specific agreement between the tribal and state governments.