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, a combination of laws applies to them. These laws include:
1. Federal Law: Federal law, including the United States Constitution, applies to members of a tribe on a federal Native American reservation. This means that federal criminal laws, civil laws, and regulations apply to all individuals, including tribal members, within the reservation boundaries.
2. Tribal Law: Tribal law is also applicable within the reservation. Each tribe has its own tribal laws and codes, which are enacted and enforced by the tribal government. These laws often include regulations related to tribal governance, land use, business operations, and other matters specific to the tribe.
3. Indian Civil Rights Act (ICRA): ICRA is a federal law that applies specifically to Native Americans living on reservations. It provides certain basic civil rights protections to tribal members, such as freedom of speech, assembly, and religion, as well as protections against double jeopardy and excessive bail.
4. Major Crimes Act: The Major Crimes Act is a federal law that grants jurisdiction to federal authorities over major crimes committed by Native Americans on tribal lands. It allows federal prosecution for offenses such as murder, manslaughter, , and certain other serious crimes, regardless of whether the defendant or victim is Native American.
5. Indian Child Welfare Act (ICWA): ICWA is a federal law aimed at preserving Native American culture and promoting the stability and security of Indian tribes and families. It applies to child custody proceedings involving Native American children, establishing certain standards for placement and providing tribes with a voice in decisions affecting their children.
It is essential to note that the laws and jurisdictional complexities can vary depending on specific agreements and circumstances. Additionally, state laws may still apply to non-tribal members on reservations, particularly in areas such as traffic regulations and contract law.