State & Local Government
In this Section
Tribes’ primary government-to-government relationship is with the U.S. federal government; however, states frequently oversee projects and make policy decisions affecting tribes in their areas. To work successfully with tribes, state government agencies need to understand how their projects fit into the bigger picture of tribes’ federal relationships and collaborations. In addition, state and local governments must understand the importance of respecting and acknowledging tribal sovereignty by following agreed on consultation processes.
Key Concepts
Sovereignty refers to tribes’ right to govern themselves. As sovereign nations, tribes have the ability to make and enforce laws, and set policy relating to their members and lands.
Tribal sovereignty is recognized in federal law as an inherent right—one that goes back to the beginning of history and can’t be given or taken away, rather than a right given by the U.S. government or federal law.
Tribal governments are administratively equivalent to the U.S. federal government. Therefore, tribes and the federal government have a government-to-government relationship. In practice, this means that any policy decisions affecting a tribe must be negotiated and coordinated with the tribal government.
The federal trust responsibility refers to the legally enforceable promises that the U.S. government made in treaties with federally recognized Indian tribes. Tribes gave up lands in return for certain safeguards for their members, and the government is still responsible for providing these protections and services. Health care is part of the federal trust responsibility.