What Is Native Peoples Law?

Due to tribal sovereignty, indigenous people in the United States have many separate laws from traditional government laws. For example, Native American tribes often have treaties with state and federal governments, allowing them to govern their own people. According to the Bureau of Indian Affairs (BIA), there are 574 distinct native tribes in the United States.

The U.S. Government Accountability Office’s (GAO) 2022-2027 Strategic Plan states that Congress and many federal agencies strive to ensure the “well-being and financial security of Americans.” This commitment extends to all federally recognized tribes throughout the nation.

According to the GAO, tribal nations can establish their own governments. They also have the right to determine citizenship for their tribes. As part of the tribal agreements, tribal governments have the power to make and enforce their tribal laws in tribal court. Tribal leaders also have the right to preserve their cultural, ethnic, and linguistic identity.

When questions arise about tribal rights, citizenship, governance, or services, support from a native poeples attorney can be essential. They can guide you through tribal court procedures, interpret sovereignty issues, and address disputes that involve overlapping tribal, federal, and state authority.

This article explains native peoples law and related legal issues that may require legal help. You’ll also learn how attorneys specializing in this area of law can support you, and where to find a qualified legal professional near you.

Definition of Native Peoples Law

Native Peoples Law governs all Native Americans, Native Hawaiians, and Alaska Natives living in the United States. Few law schools cover this area of law. Unless a law student decides to specialize in this area of study, they may not understand the complex legal issues Native American communities face.

Multiple legal structures govern Native Americans. First, each tribe may create and enforce its tribal law. The federal government issued several statutes and treaties that affect the services to people on Native American reservations. Some states may also impose some restrictions on Native Americans.

How To Find an Attorney With Experience in Native Peoples Law

The American Bar Association doesn’t discuss native peoples law often. It can be challenging to find advocacy for indigenous people. This doesn’t mean that there aren’t non-Indian attorneys who advocate on behalf of Native Americans and other tribal communities. It just means that you must be careful when seeking legal advice.

You can always ask the state bar for a referral for an attorney specializing in federal Indian law and policy. You may also seek out help from your local Legal Aid office.

FindLaw’s directory of native peoples attorneys can also help you find legal assistance. Start by entering your location for a list of qualified attorneys near you. Your search results will also show ratings and contact information.

How Can a Native Peoples Attorney Help?

Lawyers who are experts in native peoples law handle various issues. Many work directly for the tribes or the state where the reservation is located. For example, many Native Americans live in California, Oklahoma, and Arizona. It may be easier to find legal help for native peoples issues there.

Attorneys who specialize in this area of law help Native Americans find work. They also help clients set up businesses, deal with people living on the reservation, or help the state enforce laws that apply to Native Americans.

Some lawyers work within the tribes and help members resolve internal disputes or access government services. Unfortunately, some Indian reservations are in remote areas, and tribal members may face significant economic and geographic barriers. It can be difficult for many to access low-cost legal assistance. Many also have trouble getting essential legal services.

If you need help resolving a tribal issue or feel someone has violated your tribal rights, a native peoples lawyer can review your case and advise on how best to proceed.

Native Peoples Law: Related Practice Areas

• International law: Tribes are “sovereign governments” that live within the United States. As such, treaties contain the federal laws that govern Native Americans.
• Municipal law: Many tribes operate very similarly to cities on U.S. soil and must create ordinances for taxes, business licenses, police, and other essentials.
• Business law: When Native Americans create businesses and market to people outside the reservation, their businesses must comply with applicable state and federal laws.
• Land use law: The federal government sets aside land specifically for Native American use.
• Estate planning: Native Americans are subject to different estate laws than other American citizens.

Legal Resources for Native Americans

• Native American Rights Fund: Request Legal Assistance
• Indian Law Resource Center
• Tribal Civil and Criminal Legal Assistance (TCCLA) Program
• National Indian Law Library
• Civil Rights and American Indians: History and Law
• Protecting the Civil Rights of American Indians and Alaska Natives