Indigenous Governance Database
Governance
Pacific Northwest Salmon Habitat: The Culvert Cases and the Power of Treaties
American Indian tribes in the Pacific Northwest signed treaties with the federal government in the 1850’s that preserved their right to fish in their “usual and accustomed†fishing grounds. The tribes have had to continually fight to have this right recognized. U.S. v. Washington, 1974, the…
The Last Stand: the Quinault Indian Nation's Path to Sovereignty and the Case of Tribal Forestry
This case tells a story of forestry management policies on the Quinault Reservation. In the early years, the Office of Indian Affairs (OIA) and later the Bureau of Indian Affairs (BIA) acted like a landlord, allocating large timber sales to non-Indian timber companies. The Dawes Act fragmented the…
The Will of the People: Citizenship in the Osage Nation
This teaching case tells the story of Tony, one of nine Osage government reform commissioners placed in charge of determining the "will of the people" in reforming the government of the Osage Nation. Because of Congressional law the Osage Nation had been forced into an alien form of government for…
Back to the Bison Case Study Part II
After the Confederated Salish Kootenai Tribes (CSKT) made the decision to work towards signing a management agreement, they began discussions with United States Fish and Wildlife Service (USFWS) in 1994 to pursue the co-management and joint operation of the National Bison Range Complex (NBRC) which…
Back to the Bison Case Study Part I
Thirty years after taking over the reins of forestry, recreation, wildlife and other natural resource operations on their reservation lands, the Confederated Salish and Kootenai Tribes (CSKT) established a reputation for environmental leadership in wildlife, wilderness, recreation and co-management…
The Peoples' Forest: Emerging Strategies on the Mescalero Apache Forest Reserves
This case raises questions about how American Indian Tribes reshape the care of forests on Indian lands by coordinating science-based forestry methodology and traditional ecological knowledge to meet their goals. Working the case, students are challenged to look for ways that the Mescalero Apache…
![Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law](/sites/nnigovernance.arizona.edu/files/styles/resources/public/resources/Screen%2520Shot%25202016-10-11%2520at%25201.22.13%2520PM.png?itok=r-DrCTma "Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law")
Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law
At some point in my legal career, I recall becoming increasingly uncomfortable with the inconsistencies between the values in the written law of various indigenous nations and the values I knew were embedded in indigenous societies themselves. The two are not entirely in harmony, and in fact, in…
Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States
In the last few years, states and tribes have increasingly realized that state recognition can serve as an important, albeit limited, alternative to federal recognition. This realization is evidenced by the many states that have recently codified their state recognition processes or are planning to…
Why Treaties Matter: Relations: Dakota & Ojibwe Treaties
Ojibwe and Dakota people in what is now Minnesota signed dozens of treaties with the United States. Among these treaties are famous land cession agreements in which sovereign American Indian groups retained ownership or use of natural resources — land, water, timber, minerals — or transferred these…
Asatiwisipe Aki Management Plan
The Asatiwisipe Aki Management Plan arises from several earlier initiatives by Poplar River First Nation. Poplar River has completed a variety of studies for the planning area, including traditional knowledge and community history interviews with Elders, traditional land use studies, archaeological…
Improving Indigenous community governance through strengthening Indigenous and government organisational capacity
Strengthening the organisational capacity of both Indigenous and government organisations is critical to raising the health, wellbeing and prosperity of Indigenous Australian communities. Improving the governance processes of Indigenous organisations is likely to require strengthening of Indigenous…
CCP HANDBOOK Comprehensive Community Planning for First Nations in British Columbia
The First Nations of British Columbia have rich and varied cultures, histories and traditions. They are becoming increasingly involved in comprehensive community planning as a way of embracing change and planning a better future for their communities. Comprehensive community planning is a holistic…
Securing Our Futures
NCAI is releasing a Securing Our Futures report in conjunction with the 2013 State of Indian Nations. This report shows areas where tribes are exercising their sovereignty right now, diversifying their revenue base, and bringing economic success to their nations and surrounding communities. The…
Sovereignty Under Arrest? Public Law 280 and Its Discontents
Law enforcement in Indian Country has been characterized as a maze of injustice, one in which offenders too easily escape and victims are too easily lost (Amnesty International, 2007). Tribal, state, and federal governments have recently sought to amend this through the passage of the Tribal Law…
What Determines Indian Economic Success? Evidence from Tribal and Individual Indian Enterprises
Prior analysis of American Indian nations’ unemployment, poverty, and growth rates indicates that poverty in Indian Country is a problem of institutions—particularly political institutions—not a problem of economics per se. Using unique data on Indian-owned enterprises, this paper sheds light…
Tribal Economic Development: Nuts & Bolts
Tribal economic development is a product of the need for Indian tribes to generate revenue in order to pay for the provision of governmental services. Unlike the federal government or states, Indian tribes – in general – have no viable tax base from which to generate revenues sufficient to…
Best Practices Case Study (Economic Realization): Osoyoos Indian Band
The Osoyoos Indian Band (OIB) is located in the interior of British Columbia. They are a member community of the Okanagan Nation Alliance. The Band was formed in 1877 and is home to about 370 on-reserve band members. The goal of the OIB is to move from dependency to a sustainable economy like that…
White Earth Nation Constitutional Reform Workbook
The core purpose of this Constitution is to take action and directly express, through that action, native cultural sovereignty. This workbook is designed to help the citizens of the White Earth Nation to understand their constitution. Through this effort and through your understanding of the…
Huu-Ay-Aht First Nations Constitution
We, the people of Huu-ay-aht, by this Constitution declare our unique identity as a Nation and claim our rightful place as equal participants in Canadian society. We have existed from time immemorial and have occupied and used the lands, waters and resources of our traditional territory throughout…
Huu-ay-aht First Nations Government Act
The Government Act sets out the legal framework for the Huu-ay-aht government which includes the following branches: the Legislature, Executive Council, the Ha’wiih Council, and the People’s Assembly.