Laws and Codes

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Ore. tribal courts deliver 'restorative justice'

Ore. tribal courts deliver 'restorative justice'

For years, Judge Donald Costello sentenced offenders to jail and prison terms, only to see them back in his courtroom with nothing to show for their time served. Costello doesn't work that way anymore. Instead, he practices an innovative spin on the judicial system that has become an effective…

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A Leader Emerges: Hopi Tribe Adopts New Criminal Code According to Tribal Law and Order Act Standards

A Leader Emerges: Hopi Tribe Adopts New Criminal Code According to Tribal Law and Order Act Standards

The Hopi Tribal Council voted to adopt a new criminal code on August 28, thereby scrapping a 1970s version that all but failed to punish sex crimes and limited tribal prosecutors to one-year terms, even for murder. In doing so, the small Arizona tribe emerged as a leader in Indian country when it…

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Indian Country Today Article

Advancing the State-Tribal Consultation Mandate

This summer, in the face of an impending private land sale of Pe’Sla, a Lakota/Dakota/Nakota Indian sacred site in the Black Hills, the United Nations Special Rapporteur on the Rights of Indigenous Peoples, S. James Anaya, directed that authorities in South Dakota “engage in a process of…

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Two Spirit/LGBT Rights Toolkit for Tribal Governments Introduced

Two Spirit/LGBT Rights Toolkit for Tribal Governments Introduced

A first-of-its-kind guide complete with sample legal language is now available for tribal governments to adopt or amend their laws to recognize the rights of all their citizens, including Two Spirit and lesbian, gay, bisexual, and transgender (LGBT) people...

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Tim Giago: Was the Indian Reorganization Act good or bad?

Tim Giago: Was the Indian Reorganization Act good or bad?

It was 75 years ago on June 18, 1934 when the Indian Reorganization Act became the law of the land. On the 50th anniversary of the IRA, a conference was held at Sun Valley, Idaho to talk about the good and the bad of the Act. On the 75th birthday of the Act, there was nothing but silence. Has…

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Native America Calling: Tribal Enrollment And Blood Quantum

Tribal Enrollment And Blood Quantum

Every tribe has its own rules for membership. Some tribes include lineal descent — proof that you descend from a recognized tribal member — while others have a blood quantum requirement that requires members possess a certain percentage of tribal blood. On White Earth, researchers found that the…

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Tribal Land Leasing: Opportunities Presented by the HEARTH Act and Amended 162 Leasing Regulations

Tribal Land Leasing: Opportunities Presented by the HEARTH Act and Amended 162 Leasing Regulations

This NCAI webinar discussed amendments to the Department of the Interior's 162 leasing regulations as well as practical issues for tribes to consider when seeking to take advantage of the HEARTH Act (Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012)...

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Lets Talk Native with John Kane

The Legacy of the Doctrine of Discovery

Let's Talk Native Radio program host John Kane discusses the implications of asserting the Doctrine of Discovery on Native lands and the role that treaties play in recognizing and affirming the inherent sovereignty of Native nations. 

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Native America Calling VAWA 2 Years Later

VAWA 2 Years Later

It’s been just over 2 years since Congress reauthorized the Violence Against Women Act. In February of last year, three tribes participated in a pilot project to exercise the special domestic violence criminal jurisdiction (SDVCJ) portion of the law. Under SDVCJ, some tribes can prosecute Natives…

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 KNOM Radio: Visa-Free Travel to Russia Reinstated for Eligible Alaska Natives

Visa-Free Travel to Russia Reinstated for Eligible Alaska Natives

The Bering Straits Regional Commission says travel restrictions for Alaska Natives to Chukotka have been lifted–leaving many with relatives on the Russian side of the strait feeling relieved, tired of being used as pawns in international disputes...

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Implementing VAWA's Expanded Jurisdiction in Our Tribal Courts

In coordination with the Tribal Law and Policy Institute, NCAI hosting this webinar on April 5, 2013. In this webinar, panelists discussed the Violence Against Women Act (VAWA) provisions that expands tribal court jurisdiction over all persons for certain crimes committed on the reservation.

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Rebuilding The Tigua Nation, youth dancing in traditional dress

Rebuilding The Tigua Nation

The Tigua Indians of Ysleta del Sur Pueblo in Ysleta, Texas produced this 16-minute film in 2013 to demonstrate how a Native American tribe can work hard with business skills and tribal customs to shape a prosperous future through education for all levels of the Tigua Nation.

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Membertou: Accountable to the Community

Leaders of Membertou First nation explain how a high level of accountability to citizens and partners has been key to its success in both governance and business.

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Grand Council Chief Patrick Madahbee: NFN Gichi-Naaknigewin

Anishinabek Nation Grand Council Chief Patrick Wedaseh Madahbee speaks to Nipissing First Nation members about the importance of the Gichi-Naaknigewin (Constitution) and its relationship to community development.

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Nipissing Gichi-Naaknigewin

Nipissing First Nation members and staff, members of Chief and Council, as well as the Grand Council Chief, speak to the Nipissing Gichi-Naaknigewin.

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Arnold May: Nipissing First Nation Gichi-Naaknigewin (Constitution)

Counsellor Arnold May of the Nipissing First Nation discusses the importance of the Nipissing Gichi-Naaknigewin (Constitution), which was ratified in 2014 by the Nipissing people. 

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Web Extra: American Indians Confront 'Savage Anxieties

Web Extra: American Indians Confront 'Savage Anxieties'

This week Bill speaks with legal expert Robert A. Williams Jr. about how stereotypes of American Indians have been codified into laws and government policies, with devastating consequences. In this web extra, Bill speaks with Williams about why none of the Supreme Court justices “wants Indian cases…

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Professor Robert A. Williams Jr. (Lumbee)

American Indians Confront "Savage Anxieties"

As part of the $585 billion defense bill for 2015, Congress passed a measure that would give lands sacred to American Indians in Arizona to a foreign company. The deal gives the Australian-English mining firm Rio Tinto 2,400 acres of the Tonto National Forest in exchange for several other parcels…

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2015 NCAI State of Indian Nations

During the annual State of Indian Nations address, NCAI President Brian Cladoosby, chairman of the Swinomish Nation, called on Congress and the Obama Administration to follow through on a policy action plan to improve economic opportunity, education, and innovation in Indian Country and for the…

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Vice President Biden Speaks at the 2014 White House Tribal Nations Conference

Vice President Biden Speaks at the 2014 White House Tribal Nations Conference

On December 3, 2014, Vice President Joe Biden addressed the 2014 White House Tribal Nations Conference. At the conference, leaders from the 566 federally-recognized Native nations engaged with the President, Cabinet Officials, and the White House Council on Native American Affairs on key issues…