Many Nations:
The Tribal and Federal Documents
of American Indian Tribes
Five State Government Documents Conference
August 4, 2006
David Selden
National Indian Law Library
Nancy Carol Carter
University of San Diego
Introduction:
•
Sovereign nations and the
unique ‘course of dealing’
•
Many nations documents defined:
(1)
Federal documents applicable to all
tribes or to a specific tribe
(2)
Documents produced by 560+ tribal nations
with different tribal legal systems
(3)
Limited state documents
• Jurisdiction is key to documentary record
Documents Flow from Jurisdiction
TRIBAL
Treaties
Tribal constitution
Tribal code
Tribal court cases
Administrative codes
Tribal law may reflect:
. Customary law
. Oral traditions
. Central role of tribal council
or elders
. Theocratic traditions
FEDERAL
U.S. Constitution
Treaties
Legislation
Case law
Administrative law
Executive Orders
Indian Claims Comm.
STATES
Public Law 280
Multi-state water
settlements
Gaming compacts
Finding Tribal Information
in Federal Documents
•
U.S. Constitution –
•
Treaties –
•
Legislation –
•
Case law –
•
Executive Orders –
•
Administrative law –
•
Indian Claims Comm. –
federal preemption
“best evidence” of tribal sovereignty, land rights
general or tribally specific
Congressional documents
general or tribally specific
often tribally specific, land rights
beyond the BIA
other tribunals
National Indian Law Library (NILL) who are we and what do we do?
• National non-profit library specializing in Indian
law in Boulder, CO.
• Serve NARF and the public since 1972
• Provide free reference and research assistance
to the public
National Indian Law Library (NILL) who are we and what do we do?
• Involved in projects to make Indian law
more accessible
– NILL Thesaurus
– Tribal law collection
– Indian law current awareness bulletins
– Recently joined OCLC
Finding Tribal Documents
• Tribes and tribal governments, a snapshot
– 562 federally recognized tribes and AK Native
Villages
– Governments usually consist of tribal councils
– As sovereign nations, tribes have the power to
govern their members and people on their lands
– except as limited by the U.S. Congress
Finding Tribal Documents
– Public Law 280
• Tribal law
– Almost all tribes have enacted constitutions
and most have codes or ordinances
– Tribal law borrows a lot from Anglo-American
law, but often includes traditional/customary
law provisions
Finding Tribal Documents
• Tribal law (cont.)
– About 60% of all tribes and AK Native villages
have judicial systems
– Most tribes do not have administrative courts
or agencies
Finding Tribal Documents
• What kinds of governmental information is
available relating to tribes?
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–
–
–
–
Publications about tribal governments
Tribal codes and constitutions
Tribal court opinions
Intergovernmental agreements
Agency rules and regulations - mostly
incorporated into codes/constitutions
– Tribal water settlement documents
Finding Tribal Documents
• What kinds of governmental information is
generally not available?
–
–
–
–
–
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Reports
Handbooks
Guides
Directories
Legislative information
Statistics
Finding Tribal Documents
• A look at the future - Will more tribal
government information become available
soon?
– Tribal Law Collaborative Collection
Development Project – NPLC and NILL
– NILL tribal law gateway – expanded
– U Idaho – Tribal Law Exchange Project
– LLMC digital – Native American law
microfiche collection
Finding Tribal Documents
• How can you “collect” or research tribal
government documents?
– Call NILL for help
– Catalog digital documents found at NILL
and other locations
– Participate in TLCCD Project
– Call the relevant tribe
– Contact a law school library, Indian law
clinic or Indian legal services