Native American Heritage Month: Embracing Indigenous Knowledge and Educating Washington’s Students
With Indian Law Research Guide
November is Native American Heritage Month. President Biden writes in his Proclamation on National Native American Heritage Month that “we recognize the invaluable contributions of Native peoples that have shaped our country and honor the hundreds of Tribal Nations who continue exercising their inherent sovereignty as vital members of the overlapping system of governments in the United States.”
Indigenous Knowledge, mentioned in Biden’s Proclamation, has been formally recognized by the current administration “as one of the many important bodies of knowledge that contributes to the scientific, technical, social, and economic advancements of the United States and our collective understanding of the natural world” and it is being utilized in federal research, policy, and decision making today. Such recognition has been slow in coming.
Incorporating curriculum about local Indian tribes in Washington schools has also been slow in coming. The legislature didn’t require such state curriculum until 2015. Now every public school student in Washington receives instruction in “the history, culture, and government of the nearest federally recognized Indian tribe or tribes.” The state’s John McCoy (lulilaš) Since Time Immemorial: Tribal Sovereignty in Washington State (STI) curriculum has been endorsed by all 29 federally recognized tribes in the state. Indigenous Knowledge too, has been recognized in an STI-connected tribal sovereignty curriculum, Native Knowledge 360°.
Our collaborators at Spotlight on Civic Learning in Washington have written a blog about the STI curriculum and we provide here a guide for getting started with Indian Law research for students or library users.
Tribal Education Legislation and Statute
Terms
Federally recognized tribes — Recognized to have the immunities and privileges available to federally recognized Indian Tribes by virtue of their government-to-government relationship with the United States as well as the responsibilities, powers, limitations, and obligations of such Indian Tribes.
-Official list of federally recognized tribes in the United States — Federal Register Notice of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, 87 FR 4636
-Federally Recognized Indian Tribe List Act of 1994, Pub. L. 103–454, 108 Stat. 4791–4792
Federal recognition — Acknowledges a government-to-government relationship between the Indian tribe and the federal government. Regulations that govern application for federal recognition can be found at 25 C.F.R. Part 83.
Tribal Sovereignty (Self-Government) — Rights to self-determination or self-government are not delegated to the tribes by the federal government, but are an inherent attribute of being a distinct political group. The federal government can limit or abolish tribal powers. But unless Congress acts, the tribe retains all powers of self-government.
Articles/News
A Legal Practitioner’s Guide to Indian and Tribal Law Research — American Indian Law Journal
Fighting for the Future of Indian Law — Stanford Lawyer
How the U.S. legal system ignores tribal law — High Country News
American Indian Tribes & Indigenous Culture News — The Olympian
ICT News (formerly Indian Country Today)
Media
Representation of Native Americans in Law and Justice — Video — King County Superior Court
Civil Rights, Identity & Sovereignty: Native American Perspectives on History, Law & the Path Ahead — Video — Library of Congress
Let’s Talk Treaties — Video — Native Knowledge 360
Tribal Nations: The Story of Federal Indian Law — Video — Alaska Tribal Justice Resource Center
Native Americans and the Constitution — Video — National Constitution Center
Broken Treaties —Video — Oregon Public Broadcasting
Pathways to the Bench: Diane J. Humetewa — Video — US Courts
Fifty-three films to watch during American Indian Heritage Month — University of North Carolina Libraries
Turtle Talk — Blog on legal issues in Indian Country
This Land — Podcast — related article
American Indian Law: When Two Sovereigns Collide — Podcast — American Law Institute
Ancestry — Podcast — Washington Post
Washington State Focused Resources
Federally Recognized Indian Tribes in Washington State
Washington Tribes public education program
Washington State Tribal Museums
Discover Washington’s Native American Heritage
Washington Governor’s Office of Indian Affairs
Institutionalizing the Government-to-Government Relationship in Preparation for the New Millennium
Doing Business in Indian Country — Washington State Department of Revenue
RCW 43.376, Government-to-Government Relationship with Indian Tribes
Native American Issues — Washington LawHelp
Nationally Focused Resources
A Proclamation on National Native American Heritage Month, 2023 — The White House
A Proclamation on Indigenous Peoples’ Day, 2023 — The White House
US Department of the Interior, Indian Affairs
National Indian Gaming Commission
National Indian Child Welfare Association
Native American Law Center — University of Washington
American Indian Law: A Beginner’s Guide — Library of Congress
Tribal Directory — National Congress of American Indians
Asset Bank (document scans) — National Congress of American Indians
Tribal Law and Policy Institute
Treaties and Agreements
U.S. Statutes at Large — Volume 7 and volumes 9–16 include Native American treaties. Click on the appropriate treaty list link for each volume to find page numbers
Indian Affairs. Laws and Treaties — Kappler’s Indian Affairs. A digital collection at the Oklahoma State University Library Electronic Publishing Center
Early Recognized Treaties with American Indian Nations — Includes treaties not published in the U.S. Statutes at Large or Kappler’s
American Indian Treaties Portal — Articles on treaties and information on how treaties have been cited in federal, territorial and state courts
Treaties Between the United States and Native Americans — Yale’s Lillian Goldman Law Library’s Avalon Project collects documents related to law, history and diplomacy. Treaties are organized by date (1778–1868)
Centennial Accord and Other State-Tribal Agreements — Centennial Accord between the Federally Recognized Indian Tribes in Washington State and the State of Washington
American State Papers, Indian Affairs, 1789–1827 — Legislative and executive documents of Congress. Comprises many documents related to treaties of the era
Documents relating to Native American Affairs — University of Wisconsin-Madison Libraries digital collection of documents relating to treaties
Court Opinions
Indian Law News Bulletins — Access select federal and state cases at the National Indian Law Library
Tribal Court Decisions — Select tribal court decisions available at the Tribal Court Clearinghouse
Northwest Intertribal Court System Online Appellate Opinions — Opinions issued by the appellate panel of this eighteen-tribe consortium
Tribal Court Decisions: Sources — University of Washington Gallagher Law Library’s guide to sources of tribal court decisions
Native American Rights Fund’s Tribal Supreme Court Project — Opinions, briefs, and other court documents related to US Supreme Court and other monitored Native American law cases. Also includes articles on Native American law in the Supreme Court
Boldt Decision — United States v. State of Washington, 384 F.Supp. 312 (1974), aff’d 520 F.2d 676 (9th Cir. 1975), cert. denied 423 U.S. 1086 (1976). Available at the Washington Department of Fish & Wildlife
Indian Territory Cases — The Indian Territory was land set aside by the Indian Intercourse Act of 1834 for the “Five Civilized Tribes” (Cherokee, Creek, Seminole, Choctaw, and Chickasaw) and other Native American tribes. The territory ceased to exist when Oklahoma became a state in 1907. The Indian Territory Court was established in 1889
Indian Law Reporter: Tribal Court Cases Index — Full text of cases can be found in our print collection or our HeinOnline database (1974–2013)
Administrative Law and Decisions
The Code of Federal Regulations, Title 25, is the federal administrative code governing Native Americans. There are a number of federal entities that issue decisions on Native American affairs. Find information on these resources here.
Code of Federal Regulations — Title 25, “Indians” (latest edition is 2022)
Indian Claims Commission Decisions, 1946–1978 — A digital collection at the Oklahoma State University Library Electronic Publishing Center
Opinions of the Solicitor of the Department of the Interior relating to Indian Affairs, 1917–1974 — Available at the Native American Constitution and Law Digitization Project
U.S. Department of the Interior, Office of the Solicitor, Solicitor’s Opinions, 1993-present — U.S. Department of the Interior website
U.S. Department of the Interior Office of Hearings and Appeals Database — Solicitors Opinions (1993-present), Interior Board of Indian Appeals Decisions, and more
Federal Register Notice of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, 87 FR 4636
Statutes
United States Code — Choose the year you wish to research. Title 25 is “Indians”
Indian Affairs. Laws and Treaties — Compiles selected statutes and laws related to Native Americans, including the Revised Statutes (1873–74), the United States Code (1970), and U.S. Statutes at Large
Statewide Tribal Legislation Database — National Conference of State Legislatures
Tribal Constitutions and Codes
Tribal Law Gateway — The National Indian Law Library’s website for searching tribal codes and constitutions
Tribal Court Clearinghouse — This site includes links to constitutions, codes, model codes, subject specific compilations of codes and code development resources
Native American Constitution and Law Digitization Project — Organized by tribe
Native American Constitutions and Legal Materials — A Library of Congress digital collection
Washington Tribal Codes — University of Washington Gallagher Law Library’s Indian & Tribal Law Guide includes Washington tribal codes and constitutions resources
Northwest Intertribal Court System Links to Tribal Codes — Codes for twelve of the tribes comprising the Northwest Intertribal Court System consortium
Legal Treatises and Law Journals
Cohen’s Handbook of Federal Indian Law (updated eBook) by Cohen. Library account required
Handbook of Federal Indian Law (1941) by Cohen
American Indian Law in a Nutshell by Canby (available to check out from our library)
The Rights of Indians and Tribes: The Basic ACLU Guide to Indian and Tribal Rights, 2d ed. by Pevar
American Indian Law Deskbook — Conference of Western Attorneys General (available to check out from our library and on Westlaw in our Research Room)
The American Indian Law Journal — Seattle University School of Law
American Indian Law Review — University of Oklahoma College of Law
Tribal Law Journal — University of New Mexico
National Indian Law Library’s Law Review/Bar Journal Articles Archive
Tribal Nations & the United States: An Introduction — National Congress of American Indians (2019)
Indian Law Reviews — The Tribal Law and Policy Institute’s Tribal Court Clearinghouse
Bibliographies
Annotated Bibliography of Federal and Tribal Law : Print and Internet Sources (2010)
North American Indians: History, Culture, Politics, and Law — A Bibliography (2019)
Library Research Room Databases
HeinOnline Indigenous Peoples of the Americas: History, Culture & Law
Westlaw Native American Law (WB/SC)
