Federal Indian law

“Federal Indian law” is the body of United States law – treaties, statutes, executive orders, administrative decisions, and court cases – that define and exemplify the unique legal and political status of the over 574 federally recognized American Indian and Alaska Native tribes; the relationship of tribes with the federal government; and, the role of tribes and states in our federalism. Federal Indian law has three fundamental legal principles:


  • a) American Indian and Alaska Native tribes that are recognized by the federal government are independent sovereign governments, separate from the states and from the federal government.
  • b) Unless Congress provides otherwise, the sovereignty of federally recognized American Indian and Alaska Native tribes generally extends over their federally recognized geographic territory (e.g., reservations, allotments, trust and restricted Indian lands, and other Indian country), including over the activities and conduct of tribal members and non-tribal members within that territory.
  • c) The sovereignty of federally recognized American Indian and Alaska Native tribes is inherent and exists unless and until Congress takes it away.