ERIC Number: ED396876
Record Type: RIE
Publication Date: 1995-Nov
Reference Count: N/A
States and Tribes: Building New Traditions. A Broad Examination of the Condition of State-Tribal Relations and Opportunities for Mutually Beneficial Cooperation as the 21st Century Approaches, from a State Legislative Policy Perspective.
Reed, James B., Ed.; Zelio, Judy A., Ed.
This report summarizes efforts of the Task Force on State-Tribal Relations of the National Conference of State Legislatures to bring together state legislators, Native American leaders, and other parties interested in seeking new approaches to state-tribal relations. The report incorporates the results of a national survey of state-tribal relations, 12 meetings held around the country, and published papers on a wide range of topics concerning state-tribal affairs. The first chapter addresses issues related to the changing interactions between states and Indian tribes, including the significance of treaties, tribal sovereignty, and state-tribal jurisdiction. The second chapter reports on a survey of state legislators, tribal leaders and associations, and state attorneys-general. Survey results indicate that misunderstandings about tribal sovereignty are at the core of many state-tribal conflicts, and that communication between states and tribes needs improvement. Respondents also described several successful state-tribal agreements. The third chapter discusses strategies for states and tribes in resolving differences, including negotiated settlements, mediated agreements, litigation, and intergovernmental agreements. The next six chapters address state roles in Indian health, education, and child welfare; state-tribal economic development partnerships; states and the Indian Gaming Regulatory Act; seeking agreement on taxes; natural resource allocation and management; and environmental regulation. The last chapter includes recommendations for improving state-tribal relations and concludes that negotiated approaches to state-tribal disputes are the best strategy for strengthening democracy. Appendix includes a list of members of the Task Force on State-Tribal Relations and information on task force meetings. Contains references in each chapter and an index. (LP)
Descriptors: American Indian Education, American Indian Reservations, American Indians, Child Welfare, Conflict Resolution, Economic Development, Elementary Secondary Education, Federal Indian Relationship, Government Role, Higher Education, Legislators, State Government, Taxes, Treaties, Tribal Government, Tribal Sovereignty
National Conference of State Legislatures, 1560 Broadway, Suite 700, Denver, CO 80202 ($25).
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Evaluative
Education Level: N/A
Sponsor: Ford Foundation, New York, NY.
Authoring Institution: National Conference of State Legislatures, Denver, CO.
Identifiers: Indian Gaming Regulatory Act 1988; State Tribal Relationship; Task Force Approach