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Indian Nations Sovereignty 101 

How many federally recognized Indian Tribes/Alaska Native Nations are there?  

As of 2023, the federal government recognizes 574 Indian Tribes and Alaska Native entities in the United States, according to the Bureau of Indian Affairs. Federal recognition acknowledges the government-to-government status a Tribe has with the United States and provides for federal services resulting from treaties signed with those Nations.  

In addition to holding citizenship in their Native Nations, American Indians are also citizens of the United States. Native Americans achieved citizenship status in 1924. 

Are Indigenous Nations similar? Native Tribes are culturally distinct. The best comparison would be contiguous European or African nations with different cultures, languages, and traditions.  

What is the definition of Indian nation sovereignty? Federally recognized Tribes (also called Indian or Native nations) are self-governing—or sovereign nations—by Congress. Because Indian tribes are recognized by the federal government as political entities with sovereign political status in the U.S. Constitution; they are not seen as persons of a particular race. The relevant section of the Constitution is Article I, which deals with the legislative powers granted to Congress. Article I Section 8 of the Constitution affords Congress the power “… to regulate commerce with foreign nations…and with the Indian tribes.”  

Can any Tribe be federally recognized? Many Native Nations were recognized by treaty-making in the 18th and 19th centuries. Today, there is a rigorous application process to attain federal recognition. The federal agency of the Bureau of Indian Affairs in the U.S. Department of the Interior maintains a directory of federally recognized Tribes. 

How does tribal sovereignty work? Three Supreme Court rulings in the 1800s affirmed the doctrine of tribal sovereignty. It recognizes the right of Native nations to self-govern and run their internal affairs as so-called “domestic, dependent nations.” It also prevents states from interfering with these rights while allowing Congress to override Native nations’ authority.  

Sovereignty is a fundamental principle of the U.S. Constitution with increasing legal significance for Native nations. The United States recognizes the Tribes’ rights to form their own governments, determine membership criteria for their nations, administer justice, levy taxes, establish businesses, and regulate the use of Indian land (reservations), resources, and the conduct of tribal members on their territory.  

Do states have jurisdiction over American Indians on reservation lands located within their borders? States do not have civil or criminal jurisdiction in Indian country unless Congress delegates it, or the federal courts determine it exists. A recent example would be the 1988 Indian Gaming Regulatory Act, adopted by Congress, which requires tribes and states to enter compacts or agreements before gambling operations can open on Indian land.  

Are Indians American citizens? Yes. American Indians have dual citizenship as tribal members and as American citizens. Congress extended citizenship to American Indians in 1924.  

Can American Indians vote? American Indians and Alaska Natives have the same right to vote as other American citizens. They vote in local, state, federal, and tribal elections. Each Native Nation has the right to determine its criteria for eligible voters in tribal elections.  

Do Native Americans pay state or federal taxes? Native people pay the same taxes as other American citizens, with these exceptions:   

• Native Americans employed on reservations do not pay state income taxes.  

• American Indian and Alaska Native people living on trust land are free from local and state property taxes.  

• Generally, states do not levy sales taxes on transactions made on reservations. Indians do not pay federal income taxes on money earned from trust lands, such as fees received for grazing rights and oil drilling. 

What are treaties? From 1777 to 1871, U.S. relations and Indian Nations negotiated legally binding agreements called treaties. These treaties, or agreements, between tribal governments and the United States, transferred and created property rights and service obligations. The United States signed 371 treaties with American Indian Tribes, usually to gain land rights. 

What agreements did the treaties contain? The treaties often promised Indians protection, goods, services, self-governing rights, and a tribal homeland in exchange for their cooperation and retained interest in acres of their homelands.  

Why did European settlers sign treaties with the Tribes? Tribes were powerful because of their military strength and knowledge of the land. Colonists also knew that under European law, land transactions required legal documentation.  

Why did Tribes agree to enter treaties with the federal government? Indian Nations entered into agreements rather than losing more tribal members to war and disease.  

Were the treaties broken? The federal government has broken all treaties signed with Native nations. Conflicting federal policy and court rulings resulted in Native people losing some of their civil rights and lands. An early example of a broken treaty resulted in the Trail of Tears, the forced march of 14,000 Cherokees from Georgia, Alabama, and Tennessee, to Oklahoma, despite a 1791 treaty granting the Cherokee a permanent homeland. About 4,000 Cherokee people —mostly babies, children, and elders — died from starvation, exposure, and disease.  

What is a trust responsibility? The federal Indian trust responsibility is one of the more important principles in federal Indian law. The United States has a legally enforceable, fiduciary obligation to protect tribal lands, assets, resources, and treaty rights of Indian Nations.  

Are treaties still valid? The federal government stopped entering treaties with Indian Tribes in 1871, however, signed treaties stay in effect unless superseded by acts of Congress or other treaties.  

Do treaties grant Native Americans special rights today? In the Pacific Northwest, treaties grant Tribes the right to hunt, fish, and gather food as their ancestors did. On all reservations, treaties stipulate the federal government must grant Tribes access to K-12 education and medical care.