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American Indians, Indian Tribes, and State Government This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp February 2014 American Indians, Indian Tribes, and State Government Research Department Minnesota House of Representatives The Research Department of the Minnesota House of Representatives is a nonpartisan professional office serving the entire membership of the House and its committees. The department assists all members and committees in developing, analyzing, drafting, and amending legislation. The department also conducts in-depth research studies and collects, analyzes, and publishes information regarding public policy issues for use by all House members. Research Department Minnesota House of Representatives 600 State Office Building, St. Paul, MN 55155 651-296-6753 February 2014 Indians, Indian Tribes, and State Government Fifth Edition This guidebook discusses major issues involved in the relationship between Indian tribes, Indians, and state government, including criminal and civil jurisdiction, control of natural resources, gaming and liquor regulation, taxation, health and human services, and education. American Indians, Indian Tribes, and State Government is a cooperative project by legislative analysts in the Research Department of the Minnesota House of Representatives. General questions regarding American Indians can be directed to Mary Mullen. Topical questions should be addressed to the analyst who covers that subject. CIVIL JURISDICTION Mary Mullen 651-296-9253 CRIMINAL JURISDICTION Jeffrey Diebel 651-296-5041 Rebecca Pirius 651-296-5044 EDUCATION Lisa Larson (K-12) 651-296-8036 Matt Gehring (Higher) 651-296-9253 ENVIRONMENTAL REGULATION Bob Eleff 651-296-8961 LIQUOR REGULATION Patrick McCormack 651-296-5048 GAMING REGULATION Andrew Biggerstaff 651-296-8959 HEALTH AND HUMAN SERVICES Randall Chun 651-296-8639 Lynn Aves 651-296-8079 NATURAL RESOURCES Janelle Taylor 651-296-5039 TAXATION Joel Michael 651-296-5057 This report was coordinated by Mary Mullen, legislative analyst in the House Research Department. Questions may be addressed to Mary at 651-296-9253. Jessica Vogt provided graphics and production assistance. Sean Williams provided research assistance. Copies of this publication may be obtained by calling 651-296-6753. This document can be made available in alternative formats for people with disabilities by calling 651-296-6753 or the Minnesota State Relay Service at 711 or 1-800-627-3529 (TTY). Many House Research Department publications are also available on the Internet at: www.house.mn/hrd/. Contents Introduction ................................................................................... 1 Population of Indians in Minnesota ............................................................. 2 Map 1: Minnesota Indian Reservations ....................................................... 3 Map 2: Indians as a Percent of County Population ...................................... 4 Figure 1: Where the Minnesota Indian Population Lives ............................ 5 Part One: Terms and Concepts ................................................... 7 Definition of “Indian” .................................................................................. 8 Definition of “Indian Tribe” ...................................................................... 11 Indian Lands and Territories ...................................................................... 13 Tribal Sovereignty: Limits on State Power ............................................... 17 Public Law 280 .......................................................................................... 21 Special Rules for Interpreting Indian Law ................................................. 23 Minnesota Indian Affairs Council ............................................................. 25 Part Two: Background Papers .................................................. 27 Criminal Jurisdiction in Indian Country .................................................... 28 Civil Jurisdiction in Indian Country: State Courts and State Laws; Tribal Courts and Tribal Codes ....................................................... 38 Gaming Regulation in Indian Country ....................................................... 42 Map 3: Location of Casinos ....................................................................... 46 Liquor Regulation in Indian Country ......................................................... 48 Control of Natural Resources in Indian Country ....................................... 50 Environmental Regulation in Indian Country ............................................ 54 Taxation in Indian Country ........................................................................ 62 Health and Human Services for Indians .................................................... 82 Education Laws Affecting Indian Students ............................................... 90 Appendices ................................................................................. 103 Appendix I: Population of American Indian and Alaska Native Persons ............................................................................................. 105 Appendix II: Demographic and Other Information about Minnesota’s Indian Reservations ..................................................... 108 Appendix III: Secretary of the Interior’s Authority to Acquire Land in Trust for Indian Tribes ................................................................. 132 Appendix IV: Tribal Courts in Minnesota .............................................. 134 House Research Department February 2014 Indians, Indian Tribes, and State Government Page 1 Introduction This publication introduces Minnesota legislators to the major legal issues involved in the relationship between Indian* tribes, Indians, and state government. It is not intended to be a comprehensive or in-depth treatment of the subject. The publication begins with some basic data on Indians in Minnesota today. Map 1 shows the locations of tribal reservations. Map 2, Figure 1, and Appendix I present population information from the 2010 Decennial Census and the Census Bureau’s American Community Survey from the years 2007 to 2011. Appendix II presents demographic and other information for each reservation in Minnesota. Part One defines terms and explains concepts that are necessary for understanding the basic nature of state and federal power relative to Indians and Indian tribes. Part Two contains a series of papers on specific legal issues relevant to policymakers. The topics are: Criminal Jurisdiction in Indian Country Civil Jurisdiction in Indian Country Gaming Regulation in Indian Country Liquor Regulation in Indian Country Control of Natural Resources in Indian Country Environmental Regulation in Indian Country Taxation in Indian Country Health and Human Services for Indians Education Laws Affecting Indian Students Appendix III explains the ability of the U.S. Bureau of Indian Affairs to acquire land in trust for tribes. Appendix IV lists the eleven tribal courts in Minnesota and the court and court of appeals for the Minnesota Chippewa Tribe. The Minnesota Chippewa Tribe is a federally recognized tribal government that provides unified leadership and services to the six member tribes: Bois Forte, Fond du Lac, Grand Portage, Leech Lake, Mille Lacs, and White Earth. * The term “Indian” was given to the indigenous people of North America by the European explorers when they first encountered the New World, mistakenly thinking they had reached the Indies. Individuals have different preferences for the term used to describe indigenous people in the United States, including American Indian, Native American, or by the names they call themselves in their own languages. The main groups of Indians in Minnesota are the Dakota and the Chippewa, also referred to as Ojibwe or Anishinabe. This publication generally follows the convention used in nearly all federal and state laws, referring collectively to all the indigenous people of North America and Minnesota as “Indians.” In certain instances the term “American Indian” in conjunction with Alaskan Natives is used as that is the term used in some state laws and the U.S. Census for indigenous people to identify themselves. House Research Department February 2014 Indians, Indian Tribes, and State Government Page 2 Population of Indians in Minnesota Minnesota has 12 federally recognized Indian reservations: Anishinaabe Bands (Chippewa/Ojibwe)1 Bois Forte (Nett Lake) Fond du Lac Grand Portage Leech Lake Mille Lacs Red Lake White Earth 2 Dakota Communities (Sioux) Lower Sioux Prairie Island Shakopee-Mdewakanton Upper Sioux Map 1 shows the location of these reservations. As of the 2010 Decennial Census, there were 101,900 “American Indian and Alaska Native persons,”3 representing approximately 1.9 percent of the population. This number includes persons who identified themselves solely as American Indian and Alaska Native, and persons who identified themselves as more than one race, including American Indian and Alaska Native.4 House Research Department February 2014 Indians, Indian Tribes, and State Government Page 3 Map 1: Minnesota Indian Reservations Bois Forte Red Lake Grand Portage Minnesota Chippewa White Earth Leech Lake Fond du Lac Mille Lacs Reservations Shakopee Upper Sioux 16 Prairie Island Lower Sioux This map shows the twelve federally recognized tribes in Minnesota including the location
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