Recognize Nation Sovereignty and Collaborate with Tribal Communities

Background

All governments, including state governments, should engage in nation-to-nation consultation with tribal governments and communities on policy, projects, and rulemaking in a manner that acknowledges tribal sovereignty, honors treaties, and respects cultural practices, heritages, and prior claims to natural resources and land.

While the U.S. federal government conducts much of the relationship with tribal nations, states also have an important role in working with nations that lie within their borders, including supporting tribal food and land sovereignty and restoration of Indigenous hunting rights. States also play a critical role in recognizing and supporting tribal nations that are not federally recognized so that these tribes can access critical services. The U.S. Departments of Housing and Urban Development, Labor, Education, and Health and Human Services all have the statutory and regulatory authority to provide funding for state-recognized tribes.

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Policy Priorities

  • Federal: Enact reforms to treat tribal governments with equality and fairness. Provide funding for tribal members to obtain easier access to federal programs and increase available resources for tribal infrastructure and economic development, consistent with the federal trust and treaty responsibility.
  • State: Include tribal communities in state resource-based decision-making.
  • State: Ensure tribal access to traditional hunting and gathering. Support tribal nation food sovereignty by removing fee barriers to hunting and fishing licenses and fee-use lands for traditional hunting and fishing activities.
  • State: Provide state-level recognition to tribal nations that are not federally recognized.
  • State: Support tribal communities in accessing federal funds and resources.

State Examples

  • For additional ideas, the National Conference of State Legislatures maintains a searchable database of state bills that may affect tribal communities.
  • Hawaii (2021 HI SB 1410) legislators have introduced efforts to secure rights of Native Hawaiians to engage in customary and traditional subsistence farming, including a bill (2021 HI SB 1319) requiring the state to re-establish loko i‘a, the traditional Native Hawaiian fishponds. Hawaii lawmakers also introduced a resolution (2021 HI SCR 221) to urge the city of Honolulu to streamline the permit process for fishpond restoration and passed a resolution (2021 HI SR 185) to include Native participation in coastal planning and management of ecologically fragile coastline habitat using traditional practices.
  • Washington (2021 WA HB 1117 and HB 1172) embedded food sovereignty into policy on salmon management and recovery and reinforced recognition of traditional hunting and treaty rights for salmon and steelhead.
  • New Mexico (2021 NM HB 78) introduced a policy to develop traditional hunting and land use management plans for public lands with Indigenous peoples.
  • States including Montana (2021 MT HB 241), Mississippi (2021 MS HB 867), and Virginia (2020 VA HB 1282) have attempted to support tribal food sovereignty by removing fee barriers to hunting and fishing licenses and fee-use lands for traditional hunting and fishing activities.
  • Maine (2021 ME LD 1626) legislators considered a bill to restore tribal self-government to Maine tribes. The legislation, based on recommendations from a bipartisan legislature task force, addressed long-standing issues with a 1980 land claims act that governs state and tribal relationships.
  • Alaska (2021 AK HB 123) lawmakers passed a law to provide state recognition of federally recognized tribes.
  • Texas (2019 TX HCR 171) and Virginia (2021 VA HJR 572, introduced) have recognized non-federally recognized tribes, allowing them to engage in state-based decision-making processes on land management and natural resource policy. Rhode Island (2023 RI HB 5020) worked on a bill establishing petition criteria to grant state recognition of tribes.
  • Michigan (2022 MI SB 876) considered a bipartisan bill to strongly encourage Michigan schools to teach about the state’s history of Indian boarding schools.

Toolkits

Inspired? Ready to dig in on these issues with your rural neighbors? Our practical communications toolkits will help you connect with new communities through common values. The toolkits provide examples on narrative framing, press release templates, sample talking points, and more. 

Click here for the communications toolkit on Growing Equitable Food Systems.

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