The Firing Line Forums - View Single Post - "Indian Nations", Their Reservations, and My Rights

hermannr · September 1, 2013, 10:05 PM

I know a little bit about the reservations, (having lived next door to one for many years) and how the State can/does interface with the tribe.

First and foremost, they are members of a group, usually with a minimum of 1/8th provable native American ancestry, that have agreed to live by tribal and US Government laws. (not state law) Tribal law only applies to tribal members. It does not apply to non-native Americans even if those non-tribal members live within the reservation. (BTW: A full blood native can be voted out of the tribe too)

In some states there is an agreement between the state and the Tribe that tribal police can enforce state law on non-tribal members, if state law has been violated by non-tribal members. (as here in WA) but they cannot enforce tribal law on non-tribal members.

In some states, (like Idaho does? or at least used to) the state insists that tribal officers can only detain non-tribal members until state LE arrives. Non-tribal members should never be tried in tribal court, the same as, tribal members are turned over to tribal authorities, even if the offense was committed on non-tribal land and is a violation of state law, non-tribal members are tried in state or federal court.

As for a non-tribal member passing through on a public highway, tribal police here will arrest for DWI and other traffic offenses on non-tribal members, but the non-tribal member will be tried in state court. Carry of a firearm by a non-tribal member is state law on or off the res while on a public highway.

Carry of a firearm by a tribal member on the res is tribal law, off reservation is state law, but handled in tribal court. The Colville reservation is over 1.35 million acres and has 12 recognized tribes residing on it. It started out as 7 million acres but has lost a lot, some of it sold, some of it removed by executive order. I live on what is called the "north res" (part of the original 7 million acres, not part of the present 1.35 million acres) on private property. Most of the land on the "North Res" is private (non-tribal) with the exceptions of a few allotments, and that tribal members can hunt and fish under tribal law up here.

At least, this is how it works here in Washington state, and I believe it is the same in Oregon. I know Idaho was negotiating with the tribe for a similar arrangement. In Idaho it is (was? don't know if the process is finished) required that tribal police call the Idaho State Police, and tribal police can (could) only detain a non-tribal member.

September 1, 2013, 10:05 PM	#17
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	I know a little bit about the reservations, (having lived next door to one for many years) and how the State can/does interface with the tribe. First and foremost, they are members of a group, usually with a minimum of 1/8th provable native American ancestry, that have agreed to live by tribal and US Government laws. (not state law) Tribal law only applies to tribal members. It does not apply to non-native Americans even if those non-tribal members live within the reservation. (BTW: A full blood native can be voted out of the tribe too) In some states there is an agreement between the state and the Tribe that tribal police can enforce state law on non-tribal members, if state law has been violated by non-tribal members. (as here in WA) but they cannot enforce tribal law on non-tribal members. In some states, (like Idaho does? or at least used to) the state insists that tribal officers can only detain non-tribal members until state LE arrives. Non-tribal members should never be tried in tribal court, the same as, tribal members are turned over to tribal authorities, even if the offense was committed on non-tribal land and is a violation of state law, non-tribal members are tried in state or federal court. As for a non-tribal member passing through on a public highway, tribal police here will arrest for DWI and other traffic offenses on non-tribal members, but the non-tribal member will be tried in state court. Carry of a firearm by a non-tribal member is state law on or off the res while on a public highway. Carry of a firearm by a tribal member on the res is tribal law, off reservation is state law, but handled in tribal court. The Colville reservation is over 1.35 million acres and has 12 recognized tribes residing on it. It started out as 7 million acres but has lost a lot, some of it sold, some of it removed by executive order. I live on what is called the "north res" (part of the original 7 million acres, not part of the present 1.35 million acres) on private property. Most of the land on the "North Res" is private (non-tribal) with the exceptions of a few allotments, and that tribal members can hunt and fish under tribal law up here. At least, this is how it works here in Washington state, and I believe it is the same in Oregon. I know Idaho was negotiating with the tribe for a similar arrangement. In Idaho it is (was? don't know if the process is finished) required that tribal police call the Idaho State Police, and tribal police can (could) only detain a non-tribal member.