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Tribal Laws/Codes

Black's Law Dictionary defines the word "code" as a systematic collection ... of laws, rules, or regulations. A(n) ... official compilation of laws ...   consolidated and classified by subject matter." The individual codes linked and referenced here are tribal laws organized by subject matter. Unless otherwise noted, the term Tribal Code refers to an individual Indian Nation's compilation of their laws.

  Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction Guide for Drafting or Revising Tribal Laws to Implement the Enhanced Sentencing Provisions of the Tribal Law and Order Act (TLOA) and the Special Jurisdiction Provisions of the Violence Against Women Reauthorization of 2013 (VAWA 2013)
This resource provides guidance for tribes who are interesting in implementing the enhanced sentencing provisions in TLOA and/or the special domestic violence criminal jurisdiction over non-Indians provisions in VAWA 2O13. This resource provides an overview of the enhanced powers recognized by each statute and explores ways that tribes can comply with the requirements of the federal statutes. The resource contains five sections and fourteen chapters. Part I provides an overview of the statutes, background, and considerations in deciding whether to implement. Parts II, II, and IV examine in more detail the requirements tribes must meet in order to exercise the powers recognized by TLOA and VAWA 2013. Part V. provides links to relevant online resources and a model tribal code.

The Tribal Codewriting Clinic at William Mitchell College of Law provides free code-writing and revision services for tribal nations. Students in the clinic work in teams of 2 or 3 under the supervision of a full-time Indian law professor to respond to specific requests pertaining to tribal codes (statutes), regulations, court rules, and other documents. Each project is custom-designed for the needs of the tribal nation. Our clinic has a special emphasis on criminal law, but we welcome projects on any subject area. Examples of projects include: Revisions to a tribal domestic violence code to include dating violence; Drafting a new elder abuse code; and Updating tribal criminal laws to be compliant with the Tribal Law and Order Act and the Violence Against Women Act. Our philosophy is focused on tribal sovereignty and self-determination. We work on crafting language that reflects a tribal nation's unique needs, strengths, and culture. We will provide you with a final product that is tailored to the needs of your tribe; we do not produce cookie-cutter codes. If you are interested in learning more about the Tribal Development Clinic, please contact Professor Sarah Deer (sarah.deer@wmitchell.edu).

“Whatever Tribal Precedent There May Be”: The (UN)availability of Tribal Law, by Bonnie Shucha, explores the costs and benefits of publishing tribal law. Part I analyzes why tribal law is not more widely available; part II illustrates the benefits of making tribal law more accessible, and part III describes publication options for tribes. An appendix lists currently available tribal law collections.

The SMART Office recently updated the SORNA Model Tribal Sex Offender Registration Code/Ordinance (March 2010) to reflect the changes in federal law that came about with the passage of the Tribal Law and Order Act.

Tribal Legal Code Resource Series

Tribal Legal Code Resource: Crimes Against Children (or Microsoft Word 2007 Format) has been developed by the Tribal Law and Policy Institute under a Children's Justice Act Partnerships for Indian Communities training and technical assistance grant. Specifically it has been developed to provide assistance to tribes and tribal organizations that have also received Children’s Justice Act Partnerships for Indian Communities grants. Tribes frequently request assistance in developing and/or updating their laws to address victimization of tribal children. The Institute developed this Resource Guide and Workbook to meet the identified need. This project was conceived in 2001 under the guidance of an Advisory Committee of experts in the tribal justice field, those working with Native child abuse and child victimization issues, and with tribal child and family services providers. The Crimes Against American Indian/Alaska Native Children Resource Guide provides illustrative examples, narrative, and discussion questions. The discussion questions direct users through a tailoring process that will assure that the resulting draft statutory provisions reflect the needs and values of the tribal community that the targeted law serves.

New Tribal Legal Code Resource: Domestic Violence Laws was developed by the Tribal Law and Policy Institute in cooperation with the Office on Violence Against Women and the Bureau of Justice Assistance. This Victim-Centered Approach to Domestic Violence Against Native Women resource guide includes exercises, examples, and discussion questions to help you customize your laws to meet the needs of your community. This resource was revised and updated in March of 2015, including changes addressing issues concerning the 2010 enactment of the Tribal Law and Order Act and VAWA 2013.

Tribal Legal Code Resource: Tribal Judge’s Sexual Assault Bench Book and Bench Card was developed by the Tribal Law and Policy Institute in cooperation with the Office on Violence Against Women as a resource for tribal judges who hear sexual assault cases in tribal courts. It provides background information on important sexual assault and tribal jurisdictional issues, as well as providing guidance in handling key issues at various stages of a sexual assault criminal trial.

Tribal Domestic Violence Case Law: Annotations for Selected Cases was developed by the Tribal Law and Policy Institute in cooperation with the Office on Violence Against Women as a resource for tribal judicial officers in understanding how some tribal governments have handled certain legal issues within the context of domestic violence cases. While a great deal of research has been done on case law in the state systems, little to no analysis has been done on the tribal judicial approach to domestic violence. This compendium, developed as part of an overall code-writing workshop curriculum for tribal governments, will assist tribal legislators as well. Understanding how laws are interpreted by the court systems may impact the development of laws that provide safety to tribal citizens.

Tribal Legal Code Resource: Sexual Assault and Stalking Laws was developed by the Tribal Law and Policy Institute in conjunction with the Southwest Center for Law and Policy to be a guide for drafting or revising victim-centered tribal criminal laws on sexual assault and stalking. It is written with a philosophy that tribal laws should reflect tribal values. In addition, writing a tribal law usually requires careful consideration of how state and/or federal laws might apply in the community. This resource guide includes sample language and discussion questions which are designed to help tribal community members decide on the best laws for their community. This resource was revised and updated May 2012, including changes addressing the 2010 enactment of the Tribal Law and Order Act.

Law Enforcement Protocol Guide: Sexual Assault (Including a Model Sexual Assault Protocol) was developed by the Tribal Law and Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the investigation of sexual assault crimes. Effective investigations increase the likelihood of victim participation and increase the probability of convictions in tribal, state, and/or federal courts. This guide focuses on the development of an internal protocol for law enforcement. A law enforcement protocol can enhance the efforts of all community agencies in addressing sexual violence. Once your tribal government has strong laws in place, this publication will help you create policies and protocols for your law enforcement agency to enforce your laws.

Prosecutor Protocol Guide: Sexual Assault (Including a Model Sexual Assault Protocol) was developed by the Tribal Law and Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the prosecution of sexual assault crimes. Holding offenders accountable for their actions is a key part of making your community safe. This publication is designed to help your prosecutor’s office ensure consistency and compassion for all survivors. This guide focuses on the development of an internal protocol for tribal prosecution. A prosecutor protocol can enhance the efforts of all community agencies in addressing sexual violence.

Sexual Assault Response Team (SART) Resource was developed by the Tribal Law and Policy Institute in conjunction with Southwest Center for Law and Policy as a guide to creating cohesive policies between tribal agencies. Victims of sexual assault deserve a coordinated, comprehensive response from a variety of community agencies. This SART resource provides a starting point for developing victim-centered SART teams in your community.

HUD's Office of Native American Programs (ONAP) and the Tribal Law and Policy Institute identified the need for a comprehensive Tribal Legal Code Project which includes not only a comprehensive revised Tribal Housing Code, but also includes expanded tribal legal resource materials. Tribal governments need resource information concerning additional related tribal codes in order to facilitate housing and community development in Indian country. These additional related tribal codes might include zoning, land use and planning, building, commercial, corporations, environmental review, and probate codes. The following is an overview of the resources contained within this Tribal Legal Code Project:

Part One: Tribal Legal Infrastructure for Housing and Community Development in Indian Country
Part Two: Bibliography
Part Three: Tribal Housing Code
Part Four: Land Use and Planning
Part Five: Tribal Zoning Codes
Part Six: Tribal Building Codes
Part Seven: Commercial Codes
Part Eight: Tribal Corporations Codes
Part Nine: Environmental Review Codes
Part Ten: Tribal Probate Codes

 

 

 

 

 

 

 

 

 

Code Development: Process and Structure by American Indian Development Associates provides tribal juvenile code writers and developers an overview of issues to consider in the code development process.

  1. The Cherokee Code of The Eastern Band of The Cherokee Nation
  2. Chickasaw Nation Code has been posted by the Chickasaw Nation
  3. Colorado River Indian Tribes Tribal Laws and Ordinances posted by the Colorado River Indian Tribes.
  4. Confederated Salish and Kootenai Tribes of Montana Law and Order Code posted by Confederated Salish and Kootenai Tribes of Montana
  5. Confederated Tribes of the Colville Reservation Law and Order Code is posted by the Confederated Tribes of the Colville Reservation
  6. Confederated Tribes of Siletz Tribal Ordinances posted by Confederated Tribes of Siletz
  7. Confederated Tribes of Warm Springs Tribal Code posted by Confederated Tribes of Warm Springs
  8. Coquille Indian Tribe Tribal Code posted by Coquille Indian Tribe
  9. Fort Peck Tribes Tribal Code posted by the Fort Peck Tribes
  10. Ho-Chunk Nation Code has posted the Ho-Chunk Nation
  11. Hoopa Tribal Court Code posted by Hoopa Valley Tribe
  12. August 28, 2012 Hopi Tribal Code
  13. Jamestown S’Klallam Tribe Tribal Code posted by Jamestown S’Klallam Tribe
  14. Nez Perce Tribe Tribal Code posted by the Nez Perce Tribe
  15. Salt River Pima-Maricopa Indian Community Criminal Code and Enhanced Sentencing
  16. Sault Ste. Marie Tribe of Chippewa Indians Tribal Code (Updates since 11/15/05) posted by Sault Ste. Marie Tribe of Chippewa Indians
  17. Skokomish Tribal Code posted by the Skokomish Nation
  18. Stockbridge-Munsee Community Tribal Law is posted by Stockbridge-Munsee Community
  19. Tohono O'odham Nation Code is posted by the Legislative Council of the Tohono O’odham Nation
  20. Codes & Regulations of the Tulalip Nation posted by Tulalip Nation
  21. Turtle Mountain Code is published by Project Peacemaker
  22. White Mountain Apache Tribal Code posted by the White Mountain Apache Tribe
  23. Winnebago Tribal Court Code posted by Winnebago Nation
  24. Zuni Children's Code is posted by the Pueblo of Zuni

The National Indian Law Library (NILL) has posted the following Tribal Justice Codes:

  1. Absentee Shawnee
  2. Agua Caliente
  3. Ak-Chin
  4. Apache Tribe of Oklahoma
  5. Northern Arapaho
  6. Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana
  7. Bad River Band of the Lake Superior Tribe of Chippewa Indians
  8. Bay Mills
  9. Big Pine Band of Owens Valley Paiute Shoshone Indians
  10. Bishop Paiute
  11. Blackfeet Tribe
  12. Blue Lake Rancheria
  13. Bridgeport Paiute Indian Colony
  14. Burns Paiute Tribe
  15. Cabazon Band of Mission Indians
  16. Cachil Dehe Band of Wintun Indians of the Colusa Indian Community
  17. Caddo Nation of Oklahoma
  18. Cahto Indian Tribe of the Laytonville Rancheria
  19. Central Council Tlingit and Haida Indian Tribes of Alaska
  20. Cedarville Rancheria
  21. Chalkyitsik Village
  22. Cherokee Nation, Oklahoma
  23. Cheyenne-Arapaho Tribes of Oklahoma
  24. Cheyenne River Sioux Tribe
  25. Chickasaw Nation
  26. Chippewa-Cree Indians of the Rocky Boy's Reservation
  27. Chitimacha
  28. Citizen Potawatomi Nation
  29. Coeur D'Alene Tribe
  30. Colorado River Indian Tribes
  31. Colville
  32. Confederated Tribes of the Grand Ronde Community of Oregon
  33. Confederated Salish and Kootenai Tribes
  34. Confederated Tribes of Siletz Indians of Oregon
  35. Confederated Tribes of the Umatilla Indian Reservation
  36. Confederated Tribes and Bands of the Yakama Nation
  37. Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians
  38. Coquille Indian Tribe
  39. Coushatta Tribe of Louisiana
  40. Cow Creek Band of Umpqua Tribe of Indians
  41. Crow Creek Sioux Tribe
  42. Crow Tribe of Montana
  43. Death Valley Timbisha Shoshone Band of California
  44. Delaware Nation of Oklahoma
  45. Delaware Tribe of Indians
  46. Eastern Band of Cherokee Indians
  47. Elk Valley Rancheria
  48. Ely Shoshone
  49. Flandreau Santee Sioux of South Dakota
  50. Forest County Potawatomi Community
  51. Fort Belknap Indian Community
  52. Fort McDermitt Paiute and Shoshone Tribe
  53. Fort Mcdowell Yavapai Community
  54. Fort Mojave Indian Tribe
  55. Confederated Tribes of the Goshute Reservation
  56. Grand Traverse Band of Ottawa and Chippewa Indians
  57. Hochunk Nation
  58. Hoh Indian Tribe
  59. Hoopa Valley Indian Tribe
  60. Hopi Indian Tribe
  61. Hopland Band of Pomo Indians
  62. Hydaburg Cooperative Association
  63. Jamestown Sklallam Tribe
  64. Jicarilla Apache Nation
  65. Kaibab Band of Paiute Indians
  66. Kalispel Indian Community
  67. Lac du Flambeau Band of Lake Superior Chippewa Indians
  68. Las Vegas Paiute Tribe
  69. Little River Band of Ottawa Indians
  70. Lower Sioux Indian Community
  71. Little Traverse Bay Bands of Odawa Indians
  72. Lummi Nation
  73. Makah
  74. Mashantucket Pequot
  75. Mashpee Wampanoag Indian Tribe
  76. Mescalero Apache Tribe
  77. Metlakatla Indian Community
  78. Mille Lacs Band
  79. Mississippi Band of Choctaw Indians
  80. Muckleshoot Indian Tribe
  81. Native Village of Brevig Mission
  82. Native Village of Diomede
  83. Native Village of Gambell
  84. Native Village of Georgetown
  85. Native Village of Kluti Kaah
  86. Native Village of Koyuk
  87. Native Village of Marys Igloo
  88. Native Village of Shaktoolik
  89. Native Village of Saint Michael
  90. Native Village of Teller
  91. Native Village of White Mountain
  92. Nez Perce
  93. Ninilchik Village
  94. Nisqually
  95. Northern Cheyenne Tribe
  96. Nottawaseppi Huron Band of the Potawatomi
  97. Oglala Sioux Tribe
  98. Oneida Indian Nation
  99. Oneida Tribe of Indians of Wisconsin
  100. Paiute-Shoshone Tribe of the Fallon Reservation and Colony
  101. Pauma Band of Mission Indians
  102. Pawnee Nation of Oklahoma
  103. Pit River Tribe of California
  104. Poarch Band of Creeks
  105. Pokagon Band of Potawatomi Indians
  106. Ponca Tribe
  107. Prairie Band Potawatomi Nation
  108. Pueblo of San Ildefonso Pueblo
  109. Qagan Tayagungin Tribe of Sand Point
  110. Quinault Indian Nation
  111. Red Cliff Band of Lake Superior Chippewa
  112. Redding Rancheria
  113. Reno-Sparks Indian Colony
  114. Rincon Band of Luiseno Indians
  115. Rosebud Sioux Tribe
  116. Sac and Fox Tribe of the Mississippi in Iowa/Meskwaki Nation
  117. Saginaw Chippewa Indian Tribe of Michigan
  118. Santee Sioux Nation
  119. Sauk-Suiattle Indian Tribe
  120. Sault Ste. Marie Tribe of Chippewa Indians
  121. Seminole Nation of Oklahoma
  122. Shakopee Mdewakanton Sioux Community
  123. Shingle Springs Band of Miwok Indians
  124. Shoalwater Bay Indian Tribe
  125. Shoshone-Bannock Tribes
  126. Shoshone and Arapaho Tribes of the Wind River Indian Reservation
  127. Shoshone-Paiute Tribes
  128. Sisseton Wahpeton Oyate of The Lake Traverse Reservation
  129. Sitka Tribe of Alaska
  130. Skokomish
  131. Smith River Rancheria
  132. Snoqualmie Indian Tribe
  133. Southern Ute Indian Tribe
  134. Spirit Lake Tribe
  135. Spokane Tribe
  136. Squaxin Island Tribe
  137. Standing Rock Sioux
  138. Stockbridge-Munsee Community
  139. St. Regis Mohawk
  140. Susanville Indian Rancheria
  141. Swinomish
  142. Te-Moak Tribe of Western Shoshone Indians
  143. Three affiliated tribes of Fort Berthold Reservation
  144. Tohono O'odham Nation
  145. Torres Martinez Desert Cahuilla Indian Tribe
  146. Tulalip Tribes
  147. Turtle Mountain Band of Chippewa Indians
  148. Upper Skagit Indian Tribe
  149. Ute Indian Tribe of the Uintah and Ouray Reservation
  150. Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New Mexico and Utah
  151. Village Stony River
  152. Wampanoag Tribe of Gay Head
  153. Washoe Tribe of Nevada and California
  154. White Earth Nation
  155. White Mountain Apache
  156. Winnebago Tribe of Nebraska
  157. Winnemucca Indian Colony of Nevada
  158. Wyandotte Nation
  159. Yankton Sioux Nation
  160. Yavapai-Apache Nation
  161. Winnemucca Indian Colony of Nevada
  162. Yerington Paiute Tribe of the Yerington Colony and Campbell Ranch
  163. Yomba Shoshone Tribe
  164. Ysleta del Sur Pueblo
  165. Yurok Tribe
  166. Pueblo of Zuni

The Native American Constitution and Law Digitization Project is a joint project of the University of Oklahoma Law School, the National Indian Law Library (NILL) of the Native American Rights Fund, and Native American tribes. The following Tribal Codes can be found on this outstanding site.

  1. Absentee Shawnee Tribe of Oklahoma
  2. Hopi Code
  3. Oglala Sioux Tribe Law and Order Code
  4. Red Cliff Band of Lake Superior Chipeewas' Code
  5. Laws of the Confederated Salish and Kootenai Tribes, Codified (CSKT Laws Codified) (1999)
  6. San Ildefonso Pueblo Code
  7. White Mountain Apache Code, Revised 2000

The National Indian Law Library (NILL) will be obtaining print and CD-ROM copies of the recently published 2005 edition of the Navajo Nation Code Annotated. More information about this publication can be obtained by contacting the Navajo Nation Office of Legislative Council at 928-871-7166.

Sample or Model Codes

The following sample or model codes were not developed for any specific Indian Nation, but were intended to be used by tribal governments as a starting point which is to be built upon, modified and adapted according to the needs and customs of each individual Indian Nation. The majority of these sample codes provide options and commentaries for tribes to consider in evaluating and adapting the code to meet their specific needs.

  1. Model Tribal Sex Offender Registration Code Adobe Acrobat Reader is Required to View this File. was developed by the The SMART Office, with the assistance of a national panel of experts, has compiled this to assist registration jurisdictions as they endeavor to substantially implement SORNA. This is the final version of the Model Code and has been approved by the SMART Office. Any prior versions of this model code that a jurisdiction may rely on have omissions or other items that will need to be changed before it is adopted and implemented. We recommend that any Model Code, including this final version, be utilized as a guide and that each jurisdiction adapt and customize to their laws and practices. It is also available in Microsoft Word Format.
  2. Crimes Against American Indian/Alaska Native Children Resource Guide provides illustrative examples, narrative, and discussion questions. The discussion questions direct users through a tailoring process that will assure that the resulting draft statutory provisions reflect the needs and values of the tribal community that the targeted law serves.
  3. Sample Tribal Judicial Code is a sample judicial code developed in the Tanana Chiefs Region over the past several years.
  4. Model Tribal Juvenile Code was recently developed by the University of Washington Center of Indigenous Research and Justice.
  5. Model Tribal Head Start Health and Safety Code Adobe Acrobat Reader is Required to View this File. was developed by the Office of Environmental Health and Engineering in the Indian Health Service.
  6. Tribal Domestic Violence Full Faith and Credit Ordinance was developed by the Violence Against Women Online Resources.
  7. A sample Tribal Housing Code is available from the Tribal Law and Policy Institute for Download in Word format (this code is a 1999 revision of a code which was developed for HUD's Office of Native American Programs in 1996).
  8. A sample Tribal Juvenile Justice Code is available from the Tribal Court Clearinghouse for Download in Word 7 for Windows 95 format (This code was developed by the National Indian Justice Center for the Bureau of Indian Affairs in 1989).
  9. Model Tribal Research Code Adobe Acrobat Reader is Required to View this File. was developed by the American Indian Law Center, Inc., to assist tribes in adopting appropriate protections for their members when medical or sociological research was proposed to study tribal members.
  10. The Regional Tribal Justice Center has posted the following model codes:
    1. Model Tribal Air Quality Ordinance Adobe Acrobat Reader is Required to View this File.
    2. Model Tribal Solid Waste Disposal Ordinance Adobe Acrobat Reader is Required to View this File.
    3. Model Tribal Water Quality Ordinance Adobe Acrobat Reader is Required to View this File.
    4. Model Tribal Drinking Water Ordinance Adobe Acrobat Reader is Required to View this File.

Law Enforcement Protocol Guide: Sexual Assault (Including a Model Sexual Assault Protocol) was developed by the Tribal Law and Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the investigation of sexual assault crimes. Effective investigations increase the likelihood of victim participation and increase the probability of convictions in tribal, state, and/or federal courts. This guide focuses on the development of an internal protocol for law enforcement. A law enforcement protocol can enhance the efforts of all community agencies in addressing sexual violence. Once your tribal government has strong laws in place, this publication will help you create policies and protocols for your law enforcement agency to enforce your laws.

Prosecutor Protocol Guide: Sexual Assault (Including a Model Sexual Assault Protocol) was developed by the Tribal Law and Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the prosecution of sexual assault crimes. Holding offenders accountable for their actions is a key part of making your community safe. This publication is designed to help your prosecutor’s office ensure consistency and compassion for all survivors. This guide focuses on the development of an internal protocol for tribal prosecution. A prosecutor protocol can enhance the efforts of all community agencies in addressing sexual violence.

Tribal Code Development Resources

The Native American Constitution and Law Digitization Project is a joint project of the University of Oklahoma Law School, the National Indian Law Library of the Native American Rights Fund, and Native American tribes. This site has also posted the following Tribal Commercial Code Documents:

  1. The Committee on Liaison with Native American Tribes of the National Commissioners of Uniform State Laws Background of Committee and Project Adobe Acrobat Reader is Required to View this File.
  2. Tribal Secured Transactions Law - An Important Tool for Tribal Economic Development Adobe Acrobat Reader is Required to View this File.
  3. Draft Cherokee Nation Uniform Commercial Code by John Parris

 

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