Improving the Relationship Between Indian Nations, the Federal Government, and State Governments: Developing and Implementing Cooperative Agreements or Memorandums of Understanding

• NCJ Number: 213166
• Author(s): Jerry Gardner Esq.
• Date Published: March 2000
• Length: 16 pages
• Grant Number(s): 97-VI-GX-0002
• Sponsoring Agency: Office for Victims of Crime (OVC)
• Sale Source: Ctr on Child Abuse and Neglect
• Publication Format: Document
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. Downloaded February 27, 2006.

Annotation

This paper outlines a plan for improving the relationship between Indian Nations, the Federal Government, and State governments that features the development and implementation of cooperative agreements or memorandums of understanding.

Abstract

The paper first discusses the unique sovereign status of Indian Nations. The basic concepts of this sovereign status are outlined in the congressional findings included in the 1993 Indian Tribal Justice Act. In April 1994, President Clinton reinforced the longstanding Federal policy of support for self-determination for Indian Nations by directing Federal agencies to deal with Indian Nations on a government-to-government basis when tribal governmental or treaty rights are at issue. The paper's second section addresses contemporary problems in the relationship between Indian Nations, the Federal Government, and State governments. Problems identified are the historic oppression of Native Peoples; historic mistrust between tribal, State, and Federal Governments; cultural differences; the high crime rate in Indian Country; jurisdictional complexities and limitations in Indian Country; coordination of the investigation and prosecution of criminal cases in Indian Country; problems with cross-recognition of judgments, final orders, laws, and public acts between tribal, State, and Federal courts; the lack of knowledge and contact with tribal criminal justice systems; inadequately funded tribal criminal justice systems; and the lack of facilities/resources and isolated rural locations of most Indian reservations. The paper's third section provides recent examples of efforts to improve the relationship between Indian Nations, the Federal Government, and State governments. These include congressionally authorized or mandated cooperation (1978-present), Tribal/State/Federal court forums (1991-present), and U.S. Department of Justice initiatives (1990-present). Remaining sections discuss the potential use of cooperative agreements in improving the relationship between Indian Nations, the Federal Government, and State governments, as well as tips for the development and implementation of cooperative agreements. A list of 15 resources