11.6: Tribal Governments

Native Americans

109 federally recognized tribes reside in California. US law states these tribes are sovereign, meaning they are not “creatures of the state” of California. Instead, they are sovereign nations like the United States or other countries. Federal law and courts have established the parameters of law and policy on tribal lands. Tribal governments administer them under the jurisdiction of the Bureau of Indian Affairs of the federal government. Federal laws and court decisions introduce autonomy for tribes in many areas of civil law. In California, as in several other states, the federal government has stipulated that states and tribes jointly share authority over many criminal matters.

In the last twenty years, tribes have become much more prominent in California politics because of gaming. After the US Supreme Court ruled in 1987 that tribes have a right to develop gambling businesses on their land, Congress passed the Indian Gaming Regulatory Act. This Act stipulated that tribes must negotiate compacts with states specifying the kind and extent of gambling to be allowed. The tribes gained a new source of revenue, and the states also benefited from new tax revenue. The new wealth derived from casinos has enabled tribes to become significant players in state politics using advertising and campaign donations.