Massachusetts laws
MGL c. 6, § 12I American Indian heritage week
MGL c. 6, § 12VV Native American Day
MGL c. 6A, § 8A Commission on Indian affairs; membership; functions
MGL c. 21A, § 18 Tribal housing authorities, fees and technical assistance from DEP
MGL c. 23K, § 67 Negotiation with Indian tribes to establish gaming on tribal land
MGL c. 26, § 8L Regarding Indian Health Care Improvement Reauthorization and Extension Act of 2009
MGL c. 38, § 6 Unmarked human skeletal remains
MGL c. 114, § 17 Preservation of ancient burial places
Federal laws, regulations, and opinions
Laws
18 U.S.C., Chapter 53 Crimes--Indians
25 U.S.C. Indians
42 U.S.C., Chapter 22 Indian hospitals and health facilities
Regulations
25 C.F.R. Indians
Opinions
The meaning of “under federal jurisdiction” for purposes of the Indian Reorganization Act, United States Department of the Interior, Office of the Solicitor, Memorandum: M-37029 (March 12, 2014).
The phrase “under federal jurisdiction” in the Indian Reorganization Act of 1934 is ambiguous, so the Department should interpret tribal status “on a case by case basis”, and in view of regulations passed in 1978 and thereafter providing procedures by which tribal entities can demonstrate their status as Indian tribes.
Forms
Certificate of degree of Indian or Alaskan Native American blood (CDIB)
Application form and instructions. Also known as the “Native American Card.” For Native Americans in the U.S., having a CDIB card entitles you to benefits, from financial and legal resources to family and health-related benefits. Sign and date the application and return it to the United States Department of the Interior Bureau of Indian Affairs for approval.
Tribal Courts and governance
Mashpee Wampanoag Tribal Council
483 Great Neck Road, South
Mashpee, MA 02649
Phone: (508) 477-0208 Ext. 109
Wampanoag Tribe of Gay Head Tribal Council
20 Black Brook Road
Aquinnah, MA 02535-1546
Phone (508) 645-9299
State and federal government agencies
State
Massachusetts Commission on Indian Affairs
"[T]he fundamental role [of the Commission] is to assist Native American individuals, tribes and organizations in their relationship with state and local government agencies and to advise the Commonwealth in matters pertaining to Native Americans."
Federal
Indian Health Service, U.S. Department of Health and Human Services.
Responsible for providing federal health services to American Indians and Alaska Natives.
Office of Tribal Justice, U.S. Department of Justice.
The Office of Tribal Justice (OTJ) was initially formed in 1995 in response to requests from Tribal leaders for a dedicated point of contact for Indian country-specific legal and policy matters. The Office became permanent in 2010 with the passage of the Tribal Law and Order Act, 25 USC § 3665a (2010).
United States Department of the Interior, Bureau of Indian Affairs
The Bureau of Indian Affairs’ mission is to enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes and Alaska Natives.
Selected cases
Adoption of Arnold, 50 Mass. App. Ct. 743 (2001)
Termination of parental rights under the Indian Child Welfare Act.
Commonwealth v. Maxim, 45 Mass. App. Ct. 49 (1998) and 429 Mass. 287 (1999)
Fishing Rights.
Haaland v. Brackeen, 599 U.S. 255 (2023)
The Indian Child Welfare Act (IWCA), which requires a state court to place an Indian child with an Indian caretaker, if one is available, is not unconstitutional.
Mashpee Wampanoag Tribe v. Bernhardt, 466 F. Supp. 3d 199 (2020)
The Department of Interior’s rescinding of the tribe’s reservation status in March 2020 was “arbitrary, capricious, an abuse of discretion, and contrary to law”. The Court ordered the Department to issue a different order in conformity to a 2014 M-Opinion (M-37029) standard, by which Indian tribes’ status could be determined “on a case by case basis given a tribe’s unique history” regardless of whether they were federally recognized in 1934 at the time of the Indian Reorganization Act.
United States v. Cooley, 593 U.S. 345 (2021)
"A tribal police officer has authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law."
Wampanoag Tribe of Gay Head (Aquinnah) v. Mass Com’n Against Discrim., 63 F. Supp 2d 119 (1999)
Concerns sovereign immunity of the Tribe.
Web sources
American Indian law & culture, UConn School of Law, Thomas J. Meskill Law Library.
Explains the difference between Indian Law and Tribal Law, and provides links to other research guides and Resource and Practice Centers.
National Indian Law Library
A law library dedicated to federal Indian and tribal law. Assists the public with any Indian law focused issues through their collection of Indian Law resources. Affiliated with the Native American Rights Fund.
Native American Law: Federal law, legislative history, agencies, New England Law.
A compilation of federal and tribal laws, treaties, government agencies, and research resources.
Tax information for Indian Tribal Governments, Internal Revenue Office of Indian Tribal Governments.
ITG is the single point of contact with the Internal Revenue Service for Indian Tribal Governments and tribal associates. Information on tax topics and programs for tribes.
Treaties Between the United States and Native Americans, Lillian Goldman Law Library, Yale Law School.
Provides the text to historical treaties from 1778 through 1868.
Tribal Court clearinghouse, a project of the Tribal Law and Policy Institute.
“One of the most comprehensive websites on tribal justice system issues, and includes a wealth of tribal, state and federal resources.” Includes a good explanation of Tribal Courts with a directory.
News articles
Feds drop legal battle over tribe's reservation status, WBUR, February 20, 2021.
"The Mashpee Wampanoag Tribe scored a legal victory ... when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe's land in Massachusetts."
Feds revoking reservation status for tribe’s 300 acres, Associated Press, March 30, 2020.
The “U.S. Court of Appeals in Boston upheld a lower court decision declaring the federal government had not been authorized to take land into trust for the Cape Cod-based tribe… The Mashpee Wampanoag tribe…argues a separate lawsuit filed in federal court in Washington, D.C., is still pending.”
Legislature votes to repeal 1675 Hub ban on Indians, Boston.com, May 20, 2005.
"The Legislature yesterday voted to repeal a 330-year-old law banning Native Americans from entering Boston, removing a potential obstacle cited by a group of minority journalists reluctant to consider holding a convention here." Note: You must be online in Massachusetts in order to access this link.
Print sources
American Indian law in a nutshell, by William C. Canby, Jr., West Academic Publishing, 2020.
Cohen's handbook of federal Indian law, LexisNexis, 2012 with supplements.
Restatement of the law, the law of American Indians, American Law Institute, 2022 with supplements.
Contact for Massachusetts law about American Indians
Online
| Last updated: | September 30, 2024 |
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