ResearchGuides: Native American Indian Law Research Guide: Federal Administrative Resources

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Marquette University's Land and Water Acknowledgement

Marquette University’s land and water acknowledgment is a statement that developed over weeks of reflection and conversation led by Indigenous student leadership with key faculty and staff. The statement recognizes the long history of Native people and nations that lived on and stewarded the land and water where the university now resides. It also celebrates the unbroken connection Native people and nations still have to this land and waterways, their traditional territories.

Federal Administrative Resources

Administrative law is created by government agencies charged with the authority to create rules and regulations. Federal administrative law includes not only regulations but also decisions made by federal agency/department boards, bureaus and commissions. Federal administrative agencies/departments with responsibility for Native American nations are listed below. Administrative agency decisions related to Native Americans are also listed below. The lists are meant to serve as examples and are not a complete listing of all federal agencies or federal agency decisions.

FEDERAL ADMINISTRATIVE REGULATIONS

Code of Federal Regulations by Office of the Federal Register
Call Number: KF70 .A1

Available online...
Electronic Code of Federal Regulations (eCFR);
GovInfo;
HeinOnline (subscription database);
Lexis (subscription database);
Westlaw (subscription database)

Publication Date: 1936-

Codification of the general and permanent rules published in the Federal Register is divided into 50 titles that represent the broad areas subject to federal regulation. Title 25 pertains to Indians.
Federal Register by Office of the Federal Register
Call Number: KF70 .A2

Available online...
HeinOnline (1936- ) (subscription database);
GovInfo (1936- );
Lexis (1936- ) (subscription database)

Publication Date: 1936-

The Federal Register is the official daily publication for rules, proposed rules and notices of federal agencies and organizations.
Latest two calendar years are in the stacks; previous years in archives from September, 2000.
Beginning with the creation of the Federal Register in 1936, historical documents are indexed and included in the Register. Most executive orders and proclamations are published here. The titles are listed in the table of contents under the "Presidential Documents" heading and their numbers are listed in the tables of CFR parts for each issue and the monthly cumulative table in each issue.

FEDERAL ADMINISTRATIVE AGENCIES

The following federal agencies have responsibility for some aspect of Native American Indian regulation.

National Indian Gaming Commission
The Commission is an independent federal regulatory agency with the mission of regulating gaming on Indian lands. The website includes a section on Laws and Regulations.
United States Department of the Interior
Regulations of the United States Department of the Interior, its Bureau of Indian Affairs and other boards, commissions and offices of the Interior Department, have the authority over Native American Indian issues.
United States Department of the Interior - Bureau of Indian Affairs
Originally part of the War Department, the Bureau of Indian Affairs is now part of the Department of the Interior. Its role is to assist Native Americans to manage their affairs under the trust relationship with the Federal Government, assist in the development of resources, mobilize public and private aids to the advancement of Indians and to promote self-determination. The trust relationship between the United States and Native American Indian tribes refers to the federal government's obligation to protect the safety and well-being of Indian tribes in return for the tribes giving up their lands.
United States Department of Justice - Office of Tribal Justice
The Office of Tribal Justice is the primary point of contact for the Justice Department when handling issues related to federally-recognized Indian tribes. It advises the Department on legal and policy matters involving Native Americans. The website includes a Pressroom section providing updates on issues of interest and a list of links to other Federal Resources pertaining to Native Indians.
United States Department of the Interior - Bureau of Trust Funds Administration
Established in 1994, the Office of the Special Trustee for American Indians (OST) was created to improve the accountability and management of Indian funds in trust by the federal government. A searchable Tribal Document Archive is included on the website.
United States Internal Revenue Service - Office of Indian Tribal Governments
The Office of Tribal Governments within the Internal Revenue Service was established to help Indian tribes deal with federal tax matters, providing a single point of contact and service. The site includes Revenue Rulings, Private Letter Rulings, Tax Court cases and Internal Revenue Code sections as they relate to tribal governments.

FEDERAL ADMINISTRATIVE DECISIONS

Indian Claims Commission Decisions
The Indian Claims Commission Act of 1946 created the Indian Claims Commission as a mechanism for ending certain types of Indian claims against the United States. The Act established the types of claims for "unconscionable consideration" where the government paid an amount for Indian ceded land for significantly less than fair market value, claims for "breach of fair and honorable dealings" and moral claims. The Commission was in existence from 1946-1978. During those years, 370 claims were filed and the Commission issued 43 volumes of opinions and orders. Any unresolved claims at the time of the Commission's dissolution were transferred to the United States Court of Federal Claims.
Indian Law Reporter
Call Number: KF8203.4 .I53

Publication Date: 1974-

Library Has 2001-2013
The Indian Law Reporter reports on cases from administrative agencies and federal, state and tribal courts.
United States Court of Federal Claims Opinions/Orders
After 1978, and the dissolution of the Indian Claims Commission, Indian claims have been filed with the Court of Federal Claims. See also: the Federal Judicial Resources section of the Federal Resources tab of this guide.
Also:
Lexis (username and password required)
United States Department of the Interior:
Land decisions prior to the creation of the Board of Indian Appeals in 1970.

United States Department of the Interior

Land decisions prior to the creation of the Board of Indian Appeals (1881-1969)

Decisions of the Department of the Interior and the General Land Office in Cases Relating to the Public Lands (1881-1909) by United States Department of the Interior
Call Number: KF5501 .A557 I65

Public lands decisions for 1881-1909.
Also:
Hein Online (connect from catalog record)
LLMC Digital (connect from catalog record)
Decisions of the Department of the Interior in Cases Relating to the Public Lands (1910-1931) by United States Department of the Interior
Decisions in public lands cases from 1910-1931.
Also:
LLMC Digital (connect from catalog record)
Decisions of the Department of the Interior (1933-1961) by United States Department of the Interior
Call Number: KF5501.A557 I65

Decisions of the Department for the years 1933-1961.
Also:
LLMC Digital (connect from catalog record)
Decisions of the United States Department of the Interior (1962- )
Call Number: KF5501.A557 I65

Library has volumes 68-100. Decisions of the Department of the Interior from 1962 forward.
Also:
LLMC Digital (connect from catalog record)
Index-Digest: United Staes Department of the Interior, Office of Hearings and Appeals [and] Office of the Solicitor by United States Department of the Interior, Office of Hearings and Appeals
Call Number: KF 5501 .A57 I65

Publication Date: 1971-

Law Library has Jan.-June 1984-1995 in paper
Law Library has Jan.-Dec. 1990-1992 in microfiche
The Index-Digest covers all the published and all the important unpublished decisions and opinions of the Department of the Interior.
Decisions of the Interior Department Prior to Interior Board of Indian Appeals (Before 1970)
Some departmental decisions in Indian matters prior to 1970 can be found in "Decisions of the Department of the Interior Relating to Public Lands" (generally referred to as Lands Decisions or LD; July 1881 through December 1929) and "Decisions of the Department of the Interior" (generally referred to as Interior Decisions or ID; after January 1930).

United States Department of the Interior - Board of Indian Appeals (1970- )

The Department of the Interior's Board of Indian Appeals is an appellate review board for decisions made by the Bureau of Indian Affairs regarding tribal government disputes, economic development, treaty rights, Indian lands and probate cases.

Decisons of the Interior Board of Indian Appeals by United States Department of the Interior Board of Indian Apepals
Publication Date: 1970-

Decisions for appeals beginning in 1970.
Connect to LLMC Digital from catalog record.
Also:
United States Department of the Interior Office of Hearings and Appeals
Westlaw (username and password required)
United States Department of the Interior - Board of Land Appeals
The Indian Board of Land Appeals is an appellate review body for decisions made primarily by the Bureau of Land Management regarding use and disposition of public lands and their resources. Search the database for decisions beginning in 1970.
United States Department of the Interior - Bureau of Indian Affairs, Office of Federal Acknowledgment
The Office of Federal Acknowledgment implements part 83 of Title 25 of the Code of Federal Regulations, "Procedures for Establishing that an American Indian Group Exists as an Indian Tribe." The acknowledgment process involves administratively giving "acknowledgment" status to those groups meeting the criteria of Indian tribes which then are eligible to receive services provided to members of federally-recognized tribes.
The list begins with information from 1980.
Also:
Lexis and Westlaw (username and password required)
United States Department of the Interior - Office of the Solicitor
The Solicitor's Office performs the legal work for the United States Department of the Interior. The Secretary of the Interior is its primary client. The Office provides advice, council and legal representation to the Office of the Secretary, the Assistant Secretaries, and all other bureaus and offices overseen by the Secretary.
Opinions of the Solicitor of the Department of Interior Relating to Indian Affairs 1917-1974 [electronic]
Connect to LLMC Digital from the catalog record.
Also:
Lexis (username and password required)
United States Department of the Interior - Office of the Solicitor, Solicitor's Opinions (1993- )
Solicitor's opinions from 1993 forward.