tribal citizens to Indian nations and tribal jurisdiction are acknowledged in the Citizenship Clause of the Fourteenth Amendment. Elk v. Wilkins , 112 U.S. 94 (1884). Indian nations formed government-to-government relations with the United States through treaty-making. The Supreme Court holds that Indian tribes are “‘domestic dependent nations’ that exercise inherent sovereign authority over their members and territories.” Okla. Tax Comm'n v. Citizen Band Potawatomi Indian Tribe , 498 U.S. 505, 509 (1991) ( quoting Cherokee Nation v. Georgia , 30 U.S. (5 Pet.) 1, 17 (1831)). Sovereignty and inherent tribal self-government are the essence of Indian tribes. Talton v. Mayes , 163 U.S. 376 (1896). As the Eighth Circuit Court of Appeals explained: The authority of the Creek Nation to prescribe the terms upon which noncitizens may transact business within its borders did not have its origin in an act of Congress, treaty, or agreement of the United States. It was one of the inherent and essential attributes of its original sovereignty. It was a natural right of that people, indispensable to its autonomy as a distinct tribe or nation, and it must remain an attribute of its government…. Buster v. Wright , 135 F. 947, 950 (8 th Cir. 1905), appeal dismissed , 203 U.S. 599 (1906). Prior to the formation of the United States, our Indian nations held our own territory as an incident of inherent sovereignty. As Indian nations, Tribal Governments reserved homelands from among our original territory through treaty-making. Our Indian lands are held by our Tribal Governments for the “absolute and undisturbed” use of our Indian nations and our Indian citizens. Indian nations have inherent authority to manage Indian lands and territory, including the power to exclude any undesirable person from Indian lands. Merrion v. Jicarilla Apache Tribe , 455 U.S. 130 (1982); Worcester v. Georgia , 31 U.S. (Pet.) 515 (1832). Indian reservations, trust lands, and restricted fee lands are “Indian country” and Indian nation homelands. In treaties, the United States and Indian nations acknowledged Indian reservations as the “permanent home” of the Native people. “Indian country,” including all reservation land, is the geographic scope for Federal and Tribal Government Jurisdiction over Indian affairs. 18 U.S.C. § 1151 provides: the term “Indian country” … means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. The Supreme Court has repeatedly affirmed that all Indian reservation lands are Indian country, whether trust or fee land. Solem v. Bartlett , 465 U.S. 463 (1984); Nebraska v. Parker , 136 S. Ct. 1072 (2016). Like Indian reservations, Indian trust allotments are Indian country . When analyzing the right of tribal self-government over Indian trust allotments, in Oklahoma Tax Comm'n v. Sac & Fox Nation , 508 U.S. 114 (1993), the Supreme Court said, “ we ask only whether the land is Indian country .” Id . at 125. As the Supreme Court made abundantly clear, “Indian country” is the proper measure of tribal government jurisdiction and tribal governmental responsibility.
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