Indigenous Food and Agriculture: An Overview

Federal Native American law is a broad body of federal law and policy that deals with the unique relationship between the federal government and the various recognized tribes. This type of law has slowly developed since the founding of the country and the current status of today’s laws are tied in closely with the history of its development. The development of Federal Native American law has taken a winding route based upon the position of the federal government at a given time and these changes of position (often referred to as eras) still play an important role in modern legal issues. These cannot take one form they come from various cultural and social influence based upon the time and the place in which the legal issue surface.

The U.S. Constitution gives Congress the power under the Commerce Clause to regulate commerce with Indigenous Tribes and the President the power to negotiate treaties with the tribes. This means that it allows Congress to pass laws that affect Native American Tribes and gives the President the power to bargain with Indigenous Tribes, subject to Congressional approval of the treaties. Along with early Supreme Court decisions, the provisions found in the Constitution have effectively given the federal government the sole authority to regulate the tribes. The tribes also have a right to self-governance, subject only to the authority of the federal government, which gives rise to tribal laws, the internal laws that each tribe applies to its own members and affairs. This sovereign authority extends to tribal courts, which adjudicate matters relating to tribal affairs that occur within the boundary of the sovereign authority.

This unique relationship also affects federal agricultural laws and regulations that impact indigenous people and their tribes. The relationship creates differences, and as a result it is important to look closely at the statutes and regulations surrounding an issue to determine whether special circumstances exist that may alter the situation, which means that a sovereign indigenous government has the authority to pass laws that would change the outcome in a different Native American Government. Some federal laws allow for tribes to enforce them in place of the federal government much like a state. Other programs exist that impact tribal members on an individual level due to Native American Government’s different laws, as seen in the programs dealing with nutrition. These differences make it critical to carefully review the statutes and regulations surrounding any agricultural issue that relates to indigenous people.

Environmental regulation and land use issues are two major areas where indigenous involvement can change a situation, due to the conflict between federal law and tribal law. As mentioned above, there are situations when Native American law will override federal law, but in this area of Indigenous law usually prevails. Statutes provide statutory authority for states to enforce the guidelines, if they so choose, and this power may also be delegated to indigenous tribes. For example, the Clean Water Act  can create an issue if people in an area are trying to determine whether the federal government, state government, or a tribe has authority over a particular water resource. There are also many programs designed to assist individual indigenous people with securing loans, receiving adequate nutrition, and various other services. One current issue that is facing tribes across the country is the access to and the control over both surface and ground water.

The development of indigenous Iaw has closely entangled it with agricultural issues over the past fifty years. Programs exist at both the federal and tribal levels to cover a range of topics including conservation, land use, nutrition, forestry, finance and credit, civil rights, water law, and environmental concerns. It is important for tribal members and government officials to be aware of the numerous resources and requirements that exist for dealing with agricultural issues both at the local and national levels.