“Government-to-Government Relationship”

The "government-to-government relationship" is a foundational principle in federal Indian law. It signifies the way the United States federal government interacts with federally recognized Native American tribes. Here's a breakdown:  

• Recognition of Sovereignty:

  • It acknowledges that federally recognized tribes are sovereign entities, meaning they have the inherent right to self-govern. This recognition places them in a political relationship with the U.S. government, similar to that between nations.  

• Direct Interaction:

  • This relationship mandates that the federal government deal directly with tribal governments on matters that affect them. This includes policy development, program implementation, and resource management.  

• Consultation:

  • A key aspect of the government-to-government relationship is the obligation of the federal government to consult with tribal governments on decisions that may impact them. This consultation must be meaningful and conducted in good faith.  

• Legal Basis:

  • This relationship is grounded in the U.S. Constitution, treaties, federal statutes, and court decisions that recognize tribal sovereignty.  

• Practical Implications:

  • In practice, this means that:

    • Federal agencies must engage with tribal leaders when developing policies that affect tribal lands or people.  

    • Tribal governments have a role in managing programs and services that serve their communities.  

    • There is an emphasis on respecting tribal self-determination.  

In essence, the government-to-government relationship aims to uphold tribal sovereignty and ensure that the federal government respects the rights and interests of Native American tribes.