Native American legal rights

I know that Native American tribes have different rights on their reservations but I’m not sure how that works.

For example many of them now have casinos even when the state they are in doesn’t allow casinos. Here in NC the Cherokees have a casino but it was approved by the state. Why did the state have to approve it? Or was that just a formality? (they are building a 2nd casino soon and the state approved that one too)

Also with the Keystone pipeline the Sioux are claiming they can deny the right for it to pass through their land - that makes sense to me. But is that legally true?

The IGRA (Indian Gaming Regulatory Act) requires states to negotiate in good faith to establish guidelines for tribal gaming in states where other types of gaming (i.e. card rooms) is allowed. I believe there are paths for tribes to get a casino without such negotiations, or if the state doesn’t participate in good faith. Some tribes have just flaunted the process, but depending on the state, that might create some real controversy. As I recall, the State of Washington and the Spokane tribe went back and forth for quite awhile over slot machines. Ah yes, here’s an article about it.

I don’t think NC had any legal gambling before the Cherokee casino opened. We have a state lottery now but that started 10+ years after the casino.

Reservations are, by Treaty, sovereign entities. They are exempt from all laws (at least in theory).
I remember (late 50’s) seeing signs for dirt-cheap cigarettes along the highways near reservations.
I’m guessing the State gets a say because the Tribe would prefer to put their money-maker where most people would go - and out on a reservation in the middle of nowhere is not what they have in mind.
I know a CA Prop was about allowing Tribe X to put a casino in location Y was on the ballot a few years back.
Did not look up the Tribe or where it’s Reservation actually was.

They’re theoretically sovereign at the same level as the states themselves, so they’re still beholden to federal laws but should normally be exempt from state laws. However, a lot of the federal law that pertains to Indian Reservations stipulates cooperation with the state in which they’re located so in practice there are many, many ways in which tribal governments have to follow state law or otherwise work with the state government.

This is a myth, and has never been true. Tribal governments are subject to federal law. As is everything else under the jurisdiction of the United States.

Tribal constitutions must comply with federal law and be approved by the Dept. of the Interior. Tribal legislation is subject to judicial review in federal court. The Supreme Court hears appeals on cases involving tribal affairs.

Exactly where tribal government does and does not apply is a matter of some complexity. There are important differences between:

[ul]
[li]Tribal trust land: These are reservations under the legal jurisdiction of a tribal government, whose land is held in trust for the tribe by the federal government.[/li][li]Allotted lands: These were the “allotments” made to individual Indians under the Dawes Act that transferred parcels of land from reservations and which became subject to (some) state law[/li][li]Fee simple lands: This is land outside a reservation which is owned by a tribal government or member of a recognized tribe and may have encumbrances upon it, such as a covenant that forbids transfer without approval by the Dept. of the Interior.[/li][li]State reservations: Like trust land above, but held by a state government instead of the federal government.[/li][/ul]

Different baskets of rights and treaty obligations apply to each of these categories, and they’re different still between individual tribes and in different states. Exactly what is allowed on each type of land can vary considerably due to differences in land type, the surrounding state, differing tribal constitutions, and differing treaties.

For the specific case of Indian gaming, the Act mentioned by Procrustus requires cooperation with the surrounding state government in the form of a compact, which must be approved by the DOI.