INDIAN LAW
Native Americans comprise approximately
six per cent of Montana's population. They are members of seven federally
recognized tribes: Crow, Northern Cheyenne, Blackfeet, Chippewa Cree, Confederated
Salish and Kootenai, Assiniboine and Sioux, and the Gros Ventre and Assiniboine.
Additionally, the Little Shell Band, composed of Chippewa and Cree Indians,
is in the process of seeking federal recognition from the United States Department
of Interior.
There are also seven reservations within
the borders of the State of Montana, in all occupying over eight million
acres of land. The Native American is therefore a prominent force in Montana
in all areas, including economic, political, and social aspects. Although
the United States Constitution vests the federal government with exclusive
authority over relations with Indian tribes, the various tribes have varying
degrees of authority to enforce their own substantive law in internal matters
on their own reservations. Thus, Indian law may present very unique questions
involving conflicts among federal, state, and tribal law.
Members
of Moulton Bellingham have regularly been involved with many significant
questions involving Indian law, and several lawyers in the firm are members
of the bar of this area's tribal courts. An excellent discussion of Indian
Law, tribal sovereignty, and Montana's Indian tribes in general has been
published on the web by the Montana Legislative Council. It is entitled, "The
Tribal Nations of Montana, a Handbook for Legislators," and can be viewed
by clicking its title.