Territory & Jurisdiction

purpose

Define the geographic area belonging to and/or under the jurisdiction of a governmental authority.

examples

Tohono O'odham Nation (1986)

Section1. The sovereign powers, authority and jurisdiction of the Tohono O'odham Nation and of its government shall extend to all lands within the boundaries of the Tohono O'odham Nation established by Executive Orders: December 12, 1882, modified June 17, 1909 (Gila Bend); July 1, 1874 (San Xavier); February 1, 1917; the Act of February 21, 1931 (Sells); the Act of September 10, 1978 (Florence); and to such other lands as may have been or may hereafter be added thereto by purchase, gift, Act of Congress or otherwise. Section 2. The sovereign powers, authority and jurisdiction of the Tohono O'odham Nation and its government shall extend to all persons and activities carried on within the boundaries of the Tohono O'odham Nation consistent with federal law.

Section 3. The sovereign powers, authority and jurisdiction of the Tohono O'odham Nation and its government over members of the Tohono O'odham Nation shall extend beyond the geographical boundaries of the Tohono O'odham Nation.

Lumbee Tribe of North Carolina (2003)

1. The territory of the Lumbee Tribe of North Carolina shall include Robeson, Hoke, Scotland, and Cumberland Counties, North Carolina;

2. The Tribe's jurisdiction shall extend to the fullest extend possible under Federal law to:

a) all enrolled members of the Tribe, without regard to location or residence; and

b) all persons, property, and activities located or taking place upon the Tribe's territory.

Chickasaw Nation (2002)

We, the people of the Chickasaw Nation…ordain, and establish this Constitution for our government, within the following limits, to-wit:

Beginning on the north bank of Red River, at the mouth of Island Bayou, where it empties into Red River, about twenty-six miles on a straight line below the mouth of False Washita, thence running a northwesterly course along the main channel of said bayou to the junction of the three prongs of said bayou nearest the dividing ridge between Washita and Low Blue Rivers, as laid down on Captain R.L. Hunter's map; thence northerly along the eastern prong of said Island Bayou to its source; thence due north to the Canadian River; thence west along the main Canadian to the ninety-eighth degree of west longitude; thence south to Red River and thence down Red River to the beginning;

Provided; however, if a line running due north from the eastern source of Island Bayou to the main Canadian, shall not include Allen's or Wapanucka Academy within the Chickasaw District, then an off-set shall be made from said line, so as to leave said academy two miles within the Chickasaw District, north, west and south from the lines of boundary.

key concepts

Regardless of whether other governments may agree, be specific as to whom, what, and where the Nation asserts its jurisdiction

points to consider

• Administration of fee and joint use areas

• Foundations often lie in treaty rights

• Status of historic and traditional lands and rights

• Claimed jurisdiction over off-reservation citizens