What are the legal rights of federally recognized tribes?

Tribal rights are protected under federal law for federally recognized tribes in Missouri. The primary law protecting the legal rights of federally recognized tribes is the federal Indian Civil Rights Act of 1968 (ICRA). Under ICRA, federally recognized tribes have the right to self-governance, self-determination, and sovereignty. This includes the ability to make policy decisions, create laws, establish tribal courts, and engage in other activities to govern the tribe. Tribes may also exercise their inherent powers to regulate tribal resources, including hunting, fishing, and gathering rights. In addition to ICRA, tribes may have additional legal rights based on treaties, consent decrees, judicial decisions, and other agreements between individual tribes and the federal government. Many tribes have rights related to land use, water rights, and the ability to hunt or fish on their lands. For example, the Osage Nation has federal recognition and the right to hunt and fish on its lands. The Tribal Court of Indian Offenses also provides additional legal rights to federally recognized tribes in Missouri. The court protects and enforces tribal laws, provides an impartial hearing to parties in disputes, and makes sure that tribal members accused of violating tribal laws receive adequate and fair legal representation. Tribal members also have rights under the U.S. Constitution, including the rights to free speech, assembly, practice religion, and due process in criminal proceedings. Federally recognized tribes in Missouri are also protected by state law from discrimination. This means that it is illegal for governmental entities or private individuals to discriminate against tribal members on the basis of their race, religion, or nationality.

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