What are the legal obligations of states to tribes and Native American resources?

Native American tribes have a unique legal relationship with the United States government because of their recognized sovereignty. In New York, the legal obligations of the state to tribes and Native American resources are outlined in the New York State Constitution and various federal laws. The state of New York is legally obligated to protect the sovereignty of Native American nations and tribes within its borders, recognizing them as “distinct, independent, sovereign political communities”. This means that the state is obliged to honor treaties signed between the tribes and the federal government and to recognize tribal watershed and hunting and fishing rights, among other things. New York is also required to protect Native American resources, such as lands, resources, artifacts, and cultural sites. This is done through legislation to prevent environmental degradation, protect tribal heritage sites, and prevent the destruction or removal of artifacts or cultural sites. In addition, the state has several laws to protect the rights of Native Americans by guaranteeing tribal members access to various programs and services, such as health care, education, welfare, and voting rights. The state is also required to protect Native American property rights, including land and water rights. Overall, New York has legal obligations to respect the sovereignty of Native American tribes and to protect Native American resources, lands, and culturally significant sites. This serves to ensure that tribal members are able to access needed services and to preserve their culture.

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What are the legal obligations of states to tribes and Native American resources?

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