Most federally recognized tribes are organized under the Indian Reorganization Act (IRA) of 1934 (25 U.S.C. 461 et seq.), including a number of Alaska Native villages, which adopted formal governing documents under the provisions of a 1936 amendment to the IRA. The passage in 1971 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601), however, provided for the creation of regional and village corporations under state law to manage the money and lands granted to Alaska Natives by the act. The Oklahoma Indian Welfare Act of 1936 provided for the organization of Indian tribes within the State of Oklahoma.
Many tribes have constitutions, others operate under articles of association or other bodies of law, and some have found a way to combine their traditional systems of government within a modern governmental framework. Some do not operate under any of these acts, but are nevertheless organized under documents approved by the Secretary of the Interior. Contemporary tribal governments are usually, but not always, modeled upon the federal system of the three branches: Legislative, Executive, and Judicial.
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The chief executive of a tribe is usually called a chairman, chairwoman or chairperson, but may also be called a principal chief, governor, president, mayor, spokesperson, or representative. The chief executive presides over the tribe’s legislative body and executive branch. In modern tribal government, the chief executive and members of the tribal council or business committee are almost always elected.
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A tribe’s legislative body is usually called a tribal council, a village council, or a tribal business committee. It is comprised of tribal members who are elected by eligible tribal voters. In some tribes, the council is comprised of all eligible adult tribal members. Although some tribes require a referendum by their members to enact laws, a tribal council generally acts as any other legislative body in creating laws, authorizing expenditures, appropriating funds, and conducting oversight of activities carried out by the chief executive and tribal government employees. An elected tribal council and chief executive, recognized as such by the Secretary of the Interior, have authority to speak and act for the tribe as a whole, and to represent it in negotiations with federal, state, and local governments.
Furthermore, many tribes have established, or are building, their judicial branch – the tribal court system – to interpret tribal laws and administer justice.
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