The Uniform Law Commission has a special committee that drafts model codes for tribal enactment. Most recently, they’ve drafted a model tribal secured transactions act that is largely based on the UCC’s Article 9 with key changes intended to address unique tribal concerns. The committee is in the process of selecting another model code drafting project, and it’s soliciting input on which codes might be tackled next. If you’d like to suggest a model code drafting project for the committee, contact Tim Berg, the Committee’s chair.
Drafting proposals must be submitted by February 28, 2008, and can be sent to Tim Berg at TBerg@FCLAW.com.
I write with an admitted amount of skepticism and bias, because my only knowledge of NCCUSL has been the poorly-drafted protection order enforcement model law (which is not even compliant with VAWA), but am I correct in being concerned about efforts to develop “model” tribal codes? In my experience, boilerplates — whether they be codes or constitutions — have not served tribal governments well.
I worry that efforts to encourage tribes to adopt “model codes” has the potential to create more problems than it solves — and with tribal governments having such vast variations in terms of land, population, language, culture, etc. — there can never be a one-size fits all.
I’m also curious to know of the committee’s make-up and how many folks have backgrounds/affiliations with tribal governments?
Sarah Deer
P.S. I should have indicated that my posting reflects my personal opinions/questions — not necessarily those of the Tribal Law and Policy Institute.
I am also in agreement with Sarah Deere, I am frustrated with many Tribal Governments who do not see the critical need to establish sound codes that reflect their inherent rights further justifying their members traditionalism, culture, beliefs, historical artists writers, stories, dance, etc,.
A very important stand that all Indigenous of North America need to consider is the issue of Pass Ports and the Border Patrols authority to go through and wrangle our bundles of Pipes and medicine.
Our rights regarding Eagle Feathers and the developing Government Authority to have us pay for permits to carry these feathers. Personally, the feathers I have have come from my son’s funeral and through ceremonies it is what I give away that I get back. It should be no State of Federal business as to where my feathers came from and where I am going to use them.
Should non-Indian People have the authority to enter onto my reservation with-out a Pass Port or Back Ground check? Will our non 280 reservations turn into bedding grounds for State pedophiles and State Drug Dealers?