APRIL 2024 | 27 THE OKLAHOMA BAR JOURNAL understanding of this balance allows the tribal practitioner to draft language that accounts for any limitations imposed by Congress and eliminates any competing state interests. The fifth step is to determine what judicial body of law may limit the tribe’s ability to exercise its jurisdiction. When drafting criminal legislation, the tribal practitioner should implement criminal sanctions that assure that its members are adequately protected. This may include traditional and ceremonial forms of restorative justice. Many tribal nations have developed peacemakers courts to achieve traditional restorative justice. The tribal practitioner should also consider alternative options for if the federal government chooses not to enforce its laws. When drafting civil legislation, the tribal practitioner should incorporate language that clearly defines when a consensual relationship is established between the nonmember and the tribe or one of its members. This is imperative as the inclusion of the language links a tribe’s inherent authority to regulate the conduct of nonmembers within its reservation to the established judicial authority. The sixth step requires the tribal practitioner to utilize the tools of statutory construction to effectively draft language that remedies the situation the tribe is confronted with while balancing the competing interests of the four sources of authority. CONCLUSION To protect and preserve the tribe’s culture, tribal practitioners must bridge the gaps between the legislation’s mission or purpose and the four sources of authority. To bridge the gaps, tribal practitioners must spend ample time learning and understanding what the tribe is trying to accomplish and then develop that mission within the bounds of the four sources of authority. Author’s Note: This article is written in my individual capacity and is not to be construed as the opinion of the Choctaw Nation of Oklahoma. ABOUT THE AUTHOR Chloe M. Moyer is from Idabel and a proud citizen of the Choctaw Nation of Oklahoma. She received her Bachelor of Business Administration (accounting) from Northeastern State University in 2018 and her J.D. from the OCU School of Law in 2021. She currently serves as a government attorney for the Choctaw Nation of Oklahoma. Ms. Moyer is also a proud board member of the Chahta Foundation and enjoys serving her Native community. ENDNOTES 1. “A Beginner’s Guide to Legislative Drafting,” Harvard L. Sch. J. on Legis., (Oct. 24, 2016), https://bit.ly/42TYpAU. 2. See Gregory Bigler, “Traditional Jurisprudence and Protection of Our Society: A Jurisgenerative Tail,” (March 14, 2018). Am. Indian L. Rev., 43 Am. Indian L. Rev. 1 (2018). Available at SSRN: https://ssrn.com/abstract=3137355. 3. John Douglas Belshaw, Sarah Nickel and Dr. Chelsea Horton, Histories of Indigenous Peoples and Canada, Thompson Rivers University, https://bit.ly/4bPhLeC (last visited Jan. 15, 2024). 4. Id. 5. Zach Parrot, “Indigenous Peoples in Canada,” The Canadian Encyclopedia, https://bit.ly/49P92Hr (last edited Nov. 28, 2023). 6. See Chloe Moyer, “An Oklahoma Tribal Employer’s Guide to Conducting Business in the Tenth Circuit,” Okla. City Univ. Sch. of L. 215, 224 (May 2021); Kaighn Smith Jr., Labor and Employment Law in Indian Country at 23-24 (Richard Guest et al. eds., 2011). 7. See id.; Smith, supra note 6, at 25 (discussing United States v. Wheeler, 435 U.S. 313 (1978)). 8. Smith, supra note 6, at 24 (citing Powers of Indian Tribes, 55 Interior Dec. I4, 65-66 (1934)). 9. Carole E. Goldbergambrose, “American Indians And The Constitution,” (available at https://bit.ly/3SUaAt1) (1986). 10. U.S. Const. art I, §8, cl. 3. 11. U.S. Const. art I, §2, cl. 3; id. amend. XIV, §2. 12. U.S. Const. art II, §2, cl. 2. 13. “About Treaties,” United States Senate, https://bit.ly/42S97aW, (last visited Jan. 15, 2024). 14. See Chloe Moyer, “An Oklahoma Tribal Employer’s Guide to Conducting Business in the Tenth Circuit,” Okla. City Univ. Sch. of L. 215, 224 (May 2021); See generally Cohen’s Handbook of Federal Indian Law (Nell Jessup Newton ed., 2012). 15. “Native American Ownership and Governance of Natural Resources,” Natural Resources Revenue Data, https://bit.ly/3wwqsdy (last visited Jan. 15, 2024). 16. Id. 17. Goldbergambrose, supra note 9. 18. See Chloe Moyer, “An Oklahoma Tribal Employer’s Guide to Conducting Business in the Tenth Circuit,” Okla. City Univ. Sch. of L. 215, 224 (May 2021); Kaighn Smith Jr., Labor and Employment Law in Indian Country at 25 (Richard Guest et al. eds., 2011) (citing United States v. Wheeler, 435 U.S. 313 (1978)). 19. Id. 20. “Tribes Approved for Treatment as a State (TAS),” Environmental Protection Agency, https://bit.ly/3wsJjpL (last visited Jan. 15, 2024). 21. Id. 22. Id. 23. Id. 24. Id. 25. Id. 26. Arvo Q. Mikkanen, “Indian Country Criminal Jurisdictional Chart” (December 2010 version), https://bit.ly/3TgC3oL. 27. See id. 28. Id. 29. Graham Lee Brewer, “The Supreme Court gave states more power over tribal land. Tribes say that undermines their autonomy.” NBC News (June 30, 2022, 11:52 a.m.), https://bit.ly/3IheUxv. 30. Pat Sekaquaptewa, Roe Bubar and JoAnne Cook, Resource Guide and Workbook for Drafting New or Amended Tribal Laws on Crimes Against Children (August 2008), https://bit.ly/48ATExg. 31. Id. 32. See generally Montana v. United States, 450 U.S. 544 (1981). 33. Id. 34. Id. 35. See Statutory Interpretation: Theories, Tools, and Trends, Congressional Research Service, 1 (updated March 10, 2023), https://bit.ly/48v4vJk. 36. Id. 37. Id. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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