How Does Nebraska Law Support Indigenous Communities? A Reflection for Indigenous Peoples’ Day
Indigenous Peoples’ Day is more than a celebration—it’s a reminder of our shared responsibility to uphold justice, equity, and sovereignty. Across Nebraska’s four federally recognized tribes—the Omaha, Ponca, Santee Sioux, and Winnebago Nations—communities continue to face barriers in voting, education, and land rights. While progress has been made through acts like the Winnebago Land Transfer Act and initiatives such as the Indigenous Roots Teacher Education Program, true equity requires ongoing advocacy. This post explores how Nebraska law interacts with Indigenous rights and how attorneys, policymakers, and residents can turn acknowledgment into action.
Why Indigenous Peoples’ Day Matters in Nebraska
Indigenous Peoples’ Day honors the resilience, history, and sovereignty of Native nations. For Nebraskans, it’s a moment to reflect on how state and federal laws affect tribal citizens and to strengthen cooperation between tribal and state governments.
Nebraska recognizes four federally recognized tribes—the Omaha, Ponca, Santee Sioux, and Winnebago—each with independent governments and jurisdiction over their lands. The state collaborates with these tribes in areas such as child welfare, education, and economic development, though coordination often varies by program and region.
In 2025, the Omaha Tribe of Nebraska exercised its sovereignty by adopting Title 51, regulating medical and recreational cannabis on tribal land. This measure highlights how tribal governments can create and enforce laws independent of Nebraska state policy within their own jurisdictions.
Voting Rights and Representation
In 2024, a federal judge ordered Thurston County to redraw its voting districts after finding that prior maps diluted Native representation in violation of the Voting Rights Act. The ruling recognized that Native voters deserve fair and equal access to political participation.
That same year, lawmakers introduced LB 1262, which proposed creating a Native American Voting Rights Commission to study barriers such as geographic isolation, limited polling places, and nontraditional mailing addresses. Although the bill was indefinitely postponed, its goals reflect a growing commitment to strengthening civic participation across tribal communities.
Education and the Indigenous Roots Program
Educational inequity continues to impact Native students in Nebraska. Many schools remain underfunded and fail to teach comprehensive Native history.
The Indigenous Roots Teacher Education Program (ROOTS)—a federally funded partnership between the University of Nebraska–Lincoln, tribal colleges, and the Nebraska Department of Education—seeks to address this gap by preparing Native educators and administrators to serve both reservation and urban schools.
ROOTS represents a meaningful step toward education equity, but systemic reform is still needed to ensure every student learns in a culturally informed and inclusive environment.
Land, Sovereignty, and the Winnebago Land Transfer Act
Land rights remain central to Indigenous sovereignty. In July 2024, President Biden signed the Winnebago Land Transfer Act (H.R. 1240), returning roughly 1,600 acres seized by the U.S. Army Corps of Engineers in the 1970s to the Winnebago Tribe of Nebraska.
This was a milestone for restorative justice in Nebraska. Still, many tribes face challenges asserting authority over land use, environmental regulation, and taxation. State and local governments sometimes approve projects that affect tribal interests without full consultation. Strengthening communication and respect for tribal jurisdiction can help prevent conflicts and honor long-standing treaty rights.
ICWA, NICWA, and Recognition of Tribal Courts
Nebraska courts must comply with both the federal Indian Child Welfare Act (ICWA) and the Nebraska Indian Child Welfare Act (NICWA) in cases involving Native children. These laws require notice to tribes, opportunities for intervention, and placement preferences that preserve cultural identity.
The Nebraska Supreme Court reaffirmed in 2023 that courts must follow federal ICWA regulations whenever there is “reason to know” a child is Native9.
Under Nebraska law, tribal court orders in child-custody and welfare matters receive recognition through ICWA/NICWA. Other tribal judgments may be recognized under principles of comity, meaning state courts may honor them if jurisdiction, due process, and public policy requirements are met.
Advocacy Beyond the Holiday
Indigenous Peoples’ Day is not just a symbolic holiday—it’s a call to engage year-round. Nebraskans can support Indigenous equity by:
Advocating for stronger collaboration between state and tribal governments.
Supporting Native education initiatives like ROOTS.
Promoting fair voting access for reservation communities.
Upholding ICWA and NICWA compliance in all child-related proceedings.
Consulting tribal governments before approving policies or projects that affect their lands.
At Zachary W. Anderson Law, we honor Indigenous Peoples’ Day by standing with Native families and tribal communities every day of the year.
FAQ: Indigenous Peoples’ Day and Nebraska Law
Why is Indigenous Peoples’ Day important in Nebraska?
It honors the state’s four sovereign tribal nations and highlights the need for equity in education, voting, and land rights.
Which tribes are federally recognized in Nebraska?
The Omaha, Ponca, Santee Sioux, and Winnebago Nations each have independent governments and jurisdiction over their lands.
What are ICWA and NICWA?
The federal Indian Child Welfare Act and the Nebraska Indian Child Welfare Act protect Native children’s cultural and familial connections. State courts must follow both.
Do Nebraska courts recognize tribal court orders?
Yes, in child-custody and welfare matters covered by ICWA/NICWA. Other tribal judgments may be recognized under comity if jurisdiction and due process standards are met.
How can Nebraskans support tribal sovereignty beyond Indigenous Peoples’ Day?
Engage in civic advocacy, learn from tribal leaders, and support legislation and partnerships that respect tribal self-governance.