The Trump administration’s drive to increase domestic production of fossil fuels and mining of key minerals likely cannot be accomplished without a key constituency: Native nations.

The U.S. has 374 treaties with 574 governments of sovereign nations inside the United States’ borders, governing 2.5% of the country’s territory, predominantly west of the Mississippi.

Native American tribal lands contain 30% of the nation’s coal, 50% of its uranium and 20% of its natural gas. And they contain materials critical for advanced technologies, including renewable energy: copper for electric grids, lithium and rare earth elements for batteries and electronics, and water for agriculture and power generation.

Significantly expanding domestic access to fossil fuels, critical minerals and water will require the U.S. government to work with Native nations. Their rights to resources on their lands are enshrined in long-standing treaties whose legal power is on equal footing to the U.S. Constitution itself. I study these agreements, negotiated from the late 18th to the late 19th centuries and ratified by the U.S. Senate. They are not mere historical artifacts but rather key documents at the center of modern conflicts over drilling, mining, pipelines and energy infrastructure.

For Indigenous nations, access to natural resources is more than a matter of economic opportunity or environmental sustainability. Managing these lands is inseparable from questions of sovereignty, sacred land and treaty enforcement.

Under the U.S. Constitution, treaties are ranked as “the supreme Law of the Land” right alongside the Constitution itself.

Federal Indian Law, largely codified in Title 25 of the U.S. Code, defines the relationship between the United States and tribal nations, including recognizing tribes as possessing and exercising “self-government.” Supreme Court decisions sometimes recognize tribes as sovereign political........

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