Tribal Nations and AI Governance: A Selected Overview of the AI Risk Regulation Landscape
Author: Tana Fitzpatrick, J.D., Director, Native Nations Center for Tribal Policy Research
Tribal Nations and AI Governance: A Selected Overview of the AI Risk Regulation Landscape maps the current AI regulatory environment to help tribal leaders understand where their nations fit or don't fit in existing frameworks. Published by the University of Oklahoma's Native Nations Center for Tribal Policy Research in September 2025, this snapshot analyzes how the EU, federal government, and individual U.S. states are approaching AI governance, and what those approaches mean for tribes.
As of September 2025, no federally recognized tribal nation has enacted AI-specific legislation. That means tribes are operating in a regulatory environment where federal law is piecemeal, state law is inconsistent, and tribal sovereignty isn't explicitly addressed in most AI governance discussions. This article positions that gap not as a problem, but as an opportunity: tribes can study what other sovereigns are doing, identify what aligns with their values, and chart their own course. The article concludes with concrete policy considerations for tribes, including the "regulatory sandbox" approach that encourages AI innovation while monitoring high-risk uses.