Objectives We investigate whether American Indian legislation is prevalent in state legislative agendas. Methods We examine proposed and passed legislation in states for the years 1998–2007. Results Our findings suggest that states with legislative and executive institutions that address Native issues, as well as larger American Indian constituencies, are more likely to initiate and pass American Indian legislation. We also find that states with larger legislative agendas propose and pass more Native legislations, although the amount of Native legislation has been dropping in recent years. Conclusion Native legislation is on the state policy agenda and both Indian Nations and state governments influence the size of the Native policy agenda.