Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Lease (6)
- US (6)
- AFY (5)
- Fund (5)
- Native Americans (5)
-
- Reservoir (5)
- Acre-feet per year (4)
- Allocate (4)
- Appropriate (4)
- Authorize (4)
- Compact (4)
- Contract (4)
- Dam (4)
- Decree (4)
- Fish (4)
- Industrial (4)
- Interior (4)
- Project (4)
- Reclamation (4)
- Reservation (4)
- Reserved (4)
- Secretary (4)
- Settlement (4)
- Tribe (4)
- Waiver (4)
- Water (4)
- Wildlife (4)
- American Indians (3)
- Capita (3)
- Construct (3)
- Publication
-
- American Indian Law Review (22)
- Native American Water Rights Settlement Project (7)
- Frank Pommersheim (3)
- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (3)
- University of Michigan Journal of Law Reform (3)
-
- Washington Law Review (3)
- Articles (2)
- Articles & Book Chapters (2)
- Jepson School of Leadership Studies articles, book chapters and other publications (2)
- Journal Articles (2)
- Osgoode Hall Law Journal (2)
- US Government Documents related to Indigenous Nations (2)
- BYU Law Review (1)
- Brian Slattery (1)
- Michigan Law Review (1)
- Publication Type
Articles 1 - 30 of 56
Full-Text Articles in Law
Contract Between The United States And The Jicarilla Apache Tribe, Jicarilla Apache Nation, United States
Contract Between The United States And The Jicarilla Apache Tribe, Jicarilla Apache Nation, United States
Native American Water Rights Settlement Project
Settlement Agreement: Contract between the US and the Jicarilla Apache Tribe (Dec. 8, 1992). Parties: Jicarilla Apache Nation and US. The contract will come into effect when certain decrees are entered, claims dismissed, and cases resolved. When a decree is entered in the water rights adjudication styled NM v. US of the NM San Juan River system added to the decree in NM v. Aragon, a second water rights adjudication in NM will fully describe the Nation’s reserved water rights, that is, diversion not to exceed 40K acre-feet per year from the two stream systems. This water will come from …
State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams
State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams
BYU Law Review
No abstract provided.
Ute Indian Rights Settlement Act, United States 102nd Congress
Ute Indian Rights Settlement Act, United States 102nd Congress
Native American Water Rights Settlement Project
Federal Legislation, Title V - Ute Indian Rights Settlement of the 1992 Act To authorize addition Act to authorize additional appropriations for the construction of the Buffalo Bill Dam & Reservoir, Shoshone Project, Pick-Sloan MO Basin Program, WY, PL 102-575, 106 Stat. 4601, 4650 (Oct. 30, 1992). Parties: US & Ute Tribe. The 1990 Compact is ratified. The Act and revised Ute Indian Compact of 1990 are intended to quantify the Tribe’s reserved water rights; allow increased beneficial use of the water and put the Tribe in the same economic position it would have enjoyed had the Upalco and Uintah …
An Act To Authorize Additional Appropriations For The Construction Of The Buffalo Bill Dam And Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming, United States Congress
An Act To Authorize Additional Appropriations For The Construction Of The Buffalo Bill Dam And Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming, United States Congress
US Government Documents related to Indigenous Nations
This United States (US) public law (Public Law 102-575), passed on October 30, 1992, also known as the “Reclamation Projects Authorization and Adjustment Act of 1992” contains a number of acts providing additional appropriations for various reclamation projects in the United States. The subsection known as the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act” (found on page 4,731) states that the US Congress did not adequately compensate the Mandan, Hidatsa, and Arikara tribes (The Three Affiliated Tribes) or the Standing Rock Nation (Standing Rock Sioux Tribe) for prime lands that were taken for construction of the …
San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress
San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress
Native American Water Rights Settlement Project
Federal Legislation: San Carlos Apache Tribe Water Rights Settlement Act of 1992, Title 37 of An Act to authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming (Oct. 30, 1992) PL 102-575, 106 Stat. 4600, 4740. Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improve and Power District, Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. Tribe is a part of the Gila Water Rights Adjudication. This Act ratifies …
Technical Amendments To Southern Arizona Water Rights Settlement Act Of 1982, United States 102nd Congress
Technical Amendments To Southern Arizona Water Rights Settlement Act Of 1982, United States 102nd Congress
Native American Water Rights Settlement Project
The purpose insofar as it affects the Tohono O'odham Water Rights Settlement is to make various technical amendments in Sec 8.
1992 Amendments 1984 Ak-Chin Water Act, United States 102th Congress
1992 Amendments 1984 Ak-Chin Water Act, United States 102th Congress
Native American Water Rights Settlement Project
Federal Legislation: Ak-Chin Water Use Amendments of 1992 Sec. 10 (PL 102-497, § 10, 106 Stat. 3258, H.R. 5686 (102nd)) amending Ak-Chin Water Use Act of 1984. Gives Ak-Chin the right to lease or devote permanent water supply to any use, including agricultural, municipal, industrial, commercial, mining, recreational or any other beneficial use, in areas initially designated as Pinal, Phoenix and Tucson Active Management Areas pursuant to AZ Groundwater Management Act of 1980, pursuant to a contract that has been accepted and ratified by a resolution of Ak-Chin Indian Community Council and approved and executed by Secretary. Water rights may …
Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 102nd Congress
Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 102nd Congress
Native American Water Rights Settlement Project
Federal legislation: Jicarilla Apache Tribe Water Rights Settlement Act of 1992, PL 102-441, 106 Stat. 2237. Parties: Jicarilla Apache Nation, NM and the US. The US and the Tribal President are authorized to enter into a Settlement Contract. Sections 3 and 4 of the Upper Colorado River Basin Compact should provide sufficient water. The Contract provides 33,500 a/f/y diversion from the Navajo Reservoir or Navajo River, and 6,500 a/f/y from the San Juan-Chama Project. Tribe is entitled to return flows and may subcontract for beneficial uses off reservation, but such uses are subject to state, federal and international law. The …
Resource Law Notes Newsletter, No. 26, Fall Issue, Sept. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 26, Fall Issue, Sept. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
They Never Kept But One Promise—County Of Yakima V. Confederated Tribes And Bands Of The Yakima Indian Nation, 112 S. Ct. 683 (1992), Deborah Jo Borrero
They Never Kept But One Promise—County Of Yakima V. Confederated Tribes And Bands Of The Yakima Indian Nation, 112 S. Ct. 683 (1992), Deborah Jo Borrero
Washington Law Review
Despite congressional efforts to promote tribal self-determination and self-governance, the Supreme Court continues to give effect to disastrous assimilative policies of the past. A particularly far-reaching case, County of Yakima v. Confederated Tribes and Bands of the Yakima Indian Nation, upheld state property taxation of tribal land within an Indian reservation. The decision neglects tribal sovereignty and contradicts federal policy. After Yakima Indian Nation, tribalism is in serious jeopardy once again. This Note examines Yakima Indian Nation and concludes that Congress must intervene to protect tribes from state property taxes to preserve tribal land and sovereignty.
Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, United States 102nd Congress
Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, United States 102nd Congress
Native American Water Rights Settlement Project
Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992. PL 102-374, 106 Stat. 1186. Parties: US & Northern Cheyenne Nation. The Act ratifies a Compact with MT on June 11, 1991. The Northern Cheyenne Indian Reserved Water Rights Settlement Trust Fund will be established in the US Treasury, but the Tribe shall make a $11.5 million loan available to MT to assist with the Tongue River Dam Project costs (estimated at $52.2 million). For the Tribe itself, there are authorized $7.4 million in 1995, $9 million in 1996 and $5.1 million in 1997. $3.5 million is authorized …
Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota
Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota
US Government Documents related to Indigenous Nations
This court case, decided on September 28, 1992, established that the northeast quadrant of the Fort Berthold Reservation was part of the Reservation (therefore within tribal jurisdiction) but found that the Three Affiliated Tribes did not have taxation and employment authority over the gas and oil companies operating in that quadrant. Per Tribal Tax Code, any property on the Reservation used for business or profit is subject to a one-percent taxation and per the Tribal Employment Rights Office Ordinance (TERO), any employers within the Reservation must give preference to Native American workers. The Three Affiliated Tribes attempted to levy a …
Democracy And Respect For Difference: The Case Of Fiji, Joseph H. Carens
Democracy And Respect For Difference: The Case Of Fiji, Joseph H. Carens
University of Michigan Journal of Law Reform
In what follows, I will first offer a capsule history of Fiji. I then will identify some of the moral questions that emerge, both for the inhabitants of Fiji and for us as observers. I will present some tentative answers to these moral questions, reflecting as I go on what this tells us about the possibilities and limits of normative theory, but also trying to note where my normative judgments rest upon features of the story that I think others would want to contest and trying to indicate how alternative readings of the history would affect the normative judgments, if …
Repatriation And Cultural Preservation: Potent Objects, Potent Pasts, Peter H. Welsh
Repatriation And Cultural Preservation: Potent Objects, Potent Pasts, Peter H. Welsh
University of Michigan Journal of Law Reform
Parts I and II discuss the preservation idea itself and the history of museums' participation in cultural preservation efforts. Parts III and IV then look specifically at the repatriation issue, providing some background on initiatives that have influenced peoples' thoughts and actions. Finally, Part V outlines and discusses some of the issues that have made resolution of the repatriation issue particularly complex.
Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age, Dean B. Suagee
Self-Determination For Indigenous Peoples At The Dawn Of The Solar Age, Dean B. Suagee
University of Michigan Journal of Law Reform
In addition to challenging readers to help make the principle of self-determination a reality for indigenous peoples, this Article challenges indigenous leaders, especially those in the United States, to help formulate our collective vision of a sustainable future and to provide leadership in making that vision a reality. The United Nations has designated 1993 the International Year for the World's Indigenous Peoples, and this event will provide tribal leaders with opportunities to have their voices heard. Tribal leaders in the United States should take full advantage of these opportunities and step to the forefront of the movement to hasten the …
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Michigan Law Review
A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus
A Genealogy Of Law: Inherent Sovereignty And First Nations Self-Government, John J. Borrows
A Genealogy Of Law: Inherent Sovereignty And First Nations Self-Government, John J. Borrows
Osgoode Hall Law Journal
First Nations self-government in Canada has often been regarded as extinguished or delegated from the British Crown or the Canadian federal government. First Nations self-government among the Chippewas of the Nawash Band in southern Ontario has not been extinguished or delegated, but continues to exist as an inherent exercise of community sovereignty. The idea of existing Aboriginal self-government in modern-day Ontario contrasts with many prevailing notions about Native society in Canada today. The inherent and unextinguished nature of self-government among the Nawash Band is demonstrated by examining the events of the author's ancestors and community in their interactions with foreign …
Resource Law Notes Newsletter, No. 25, Spring Issue, Apr. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 25, Spring Issue, Apr. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
Child Welfare Law, "Best Interests Of The Child" Ideology, And First Nations, Marlee Kline
Child Welfare Law, "Best Interests Of The Child" Ideology, And First Nations, Marlee Kline
Osgoode Hall Law Journal
Liberalism has structured legal discourse such that racism is most often unintended and rarely explicit. To understand how and why law has an oppressive and discriminatory impact on First Nations and other racialized groups in Canadian society, one must look at some of its more subtle processes and, in particular, its ideological form. The goal of this article is to provide insight into the origins and operation of "best interests of the child" ideology and to illustrate how it structures and constrains judicial decision making in the context of First Nations child welfare. Best interests ideology serves to portray the …
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Federal Acknowledgement Of American Indian Tribes: Authority, Judicial Interposition, And 25 C.F.R. § 83, William W. Quinn Jr.
Federal Acknowledgement Of American Indian Tribes: Authority, Judicial Interposition, And 25 C.F.R. § 83, William W. Quinn Jr.
American Indian Law Review
No abstract provided.
The Indian Tradition In Early American Law, Yasuhide Kawashima
The Indian Tradition In Early American Law, Yasuhide Kawashima
American Indian Law Review
No abstract provided.
Pollution And Hazardous Waste On Indian Lands: Do Federal Laws Apply And Who May Enforce Them?, Teresa A. Williams
Pollution And Hazardous Waste On Indian Lands: Do Federal Laws Apply And Who May Enforce Them?, Teresa A. Williams
American Indian Law Review
No abstract provided.
The Indian Child Welfare Act And Equal Protection Limitations On The Federal Power Over Indian Affairs, John Robert Renner
The Indian Child Welfare Act And Equal Protection Limitations On The Federal Power Over Indian Affairs, John Robert Renner
American Indian Law Review
No abstract provided.
Book Review: American Indian Water Rights And The Limits Of Law By Lloyd Burton, Edward Janecek Iii
Book Review: American Indian Water Rights And The Limits Of Law By Lloyd Burton, Edward Janecek Iii
American Indian Law Review
No abstract provided.
The Policy Choices Tribes Face When Deciding Whether To Enact A Water Code, Thomas W. Clayton
The Policy Choices Tribes Face When Deciding Whether To Enact A Water Code, Thomas W. Clayton
American Indian Law Review
No abstract provided.
First Nations And The Constitution: A Question Of Trust, Brian Slattery
First Nations And The Constitution: A Question Of Trust, Brian Slattery
Brian Slattery
No abstract provided.
Resource Law Notes Newsletter, No. 24, Jan. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 24, Jan. 1992, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
Path Near The Clearing: An Essay On Constitutional Adjudication In Tribal Courts, Frank Pommersheim
Path Near The Clearing: An Essay On Constitutional Adjudication In Tribal Courts, Frank Pommersheim
Frank Pommersheim
No abstract provided.
Liberation, Dreams, And Hard Work: An Essay On Tribal Court Jurisprudence, Frank Pommersheim
Liberation, Dreams, And Hard Work: An Essay On Tribal Court Jurisprudence, Frank Pommersheim
Frank Pommersheim
No abstract provided.