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Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …

Slides: Nepa And Adaptive Management, Denise A. Dragoo

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Denise A. Dragoo, Partner, Snell & Wilmer L.L.P., Salt Lake City, UT

22 slides

Slides: Lessons Learned From The Development And Implementation Of An Adaptive Management Plan At Three Hydropower Plants In Northeastern Washington State, Bob Dach

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Bob Dach, Federal Activities Specialist, U.S. Fish and Wildlife Service, Mountain-Prairie Region, Lakewood, CO

11 slides

Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society

19 slides

Slides: Adaptive Management And Best Management Practices On The Southern Ute Indian Reservation, Bob Zahradnik

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Bob Zahradnik, Red Willow Production Company

38 slides

Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Agenda includes summaries of speakers' presentations

Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation

Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …

Property Rights And Sacred Sites: Federal Regulatory Responses To American Indian Religious Claims On Public Land, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

A Whole New Game: Recognizing The Changing Complexion Of Indian Gaming By Removing The "Governor's Veto" For Gaming On "After-Acquired Lands", Brian P. Mcclatchey

University of Michigan Journal of Law Reform

The recent explosive growth of the Indian gaming industry and judicial decisions analyzing a portion of the governing statute point to an inherent flaw in the mechanism provided by the Indian Gaming Regulatory Act (IGRA) for the establishment of off-reservation gaming enterprises. This Note argues for a reform of the so-called "after-acquired lands" provision of IGRA, which would remove the governor's concurrence requirement and place the decision to allow Indian gaming off-reservation into the negotiating process between states and tribes, as another term to be negotiated between sovereigns. Such a reform would allow states and tribes alike to extract their …

Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon

University of Michigan Journal of Law Reform

Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-Indian men. In 1978 the Supreme Court stripped tribes of their power to prosecute non-Indians in criminal matters, which not only damaged tribal sovereignty but also meant the difference between a life free from abuse and one with constant fear, intimidation, and pain for Indian women.

The …

Tribal Immunity From California's Campaign Contribution Disclosure Requirements, Cameron A. Reese

BYU Law Review

No abstract provided.

Indigenous Peoples' Land Rights Under The International Covenant On Civil And Political Rights, Martin Scheinin

Aboriginal Policy Research Consortium International (APRCi)

his paper presentes the evolving understanding of indigenous peoples' land rights under the International Covenant on Civil and Political Rights (ICCPR), as reflected in the practice of the Human Rights Committee (HRC), the monitoring body established under the ICCPR. The discussion is based on cases decided under the Optional Protocol to the Covenant, on the Committee's general comments and on the Committee's consideration of periodic reports by States parties. As to the points of entry to the discussion on land rights, two provisions of the ICCPR are identified: the right of all peoples to self- determination (Article 1) and the …

Special Master's Term Sheet For Nez Perce Tribe Water Rights, Nez Perce Tribe, Usa, Idaho

Native American Water Rights Settlement Project

Settlement Agreement aka Special Master's Term Sheet, found as 1) an attachment to the Joint Status Report on Settlement Efforts and Motion for Stay, and 2) as Attachment 2 to the Consent Order entered on 1-30-2007. Parties: Nez Perce Tribe, ID, Idaho, US, United States. Agreement includes

Nez Perce Tribal Component: on-reservation consumptive use reserved water rights at 50,000 acre-feet/year with priority date of 1855. Allowed uses include irrigation, DCMI, hatchery and cultural uses. Tribe will administer on reservation rights pursuant to a tribal water code. Renting of water within the state is allowed. US will establish a $50 million, …

Blackfeet Tribe V. Marcus Spotted Bear, 04-Ap-17 (Blkft. Tr. Ct. App., April 17, 2004), Blackfeet Appellate Court

Court Decisions

• Appeal from Tribal Court involving defendant being arrested and charged with Assault and Trespass as to Section III, II of Chapter Five of the Blackfeet Tribal Law and Order Code. 

• Defendant had entered not guilty plea, trial was set with cash bond of $500, and a bench restraining order imposed on defendant. 

• Defendant changed plea to guilty, Judge Carl Pepion ordered a pre-sentence investigation, and defendant was ordered to complete a psychological evaluation prior to sentencing. Defendant was sentenced to 24 months with credit of (90) days served and a $2000 fine. 

• The issue here was whether the sentence and …

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The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker

Cardozo Journal of International and Comparative Law

The note examines the efforts of Native American groups to seek redress for human rights violations through the Inter-American human rights system, highlighting the limitations of the U.S. legal system in addressing indigenous rights. It focuses on key cases, such as the Yanomani, Miskito, and Dann cases, to illustrate how indigenous peoples are leveraging international mechanisms to assert their rights to land, cultural integrity, and self-determination. The analysis underscores the potential of the Inter-American Commission and Court to set precedents for indigenous rights in the United States.

"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger

William & Mary Law Review

"[F]rom the very moment the general government came into existence to this time, it has exercised its power over this unfortunate race in the spirit of humanity and justice, and has endeavoured by every means in its power to enlighten their minds and increase their comforts, and to save them if possible from the consequences of their own vices."

In 1846, in United States v. Rogers, the Supreme Court blithely announced the above vision of the history of Indian-United States relations. The first part of the quote describes Indian people as a race and an inferior one; the second part …

Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.

Articles

No abstract provided.

The Vulnerability Of Indigenous Land Rights In Australia And Canada, Kent Mcneil

Osgoode Hall Law Journal

Not until the 1990s did the highest courts in Australia and Canada begin to address the colonial reality of the dispossession of the Indigenous peoples. In Australia, the High Court has held that the taking of Indigenous lands and creation of third party rights by the Crown resulted in extinguishment of Native title. In Canada, while not dealing directly with the issue of extinguishment, the Supreme Court has authorized infringement of Aboriginal land rights for a variety of purposes, including the creation of third party rights. This article examines the legal justifications for these conclusions and finds that they are …

Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf

ExpressO

No abstract provided.

Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford

ExpressO

The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …

The Bureau Of Indian Affairs And The Federal Trust Obligation To American Indians, Robert Mccarthy

Brigham Young University Journal of Public Law

No abstract provided.

Law Applicable To Quantification Of Santa Ana Pueblos' Water Rights, Herbert A. Becker

Law of the Rio Grande

No abstract provided.

Tribe V. Smith, 200-C-1855-57 (Blkft. Tr. Ct. App., Feb. 3, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal from a defendant who entered a guilty plea and plea agreement from a charge for Possession of Dangerous Drugs, Sale of dangerous Drugs, and Possession of Drug Paraphernalia under Ordinance 95. It was unclear to the Court why counsel for the Defendant filed a notice of appeal after the Defendant after he has already complied with a portion of the plea agreement by paying a fine. It is additionally unclear whether defendant complied with the signed conditions of his release. Whenever the Court has deferred the imposition or …

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Justice And The Outsider: Jurisdiction Over Non-Members In Tribal Legal Systems, Bethany R. Berger

ExpressO

In this Article, I examine and test the assumptions of the United States Supreme Court regarding justice and those considered outsiders to Indian tribes. Over the last quarter century, the Court has progressively limited tribal jurisdiction over both non-Indians and Indians that are not members of the tribe. I examine these decisions to show that they owe less to established doctrine than to two assumptions about jurisdiction over nonmembers. The first is that outsiders will be at a disadvantage and subjected to bias by tribal courts. The second is that jurisdiction over outsiders has little to do with tribal self-government, …

Evidentiary Requuirements For Quantification Of Santa Ana Pueblo Water Rights, Herbert A. Becker

Law of the Rio Grande

No abstract provided.

Private Lands Conservation In The Republic Of The Marshall Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

59 p. ; 28 cm

Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

35 p. ; 28 cm

Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

46 p. ; 28 cm

Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

68 p. ; 28 cm

Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

59 p. ; 28 cm

Private Lands Conservation In Guam, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

93 p. ; 28 cm