Indigenous, Indian, and Aboriginal Law Commons^™

Standards For Judicial Review Of Forest Plans: Will The Courts Not See The Forest For The Trees, Wells D. Burgess

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

50 pages.

Contains 2 attachments.

Water Rights Compact Among Seminole Tribe Of Florida, Florida And South Florida Water Management District, Seminole Tribe Of Florida Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Water Rights Compact among the Seminole Tribe of Florida, State Of Florida and South Florida Water Management District (May 15, 1987) Parties: Seminole Tribe of Florida, State Of Florida and South Florida Water Management District .The Compact recognizes water rights under federal for the Tribe and the Tribe gives up federal reserved rights under Winters. The Tribe will comply with the state law of 1986 for regulating water use. The Tribe is not under to the procedural provisions of the Florida Water Resources Act or administrative control by the District and has regulatory authority over water use and …

The Hermeneutics Of Indian Law, Robert A. Williams Jr.

Michigan Law Review

A Review of American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy by Charles F. Wilkinson

Resource Law Notes Newsletter, No. 11, Apr. 1987, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Solicitor Vollmann Opinion--Pueblo Of Sandia Boundary, Tim Vollmann

Sandia Pueblo Mountain Claim

The land at issue is on the outskirts of Albuquerque, New Mexico, and is within the Sandia Mountain Wilderness. The major portion is owned by the United States Forest Service, with approximately 1151.2 acres in private holdings, and the Juan Tabo Recreation Area. The Pueblo has indicated willingness to waive any claim to the existing private inholdings. After thorough review of the matter, we have concluded that the survey appears to accurately depict the description of the boundary as set forth in the patent. However, we have further concluded that the patent does not correctly reflect the boundary provided for …

Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee: Joint Hearing Before The Select Committee On Indian Affairs, United States Senate And The Committee On Energy And Natural Resources, United States Senate And The Committee On Interior And Insular Affairs, House Of Representatives, One Hundredth Congress, First Session On Oversight Hearing On The Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee, United States Congress, Us Senate, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs, the US Senate Committee on Energy and Natural Resources along with the Subcommittee on Water and Power, and the US House Committee on Interior and Insular Affairs along with the Subcommittee on Water and Power Resources, dated March 30, 1987, includes the transcript of a hearing to address the US Department of the Interior’s Garrison Unit Joint Tribal Advisory Committee’s (JTAC) finding that “the tribes of the Standing Rock and Fort Berthold Indian Reservations bore an inordinate share of the cost of implementing the Pick-Sloan Missouri Basin …

One River, Three Sovereigns: Indian And Interstate Water Rights, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen

Michigan Law Review

For centuries, American Indians have regarded specific lands as essential to their livelihood, government, culture, and religion. Congress and the courts have at times recognized the important relationship between tribes and their lands. Recognition has not always coincided with protection; during the nineteenth century and part of the twentieth century a series of governmental actions resulted in the tribes surrendering title and possession to many of their ancestral lands. Recently, however, American Indians have become increasingly active litigants in a variety of contexts. In one set of cases, Indians challenged government development projects on public lands, contending that because the …

Water Rights Of Indian Communities In New Mexico, Santiago Onate

Law of the Rio Grande

No abstract provided.

Colorado Water Law, George Vranesh

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b130018~S0

Resource Law Notes Newsletter, No. 10, Jan. 1987, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Water Use Efficiency: The Value Of Water In The West, David H. Getches

Publications

No abstract provided.

Understanding Aboriginal Rights, Brian Slattery

Articles & Book Chapters

The entrenchment of aboriginal rights in the Constitution Act, 1982 and the importance of aboriginal claims now reaching the courts highlight the need to understand these long-ignored rights. This article sets out a general theory of the subject, drawing on the leading cases and the complex history of relations between native peoples and the Crown. Aboriginal rights are based on a set of basic common law principles that operate uniformly across Canada, except where modified by treaty or legislation. Under those principles, native peoples presumptively hold full rights to lands in their possession, and retain their accustomed laws andpolitical institutions, …

The Status Of Indian Tribes In American Law Today, William C. Canby Jr.

Washington Law Review

In describing the subject of my lecture to Dean Fletcher of this law school, I said that it would deal with two questions: Are the fundamental assumptions underlying the special status of Indian tribes changing? If so, what will be the effect of those changes? I considered simply saying that the answer to the first question is "no" and that the answer to the second question is therefore "none." It would make a mercifully short lecture. Unfortunately, however, my review of legal developments over the past several years, particularly the decisions of the United States Supreme Court, convinces me that …

[Introduction To] Diné Bibeehaz'aanii: A Handbook Of Navajo Government, David E. Wilkins

Bookshelf

The Diné (Navajos) inhabit a vast land of beauty and grace. It is a sprawling territory, bounded by sacred mountains and great rivers. The Navajo Reservation, first delineated in the 1868 treaty, has nearly quadrupled in size since then through some twenty-five additions. Today, the Diné land base is some 25,000 square miles (sixteen million acres roughly), encompassing a large portion of northeastern Arizona, a part of northwester New Mexico, and some 1,900 square miles in southeastern Utah. This tremendous stretch of land, the largest Indian reservation in the county, is slightly larger than the state of West Virginia.

Navajo …

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.

Tribute, Charles F. Wilkinson

Publications

No abstract provided.

The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr

Faculty Works

The Hopi Indians of northeastern Arizona have existed as a stable or steady state society for a thousand years or more, and, even though they have felt the impact of white growth society in this century, they have maintained a greater cultural integrity than any other native people in the United States. This Article examines traditional Hopi values and institutions, especially their law. Hopi thinking and social organization were shaped by a profound reverence for their environment and an equally profound awareness of the constraints it imposed. With its growing sense of a need for balance with the environment, modern …

Modern Practice In The Indian Courts , Michael Taylor

Seattle University Law Review

This Article is intended to provide a basic overview of Indian court jurisdiction and practice for those affected by the National Farmers Union Insurance Company v. Crow Tribe of Indians decision. Part II discusses, in detail, the National Farmers Union Insurance Company v. Crow Tribe of Indians holding. Part III is an overview of the history, structure, and types of Indian courts. Part IV deals with the complexities of jurisdiction, and Part V, constitutional and civil rights issues in Indian courts. Part VI summarizes the basics of Indian court practice and procedure.

Diné Bibee Haz' Áanii: An Analysis Of The Navajo Political System, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The Diné (Navajo) people have a representative/legislative form of government modeled loosely after the American system. The present governmental structure, established in 1938 by the Secretary of Interior, is outlined in the Navajo Tribal Code. This article encompasses the background of the Code, describes the efforts of tribal and federal officials to enact a tribal constitution, and discusses the key functions of government: legislative, executive and judicial. It also examines the various subunits of government operating within the reservation. Finally, it contains recommendations that, if enacted, could strengthen and legitimize Navajo government.

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Publications

No abstract provided.

Tribal Court Jurisdiction Over Collection Suits By Local Merchants And Lenders: An Obstacle To Credit For Reservation Indians?, Jesse C. Trentadue

American Indian Law Review

No abstract provided.

Aboriginal Title: The Trials Of Aboriginal Indian Title And Rights--An Overview Of Recent Case Law, Kimberly Ordon

American Indian Law Review

No abstract provided.

Water Rights: Enforcing The Federal-Indian Trust After Nevada V. United States, Roger Florio

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Book Review: American Indians, Time, And The Law, By Charles F. Wilkinson, Allen Core

American Indian Law Review

No abstract provided.

Colorado Ute Indian Water Rights Final Settlement Agreement Of Dec. 19, 1986, State Of Colorado, Ute Mountain Ute Indian Tribe, Southern Ute Indian Tribe, United States Department Of The Interior, United States Department Of Justice, Animas-La Plata Water Conservancy District, Dolores Water Conservancy District, Florida Water Conservancy District, Mancos Water Conservancy District, Southwestern Water Conservation District, City Of Durango, Town Of Pagosa Springs, Florida Farmers Ditch Company, Florida Canal Company, Fairfield Communities, Inc.

Native American Water Rights Settlement Project

Settlement Agreement: The Colorado Ute Indian Water Rights Final Settlement Agreement (Dec. 10, 1986) The Ute Mountain Tribe is entitled to: water from the Dolores Project for municipal/industrial, irrigation and fish/wildlife purposes & development with a priority date of 1868. Repayment of construction costs allocable to irrigation purposes shall be deferred; water from the Animas-La Plata Project for municipal/ industrial and for irrigation with a priority date of 1868; water from the Mancos River for irrigation; water from the Navajo Wash for irrigation; and water from the San Juan River. The Southern Ute Tribe is entitled to: water from the …

Water Resources Development Act Of 1986, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This excerpt from a report from the House Committee of Conference dated October 17, 1986, was written to accompany United States (US) House Resolution 6, also known as the “Water Resources Development Act of 1986.” US House Resolution 6 authorizes development, flood control, and water protection measures for several projects across the US. This report suggests amendments to US House Resolution 6. This excerpt highlights a section of the report entitled “Garrison Land Transfer” which stipulates that 136 acres of land be held in trust by the United States for the Three Affiliated Tribes of the Fort Berthold Reservation in …

Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias

University of Michigan Journal of Law Reform

This Note examines the issue of tribal court jurisdiction over cases in which both Indians and non-Indians are parties and discusses the Supreme Court's most recent statement on the issue. In National Farmers Union Insurance Cos. v. Crow Tribe of Indians, an Indian minor brought a personal injury action in Crow Tribal Court against a Montana school district operating a school on state-owned land within the Crow Reservation. The Supreme Court concluded that the tribal court itself should first determine whether it has the power to exercise civil subject-matter jurisdiction over non-Indian property owners in a tort case. Defendants …

Appellee Tribes' Supplemental Brief Re White Mountain Apache Tribe V. Williams - United States V. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))

United States v. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))

No abstract provided.