Indigenous, Indian, and Aboriginal Law Commons^™

Resource Law Notes Newsletter, No. 9, Aug. 1986, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Reevis V. Humphrey, 86-Ap-24 (Blkft. Tr. Ct. App., July 24, 1986), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a petition for a Writ of Mandamus because the Blackfeet Law and order Code, Ch. 11, did not authorize the Appellate Court to provide Mandamus relief in this particular case concerning a Blackfeet Tribal Court Administrator.

The Determination Of Title To Submerged Lands On Indian Reservation, Rick Best

Washington Law Review

The treatment of submerged lands within Indian reservations provides a classic example of the Indian rights gap. Two possible owners may claim such lands under navigable water: the tribe or one of the several states. Substantial legal and economic significance attaches to ownership. The title may determine fishing rights as well as potentially lucrative mineral rights to gas and oil deposits. When a river is rerouted, the uncovered land may become a valuable recreational or commercial waterfront. Title can also determine criminal jurisdiction for acts taking place on the water. States rely on the equal footing doctrine to claim title …

An Act To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress

US Government Documents Related to Indigenous Nations

This public law, also known as "The Garrison Diversion Unit Reformulation Act of 1986" or United States (US) Public Law 99-294, passed on May 12, 1986, amended existing public law related to the Garrison Diversion Unit and addressed the major issues of meeting the water needs of North Dakota, addressing environmental impacts associated with the Garrison Diversion Unit, compensating farmers for lost land, honoring the Boundary Waters Treaty of 1909, and repaying Federal Loans that were used for the construction of the Garrison Diversion Unit.

To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report, dated April 22, 1986, is the second part of a two-part report. The first report “Garrison Diversion Unit Reformulation Act of 1986 is dated April 9, 1986 and was written to accompany United States (US) House Resolution 1116.

This second part, presented by Morris K. Udall from the US House Committee on Interior and Insular Affairs, summarizes modifications proposed to the Garrison Diversion Unit and provides a cost estimated for the proposed bill. The report acknowledges the devastating effects that the Pick-Sloan Project had on the tribes living on Fort Berthold and Standing Rock reservations. US House Resolution …

Garrison Diversion Unit Reformulation Act Of 1986, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Interior and Insular Affairs dated April 9, 1986, was written to accompany US House Resolution 1116 which seeks authorization for the construction of the Garrison Diversion Unit to help meet the water needs of North Dakota (ND). US House Resolution 1116 proposes improved repayment methods for irrigation and includes provisions that will compensate for farmland lost to the implementation of the Pick-Sloan Missouri Basin Program. This report includes a history of the Garrison Dam project, including problems encountered with the proposed implementation of irrigation which some in Congress criticized as …

Resource Law Notes Newsletter, No. 8, Apr. 1986, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

The Environmental Right To Habitat Protection: A Sohappy Solution—United States V. Washington, 759 F.2d 1353 9th Cir.), Cert. Denied, 106 S. Ct. 407 (1985), Judith W. Constans

Washington Law Review

This Note indicates that both the district court's use of declaratory relief on the hatchery fish issue and the merits of its declaration on the environmental issue were entitled to affirmance. An analysis of the procedural history of the case suggests that the court should have decided the environmental issue. An analysis of the right to habitat protection reveals that habitat protection should be regarded as an implied term of the treaty right to take fish and that measuring the scope of the right by the tribes' moderate living needs fulfills the purpose of the treaty fishing clause. The measure …

Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman

Buffalo Law Review

No abstract provided.

Appellee Tribes' Reply Brief - 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.

Reply Brief Of Appellants - 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.

Resource Law Notes Newsletter, No. 7, Jan. 1986, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

El Salvador: Methods Use To Document Human Rights Violations, Gloria Valencia-Weber

Faculty Scholarship

This study describes and analyzes the methods used to document human rights abuses in El Salvador, focusing on the methods used by the United States Government through its Embassy in San Salvador, and by Tutela Legal, a nongovernmental monitoring agency in San Salvador. The authors examined Tutela and U.S. records which were relevant and available for 1980 through 1984 and used post-1984 official statements which relate to methods. The focus is on the method used for the documentation of the murder or disappearance of civilians. This paper begins with an examination of the current international human rights standards as they …

Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Law And Alaska Natives: The Warp And Woof Of A Field Of Law In Transition, Ralph W. Johnson

Washington Law Review

A book review of Alaska Natives and American Laws, by David Case (1984).

Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor

US Government Documents Related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The ND Supreme Court held that the tribes would have to give up tribal sovereignty if they wanted to try …

Tribal Immunity, Tribal Courts, And The Federal System: Emerging Contours And Frontiers (With Terry Pachota), Frank Pommersheim, Terry Pechota

Faculty Publications

No abstract provided.

Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim

Faculty Publications

No abstract provided.

Law And Alaska Natives: The Warp And Woof Of A Field Of Law In Transition, Ralph W. Johnson

Articles

Reviewing Alaska Natives and American Laws, by David Case (1984).

United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole

Articles by Maurer Faculty

A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.

The Uses Of Myth: A Response To Professor Bassett, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Brief Of Appellee And Cross-Appellant Tribes - 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.

Tribe V. Rattler, 85-Ap-10 (Blkft. Tr. Ct. App., Nov. 27, 1985), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court affirmed a lower court conviction of a Defendant for Assault and Battery after the Court found that there was sufficient evidence for the judge to find beyond a reasonable doubt that the defendant committed the crime. The Appellant posed otherwise. The prosecution presented evidence on ability, motive, and intent, which are all essential elements of the crime under Blackfeet Tribal Law and Order Code, Ch. 5, Sec. 2, “Any Indian who shall willfully strike another person...shall be deemed guilty of Assault and Battery.”

Appeal From A District Court Judgement Awarding Attorney Fees Under 42 U.S.C. 1988 - 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.

A Report Of The Sandia Pueblo East Boundary On Sandia Mountain, Milford T. Keene

Sandia Pueblo Mountain Claim

"'The purpose of this report is to review and address past surveys of the Pueblo grant boundaries, focusing on the east boundary. Specifically, the report considers these two questions: what did the Deputy Surveyor survey, and is the east boundary survey a result of private oral instruction given to the surveyor and not preserved in the documents? Since those who believe that the boundary should have been along ""the Main Ridge of Sandia Mountain,"" the problem is to decide, if possible, where those translations, interpretations, instructions, and surveys went astray and for what apparent reasons. Study of documents on the …

Three Affiliated Tribes Of Fort Berthold Reservation V. Wold Engineering, P.C., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Papasan V. Allain, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Anthropological Report On Land Use: Pueblo Of Sandia, Elizabeth A. Brandt

Sandia Pueblo Mountain Claim

Sandia Pueblo is an Indian community located approximaaiy 13 miles north of Albuquerque, New Mexico on the east bank of the Rio Grande river, a few miles to the west of the Sandia Mountains. Archaeological evidence shows that the village site was occupied around 1300 A.D. and that the village has remained in essentially the same area since then. The surrounding area was occupied by Indian hunters as early as 11,000 years ago and there is evidence of numerous smaller sites around Sandia and in the foothills of the mountain dating in the last millenia. Sandia religious practices also show …

Resource Law Notes Newsletter, No. 6, Sept. 1985, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Operating Under New Laws Pertaining To Mineral Development On Indian Lands, B. Reid Haltom

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

89 pages.

Contains 8 attachments:

1) Indian Mineral Development Act of 1982, Public Law 97-382 - Dec. 22, 1982.

2) Proposed BIA Regulations, 25 C.F.R. 225 and 211, Federal Register, Vol. 48, No. 134, Tuesday, July 12, 1983.

3) Billings Area Office Procedures.

4) Flow Chart.

5) Oil and Gas Exploration Joint Venture Agreement.

6) Federal Oil and Gas Royalty Management Act of 1982, Public Law 97-451 [H.R. 5121], January 12, 1983.

7) 30 C.F.R., Part 210, 212, 217, 218, 219, 228, 229, 241, 243, Federal Register, Vol. 49, No. 185, Friday, September 21, 1984.

8) 43 C.F.R., Part 3160, …