American Indians and the LawLawrence Rosen |
Contents
9 | |
12 | |
25 | |
THE STRUCTURE OF THE BUREAU OF INDIAN AFFAIRS | 61 |
WATER RIGHTS IN THE COAL FIELDS OF THE YELLOWSTONE RIVER BASIN | 77 |
NAVAJO EXPERIENCE IN THE COLORADO RIVER BASIN | 97 |
A FLAWED VICTORY | 132 |
A DYNAMIC VIEW OF TRIBAL JURISDICTION TO TAX NONINDIANS | 166 |
TOWARD A MORE COHERENT POLICY FOR FUNDING INDIAN EDUCATION | 190 |
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Common terms and phrases
1976 House Appropriations 1st Sess acre-feet administration agencies Alaska Native allocation American Indian ANCSA Arizona authority benefits Bureau of Indian cent Claims Act Colorado River Cong Congress Constitution Crow Dawes Act Dep't distribution easements economic eligible enrolled federal government funds House Appropriations Hearings income Indian Affairs Indian children Indian Education Indian lands Indian policy Indian Reorganization Act Indian reservations Indian rights Indian students Indian tribes Indian water rights Interior irrigation project issue jurisdiction land selections lease legislation Mexico monies NAVAJO NATION Navajo Tribal Council NIIP non-Indians Old Liners parent programs Public Law 280 Regional Corporations regulations reservation Indians revenues San Juan River school districts Secretary section 7(i Senate Stat status stockholders Supp supra note Supreme Court taxation taxing power tion Title treaties tribal government tribal sovereignty United Village Corporations water rights Yellowstone River
Popular passages
Page 81 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 20 - And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life...
Page 87 - No trace is to be found in the Constitution of an intention to create a dependence of the government of the Union on those of the States, for the execution of the great powers assigned to it. Its means are adequate to its ends; and on those means alone was it expected to rely for the accomplishment of its ends.
Page 26 - The great end of men's entering into society being the enjoyment of their properties in peace and safety, and the great instrument and means of that being the laws established in that society; the first and fundamental positive law of all commonwealths is the establishing of the legislative power...
Page 148 - Secretary to withdraw up to 80 million acres of land to be studied for possible addition to the National Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers Systems.
Page 83 - That the people inhabiting said proposed states do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof...
Page 81 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 86 - Looking at the clause in which the terms "compact" or "agreement" appear, it is evident that the prohibition is directed to the formation of any combination tending to the increase of political power in the states, which may encroach upon or interfere with the just supremacy of the United States.
Page 94 - States to give the tribal lands to others, or to appropriate them to its own purposes, without rendering, or assuming an obligation to render, just compensation for them ; for that " would not be an exercise of guardianship, but an act of confiscation.
Page 58 - It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.