NCJ Number
74008
Editor(s)
L Rosen
Date Published
1976
Length
226 pages
Annotation
This collection of nine symposium essays explores critical areas of concern in Indian law, including exercise of jurisdiction, control of water and mineral resources, and Federal policies affecting Indian affairs.
Abstract
Following a brief summary of the unique legal problems faced by American Indian Tribes is a discussion of Federal Indian policies and the goals of the American Indian Policy Review Commission. The development of the special legal status of Indian tribes which enjoy local autonomy is attributed to the historical experiences of Indians and whites form the time of the settlers to the present. Discussions of the Indian tribal court system and the organization of the Bureau of Indian Affairs emphasize the fact that Federal policies have used tribal government to defeat tribalism. For example, costly judicial reforms mandated by the 1968 Indian Bill of Rights have tended to neutralize rather than strengthen tribal courts and police. Analysis of water rights in the Yellowstone River Basin indicates that these waters belong exclusively to Indian tribes whose rights deserve Federal protection. An examination of Navajo water rights, however, suggests that a tribe might have to bargain away resource rights for short-term benefits that could be lost through expensive and lengthy litigation over full legal rights. The 1971 Alaska Native Claims Settlement Act, the largest land and mineral compensation program undertaken by Congress, is also discussed. Legal doctrines which support tribal powers to tax non-Indians are detailed in an article which cites examples from the Navajo tribe. The final paper considers Federal funding of Indian schools and recommends more precise regulation and administration to ensure that Indians actually benefit from these programs. Footnotes accompany each article. (Author abstract modified)