Protecting Indigenous Rights and Interests in Water

Solid Waste Management in Indian Country: Multiple Sovereigns and Multiple Relationships at the Nexus of Federalism and Tribal Governance

“…In both Potawatomi and Noatak, the Court applied federalism logic and political principles to both the state and the tribes, ruling that their respective sovereignties derived inherently from their own sources. 86 Questions of power and sovereignty are the issues when tribes seek help from the federal courts or try to resist federal decision-making, such as federal environmental statutes and regulations. The issues raised usually include executive and congressional authority, the implementation of the Supreme Court decisions by the Executive and the allocation of power between states, tribes, and the federal government.…”

“…Rights such as voting, holding office, receiving tribal resources (e.g., grazing and residence privileges on tribal lands) and participation in per capita payments usually depend on tribal membership. 103 The Indian Civil Rights Act of 1968 imposes restrictions similar to those contained in the Bill of Rights on tribal governments in dealings with tribal citizens and others who come under lawful tribal jurisdiction. 104 Tribal Jurisdiction and Public Law 83-280…”

“…When Alaska was purchased from Russia in 1897, its native population was scattered into hundreds of villages located principally along the southern and far northwestern coasts. 119 The Indian Reorganization Act of 1934 included Alaska Natives among its beneficiaries (and more than one hundred seventy Indian nations have organized under this Act). 121 Most other federal Indian laws and programs have been interpreted to apply to the native peoples of Alaska in terms of recognition of the United States having a trust responsibility with them, entitling them to all the benefits of this relationship.…”

“…126 The ANSCA gave Alaska Natives $962.5 million in compensation for extinguishing all of their aboriginal land claims and ownership rights to 40 million acres of land. 127 Of the 40 million acres, the surface estate in 22 million acres was divided among the two hundred Native villages according to their population, with each village selecting the land it wanted to live on. The remaining 18 million acres and the subsurface estate of the entire 40 million acres were conveyed to twelve native regional corporations.…”

“…Congress also permitted each corporation to issue and sell new stock to non-natives, and rejected the natives' request to allow these corporations to transfer their land to tribal governments in order to give the lands further protection. 131 In addition to the governing bodies of the village corporations, the villages typically have traditional village councils (led by a chief or president) or a council organized under the Indian Reorganization Act. 132 Although Alaska Natives may obtain government services, in 1998 the Supreme Court ruled that Alaska Natives could not govern ANCSA corporately held land as Indian country.…”