USLaw+NativeAmsW08Wk9

USLaw+NativeAmsW08Wk9 - US Law & Native Americans...

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CRM/LAW C158, W ‘08 Week 9 Prof. Justin B. Richland TA: Sam Lane M/W: 12:30-1:50 SSL 248
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CLASS OUTLINE I. Introduction: Self-Determination and Economic Development. II. Tribal Economic Development: Land, Natural Resources, Tourism III. Tribal Economic Development: Gaming IV. Images of Native Americans and Law: Finish Skins (2001). Chris Eyre, Dir.
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I. Introduction: Self-Determination Era and Tribal Economic Development. ISDEA (1975) (P.L. 93-638) a mixed blessing: Provided for Contracting: Tribes could contract with BIA to “plan, conduct, oversee” BIA and IHS programs implemented and funded for benefit of Indians. (Sec. 450f)
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I. Introduction: Self-Determination Era and Tribal Economic Development. ISDEA (1975) (P.L. 93-638) a mixed blessing: With “638 Contracts” Tribes oversee: Tribal Police Tribal Hospitals Tribal Housing Tribal Schools Natural Resource Management.
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I. Introduction: Self-Determination Era and Tribal Economic Development. ISDEA (1975) (P.L. 93-638) a mixed blessing: So what’s the problem? Shifting of all the responsibility, but little decision- making, to Tribes Set up for Tribal failure. BIA retained approval power over all programs. BIA retained right to cancel contracts at will.
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I. Introduction: Self-Determination Era and Tribal Economic Development. ISDEA (1975) (P.L. 93-638) a mixed blessing: So what’s the problem? All contracts subject to Congressional appropriations for programs. Loss of BIA jobs/appropriations a disincentive to approve contracts.
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I. Introduction: Self-Determination Era and Tribal Economic Development. ISDEA (1975) (P.L. 93-638) a mixed blessing: The dark side of the “trust responsibility” Is it really to act “for the benefit of tribes” ? OR Just a way to limit real tribal control over lands, resources?
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I. Introduction: Self-Determination Era and Tribal Economic Development. Amended ISDEA (1988) (P.L. 100-472): “Tribal Self- Governance Demonstration Project” (TSGDP) Permanently authorized in 1994 (P.L. 103-413) Still maintain the “trust relationship” Tribes demonstrating self-governance can “compact” for block grants from Interior to plan, conduct, administer its own programs.
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I. Introduction: Self-Determination Era and Tribal Economic Development. Amended ISDEA (1988) (P.L. 100-472): “Tribal Self Governance Demonstration Project” (TSGDP) Permanently authorized in 1994 (P.L. 103-413) Interior can only cancel “compact” if in “imminent jeopardy.” 30 tribes per year can apply for TSGDP status.
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I. Introduction: Self-Determination Era and Tribal Economic Development. Amended ISDEA (1988) (P.L. 100-472):
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USLaw+NativeAmsW08Wk9 - US Law & Native Americans...

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