land claims settlement

McGirt and Rebuilding Tribal Nations Toolbox

Year

The McGirt decision has changed the legal landscape and created new opportunities for tribal nations starting with the Five Tribes in Eastern Oklahoma and potentially for tribal nations across Indian Country. It also has been the source of confusion, hyperbole, and alarm among some commentators.

The Harvard Project on American Indian Economic Development and University of Oklahoma Native Nations Center McGirt Colloquium Toolbox contains a series of briefing papers that explain the ramifications of McGirt in various areas important to tribes and clarify what is and what is not at issue. These briefing papers help affected tribes chart a pathway toward the effective exercise of post-McGirt tribal powers and productive collaboration with state governments. The briefing papers offer ideas and examples of what these processes and outcomes might look like. In particular, they consider at least eight areas through the lens of a tribal government’s responsibilities to its citizens, to other Indians, and to non-Indians on trust lands and fee lands within the external borders of recognized reservations.

We hope these papers will be shared, and the ideas disseminated, in ways that tribal governments and other partners identify as useful for creating dispassionate, helpful guidance to tribes and states in the post-McGirt era.

Resource Type
Citation

McGirt Colloquium Toolbox. 2021. The Harvard Project on American Indian Economic Development and University of Oklahoma Native Nations Center. https://sites.google.com/g.harvard.edu/mcgirt-rebuilding-nations/home. The Harvard Project on American Indian Economic Development. Retrieved on March 2, 2021.

NCAI Forum: Protecting Tribal Lands and Sacred Places: Current Threats Across Indian Country

Year

The latest in NCAI’s ongoing series of virtual events featuring tribal leaders, this forum shares the stories of five tribal nations working to protect their tribal homelands in the face of baseless attacks by the federal government, and discussed how the federal government must recommit to its trust and treaty obligations to all tribal nations in this critical area. Forum panelists included:

  • Cedric Cromwell, Chairman of the Mashpee Wampanoag Tribe
  • Mark Fox, Chairman of the Mandan, Hidatsa and Arikara Nation
  • Harold Frazier, Chairman of the Cheyenne River Sioux Tribe
  • Ned Norris, Jr., Chairman of the Tohono O’odham Nation
  • Terry Rambler, Chairman of the San Carlos Apache Tribe
Resource Type
Citation

National Congress of American Indians. "NCAI Forum: Protecting Tribal Lands and Sacred Places: Current Threats Across Indian Country". NCAI. June 29, 2020. Retreived on July 23, 2020 from: https://www.youtube.com/watch?v=g_DGzzlgkGo

Grand Traverse Band's Land Claims Distribution Trust Fund

Year

After 26 years of negotiation with the US government over how monies from a land claims settlement would be distributed, the Band assumed financial control over the settlement by creating a Trust Fund system that provides annual payments in perpetuity to Band elders for supplementing their social security benefits. The Land Claims Distribution Fund was created to not only provide an additional permanent safety net for the Tribe's elders, but also to honor their lifetime contributions and sacrifices. The Fund also enables the Tribe to effectively manage its own settlement award rather than having it remain under the management of the US government.

Resource Type
Citation

"Land Claims Distribution Trust Fund". Honoring Nations: 1999 Honoree. The Harvard Project on American Indian Economic Development, John F. Kennedy School of Government, Harvard University. Cambridge, Massachusetts. 2000. Report.

Permissions

This Honoring Nations report is featured on the Indigenous Governance Database with the permission of the Harvard Project on American Indian Economic Development. 

The Bay Mills Buck Stops With NIGC

Year

With a case of potentially catastrophic consequence for Indian country now pending before the U.S. Supreme Court, all of the players who can possibly prevent the disaster are either sitting on their hands or pointing fingers.

The National Indian Gaming Commission has failed to act, citing a woefully incorrect legal opinion regarding its enforcement authority and the unfortunately timed departure of former NIGC Chairwoman Tracie Stevens. The Department of Justice sits publicly idle, too, despite its own civil enforcement power. Then there is Department of the Interior, whose Solicitor has written less than stellar lands opinion of her own, and whose Assistant Secretary for Indian Affairs simply blames the Bay Mills Indian Community for “put[ting] us in this position.” Meanwhile, the National Indian Gaming Association says that it is Interior who must take action “to moot the case and prevent a negative Supreme Court decision,” while completely turning a blind eye to the NIGC...

Resource Type
Citation

Galanda, Gabriel & Ryan Dreveskracht. "The Bay Mills Buck Stops With NIGC." Indian Country Today Media Network. November 6, 2013. Opinion. (https://ictnews.org/archive/the-bay-mills-buck-stops-with-nigc, accessed February 12, 2024)

Cobell Settlement Land Buy-Back Program

Producer
Native Peoples Technical Assistance Office
Year

In January 2014, the University of Arizona Native Peoples Technical Assistance Office and the Indigenous Peoples Law & Policy Program co-hosted a conference in Tucson on the Cobell Settlement Land Buy-Back Program. This conference detailed the history of allotted lands, the current status of the Department of the Interior Land Buyback Program for Tribal Nations, how the land buy-back program was working for one tribal nation, and the drawbacks and ethical issues surrounding the land buy-back program.

Citation

Native Peoples Technical Assistance Office. "Cobell Settlement Land Buy-Back Program." Native Peoples Technical Assistance Office. University of Arizona. Tucson, Arizona. January 2014. Video. (http://nptao1.arizona.edu/cobell.html, accessed August 29, 2014)