Land/Jurisdiction

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What Is Indigenous Self-Determination and When Does it Apply?

What Is Indigenous Self-Determination and When Does it Apply?

Self-determination is an expression often used in discussion of indigenous goals. However, the meaning of self-determination varies among Indigenous Peoples, scholars, international documents, and nation states. The most common meaning of self-determination suggests that peoples with common…

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BIA Head Kevin Washburn Speaks to ICTMN About Bay Mills and the Need to Resolve Water Rights

BIA Head Kevin Washburn Speaks to ICTMN About Bay Mills and the Need to Resolve Water Rights

Interior Secretary — Indian Affairs Kevin K. Washburn was in New York City in September as the historic Peoples’ Climate March and the United Nations General Assembly opened its 69th regular session with the first World Conference on Indigenous Peoples, where he added to our excitement here at…

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Muscogee (Creek) Nation Creates Conservation District With USDA

Muscogee (Creek) Nation Creates Conservation District With USDA

The Muscogee (Creek) Nation, working with the U.S. Department of Agriculture (USDA), has established a conservation district, the two entities announced on November 19...

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The Complex Relationships Between Nations States and Indigenous Nations

The Complex Relationships Between Nations States and Indigenous Nations

Contemporary indigenous nations are captured by a host nation state. The way in which the nation state legally, politically, and culturally defines and acts toward indigenous nations greatly affects the opportunities indigenous nations have for securing political autonomy, territory, and cultural…

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People Belong to the Land; Land Doesn’t Belong to the People

People Belong to the Land; Land Doesn't Belong to the People

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) does not recognize the right of indigenous nations to own land outside the laws and rules of national governments. According to international historical doctrines of discovery, Indigenous Peoples, non-Christian nations,…

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Osage Nation to receive $7.4 million in Cobell Land Buy-Back program

Osage Nation to receive $7.4 million in Cobell Land Buy-Back program

The Land Buy-Back Program for Tribal Nations has come to the Osage and the federal government is proposing $7.4 million to buy back fractionated land interest from individual tribal members. According to tribal development and land acquisition director Bruce Cass, who is working with Osage attorney…

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Indian Country Today Article

The Unintended Consequences of Disenrollment

For most of the modern tribal self-determination era, American Indian nations have emphasized inclusion. Starting in the early 1970s, higher tribal membership numbers equated to higher federal self-determination dollars. As tribes otherwise redoubled their efforts to reverse the destruction caused…

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Idle No More: Decolonizing Water, Food and Natural Resources With TEK

Idle No More: Decolonizing Water, Food and Natural Resources With TEK

Watersheds and Indigenous Peoples know no borders. Canada’s watershed management affects America’s watersheds, and vice versa. As Canada Prime Minister Stephen Harper launches significant First Nations termination contrivance he negotiates legitimizing Canada’s settler colonialism under the guise…

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Minnesota Tribes Collaborate to Save State’s Disappearing Moose Population

Minnesota Tribes Collaborate to Save State's Disappearing Moose Population

Tribal rights to natural resources in the Great Lakes states have been the subject of much attention. In 1999, the United States Supreme Court affirmed lower court rulings in favor of the Ojibwe of Minnesota and Wisconsin, which retained treaty rights in Minnesota’s 1837 Treaty ceded territory (…

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Tribes reach key milestone with jurisdiction provisions of VAWA

Tribes reach key milestone with jurisdiction provisions of VAWA

The tribal jurisdiction provisions of the the Violence Against Women Act became effective nationwide on Saturday, clearing the path for non-Indians to be held accountable for abusing their Indian partners. Congress enacted S.47 to recognize tribal authority to arrest, prosecute and punish non-…

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Cass Board, Leech Lake Tribal Council highlight cooperative efforts

Cass Board, Leech Lake Tribal Council highlight cooperative efforts

The cooperation and partnerships between Cass County and the Leech Lake Band of Ojibwe in recent years have not only been successful but apparently are highly unusual, both state- and nationwide. Time and again at the April 24 joint meeting of the county board and tribal council, at Northern Lights…

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New Inter-Tribal Fish Commission Formed to Give Alaska Tribes a Say

New Inter-Tribal Fish Commission Formed to Give Alaska Tribes a Say

Alaska reminds me of Washington state. Let me qualify that. Alaska reminds me of Washington state before the mid-1970s. Back then the region was deeply divided over treaty rights, salmon, and even the definition of what it meant to be an American Indian in modern times. The official state…

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Political Autonomy and Sustainable Economy

Political Autonomy and Sustainable Economy

A unique attribute of Indian political ways was noted early on by colonial observers. Indians, Indigenous Peoples more generally, were engaged in everyday political action as full participating community members. Every person had the right to be heard. Decisions were made through discussion and…

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ON Congress passes five-year banishment bill targeting convicted drug dealers

ON Congress passes five-year banishment bill targeting convicted drug dealers

Dangerous drug dealers convicted in the Osage Nation tribal court system are now subject to a mandatory minimum five-year banishment from the Nation’s jurisdiction. The Fourth ON Congress passed a bill (ONCA 15-31 sponsored by Congressman RJ Walker) on April 20 with a 7-4 vote putting the five to…

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ast-off State Parks Thrive Under Tribal Control, But Not Without Some Struggle

Cast-off State Parks Thrive Under Tribal Control, But Not Without Some Struggle

Rick Geisler, manager of Wah-Sha-She Park in Osage County, stands on the shore of Hula Lake. When budget cuts led the Oklahoma tourism department to find new homes for seven state parks in 2011, two of them went to Native American tribes. Both are open and doing well, but each has faced its own…

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Passamaquoddy Tribe Amends Fishery Law to Protect Its Citizens from State Threat

Passamaquoddy Tribe Amends Fishery Law to Protect Its Citizens from State Threat

The Passamaquoddy Tribe’s fishery law has been amended to implement individual catch quotas for the lucrative elver season that began on April 5. While the quota system conforms to a new state law, Passamaquoddy leaders stressed that the change was made to both protect tribal citizens and conserve…

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Arizona tribe set to prosecute first non-Indian under a new law

Arizona tribe set to prosecute first non-Indian under a new law

Tribal police chief Michael Valenzuela drove through darkened desert streets, turned into a Circle K convenience store and pointed to the spot beyond the reservation line where his officers used to take the non-Indian men who battered Indian women. “We would literally drive them to the end of the…

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Seneca Nation Implements Native Plant Policy

Seneca Nation Implements Native Plant Policy

The Seneca Nation of Indians are spearheading a movement to reintroduce more indigenous flora to public landscapes on tribal lands in Upstate New York. The tribal council unanimously approved a policy that mandates all new landscaping in public spaces on Seneca lands exclusively be comprised of…

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U.S. Land Rights for Indians?

U.S. Land Rights for Indians?

There is an argument within federal-Indian law literature that suggests Indians could have more effectively protected land under U.S. law if they owned land in fee simple rather than under trust. There is better protection for private property under the U.S. Constitution than can be had from…

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Eastern Band of Cherokee Replenishes Iconic White-Tailed Deer on Its Lands

Eastern Band of Cherokee Replenishes Iconic White-Tailed Deer on Its Lands

The Eastern Band of Cherokee, deprived for centuries of the white-tailed deer that symbolizes their culture, are in the process of getting their icon back. Though deer are considered almost a pest in many parts, devouring gardens and proliferating, the Cherokee themselves, who have cherished the…