TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest (LRD) 76 examines the intersection of transportation law and Indian law as it relates to federal, state, and local transportation agencies.
The LRD provides background information on Indians, tribes, and the history of the federal government’s Indian policy and Indian law and explores jurisdiction in Indian country beginning with three basic concepts (inherent tribal sovereignty, Indians and tribal membership, and Indian country).
The LRD examines basic terms for land ownership on reservations and in Indian country more generally; provides an overview of criminal jurisdiction in Indian country; explores the law related to reservation boundary disputes; the fee-to-trust process and reservation proclamations; state sovereign immunity in suits involving Indian tribes; contracting with Indian tribes and tribal entities; acquisitions of Indian lands for public transportation purposes; and federal highway and transit programs involving Indian tribes.
In addition, the LRD explores planning and project development activities, construction activities, and operation and maintenance of highways in Indian country followed by a final section on government-to-government cooperation between states and Indian tribes.
Table of Contents
|NCHRP LRD 76: Update of Selected Studies in Transportation Law, Volume 8, Section 3: Indian Transportation Law||1-1|
|B. INDIANS, TRIBES, AND HISTORICAL BACKGROUND||3-13|
|C. JURISDICTION IN INDIAN COUNTRY||14-37|
|D. RESERVATION BOUNDARY DISPUTES||38-38|
|E. FEE-TO-TRUST PROCESS AND RESERVATION PROCLAMATIONS||39-39|
|F. STATE SOVEREIGN IMMUNITY IN SUITS INVOLVING TRIBES||40-41|
|G. CONTRACTING WITH INDIAN TRIBES AND TRIBAL ENTITIES||42-46|
|H. ACQUISITION OF INDIAN LAND FOR PUBLIC TRANSPORTATION PURPOSES||47-52|
|I. FEDERAL HIGHWAY PROGRAMS INVOLVING INDIAN LANDS||53-56|
|J. FEDERAL TRANSIT PROGRAMS INVOLVING INDIAN TRIBES||57-57|
|K. PLANNING AND PROJECT DEVELOPMENT ACTIVITIES||58-67|
|L. CONSTRUCTION ACTIVITIES||68-73|
|M. OPERATION AND MAINTENANCE OF HIGHWAYS ON INDIAN LANDS||74-77|
|N. GOVERNMENT-TO-GOVERNMENT COOPERATION||78-83|
The National Academies Press and the Transportation Research Board have partnered with Copyright Clearance Center to offer a variety of options for reusing our content. You may request permission to:
For most Academic and Educational uses no royalties will be charged although you are required to obtain a license and comply with the license terms and conditions.
For information on how to request permission to translate our work and for any other rights related query please click here.
For questions about using the Copyright.com service, please contact:
Copyright Clearance Center
22 Rosewood Drive
Danvers, MA 01923
Tel (toll free): 855/239-3415 (select option 1)
Loading stats for Update of Selected Studies in Transportation Law, Volume 8, Section 3: Indian Transportation Law...