Update of Selected Studies in Transportation Law, Volume 8, Section 3: Indian Transportation Law (2019)

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CONTENTS A. Introduction, 3 B. Indians, Tribes, and Historical Background, 3 1. Background, 3 2. Historical Background—Federal Government Indian Policy, 4 3. Historical Background—Indian Law, 11 C. Jurisdiction in Indian Country, 14 1. Concepts Necessary to Understand Jurisdiction in Indian Country, 14 2. Civil Jurisdiction—Federal Jurisdiction in Indian Country, 17 3. Civil Jurisdiction—State Jurisdiction in Indian Country, 17 4. Tribal Jurisdiction—Tribal Jurisdiction in Indian Country, 21 5. Criminal Jurisdiction in Indian Country, 33 D. Reservation Boundary Disputes, 38 E. Fee-to-Trust Process and Reservation Proclamations, 39 F. State Sovereign Immunity in Suits Involving Tribes, 40 G. Contracting with Indian Tribes and Tribal Entities, 42 1. Introduction, 42 2. Initial Considerations: What Type of Entity Is Entering the Contract and Who Has Authority to Bind That Entity?, 42 3. Tribal Sovereign Immunity, 43 4. Dealing with Jurisdictional Issues: Choice of Law and Forum Selection Clauses, 45 5. Transactions that Relate to Indian Lands, 46 H. Acquisition of Indian Land for Public Transportation Purposes, 47 1. General, 47 2. Bureau of Indian Affairs (BIA) Grants of Right-of- Way, 48 3. State Eminent Domain Powers and Indian Land, 52 I. Federal Highway Programs Involving Indian Lands, 53 1. The Federal-Aid Highway Program, 53 2. Tribal Transportation Program (Formerly Indian Reservation Road Program), 53 3. The IRR Bridge Program, 56 4. Emergency Relief Program for Federally Owned Roads, 56 5. Federal Lands Highway Program (23 U.S.C. § 204), 56 6. Tribal Technical Assistance Program, 57 J. Federal Transit Programs Involving Indian Tribes, 57 K. Planning and Project Development Activities, 58 1. Planning, 58 2. Environmental and Related Issues, 60 L. Construction Activities, 68 1. Indian Employment Preferences and Contracting, 68 2. Tribal Employment Rights Ordinances, 71 M. Operation and Maintenance of Highways on Indian Lands, 74 1. State Enforcement of Highway Laws, 74 2. Jurisdictional Issues Carrying Out Federal Programs, 74 N. Government-To-Government Cooperation, 78 1. General, 78 2. State Approaches and Experiences, 80 3. Tribal–State Cooperative Agreements, 82 O. Conclusion, 84 2 NCHRP LRD 76