National Indian Law Library

NILL No. 010008/1973

Volume 2, No.3 October - December, 19~ MAKING THE WHITE MAN'S LAW FIT THE INDIAN­ THE MENOMINEE RESTORATION ACT This year, in the midst of the Watergate crisis, Indians made the American political process work for them. There is both irony and hope in this coincidence. Watergate provides the irony. The Indians provide the hope. ,.. ~ Millions of Americans have <-- ;~en stunned and disillusioned by (' \~te revelations of Watergate. _ Few, if any, Indians have been because they have been the victims of an "Indian Watergate .,~~,"" .- Affair" since they signed the first :;,-,~ ':. ',: .. treaties with the United States government. Corruption, ob- struction of justice, and abrogation of constitutional and congressional authority by pious men with mis-guided motives have all been a continuous part of Indian experience in the American political system. Congress has been dragging on the Indian Watergate Affair for This year the Menominee The fact that after 200 years th, about 200 years,even though ithas gathered and took their evidence Menominee were still willing t( had no trouble obtaining to Congress in the form of a self­ risk an encounter with th( evidence, because there has been designed piece of legislation ­ American political system shoul( no public outcry. It is just that The Menominee Restoration Act. provide an example for al Congress has found it easier to They asked Congress to judge that citizens who have beel deal with the near political ruin of their former trust relationship disillusioned by past and curren a single President than it has with with the United States Govern­ political corruption. The fact tha the near annihilation of an entire ment should be restored. the encounter was successfu race. Congress gave the Menominee the indicates that when the system i~ ..,; r- The experiences of the exact decision they wanted, and not subjected to Watergate-typ, ~~nominee Tribe of Wisconsin therein lies both the hope and abuses, it really can work to th, ''':hclude some of the most shocking potential resolution of all benefit of all Americans, evel evidence in Indian Watergate. Watergate affairs. Native Americans. THE PEOPLE OF THE million acres in what is now traditional dress to remind tl Wisconsin and upper Michigan. Menominee people as he mOVE WILD RICE (See map). During the next 40 among them that "this is!' We years the Menominee were forced the white man's law fi~ ~ Ii to cede almost all of their land to dian." the United States. Some was for In 1854, Chief Oshkosh and tl advancing white settlers - some Menominee signed the Wolf Rivl was for other Indian tribes who, Treaty which confined the Tril because their own lands were to less than 235,000 acres of fore more coveted than that of the land along the Wolf River Menominee, were conveniently northeastern Wisconsin. The 1 transferred to Menominee same acres then shortly becan territory. the Menominee Indian Rese Chief Oshkosh, a tribal vation which the United Statl spokesman during much of this government agreed to hold j cessation period, is remembered trust. As was the case wi1 for his tolerance and humor. He hundreds of other Indian tribe was presented with a gift of a top the federal government ab hat and formal dress coat by promised to hold the oth( Governor Dodge of Wisconsin just Menominee assets in trust . after the Treaty of Cedars in 1836 protect the Tribe's various trea1

in which the Menominee ceded 3 rights and through the Bureau I million acres to the United States. Indian Affairs to manage tl Menominee Chief Oshkosh, 1836 Chief Oshkosh saved the coat reservation and supply bas and hat and wore them over his community services.

This Js how the white man's law fits the Indian. ~i'-i'-'-r'~{ The Menominee Indians had their first encounter with white men in the early 1600's. For the next 200 years they were buffeted and proselytized by both British and French colonists. By the end of the 17th century the majority of the Menominee had been con­ verted to Catholism by Jesuit missionaries, and the process of acculturation was under way. Compared to other tribes, the subsequent toll in divisiveness between the Catholic Menominee and those following the traditional Menominee religion was small. These divisions were not unlike the later divisions between full and mixed bloods, but for the most part the Menominee maintained strong tribal unity. In 1817 the Tribe signed its first MENOMINI LAND CESSiONS treaty of peace and friendship with the United States govern­ 1827-1856 ment. At that time the Menominee still occupied their aboriginal 81 1827 TREATY ~ 16~1-32 TR~TIr:S I§J 1836 TREAT" mIl 16+6 jlit£ATY lands consisting of more than nine 2 Wisconsin who refused to par­ man's law and the ways of Indie ticipate in the Allotment Act and Watergate they discovered th therefore their tribal lands they had the right to review the remained intact. This initial governmental trustee's operat!{ attempt by Congress to "cover­ and management of their asset up" the clash between the two They soon saw that local fore cultures by imposing the values of service agents - in violation of one upon another lasted almost congressional mandate - he: half a century. It saw two-thirds decided to clear-cut their timbe of the Indian land in the United The more the Menominee iJ States pass into non-Indian vestigated, the more trouble thE: ownership - primarily through found. It was finally concludE: fla ttery, tricks and unmet tax that there had been gro~ assessments. Unfortunately, the mismanagementby the BIA of U Menominees' decision to not Tribe's forest assets and after participate in the General long bureaucratic struggle U Allotment Act was the first in a Menominee obtained permissic series of events which led them to from Congress to sue their trust€ near devastation. It was an in the U.S. Court of Claims, Tt example of early Indian suit was filed in 1935, and the ca~ Watergate irony, was before the court for the ne} Because the boundaries of the sixteen years. During this perio We accepted our present reservation MenomInee Reservation, as they the governmentts managemer when It was considered of no value were established in 1854, provided tactics improved somewhat an by our white friends. All we ask is for a land base of less than 1/36th the Menominee's assets ir that we are permitted to keep It as a the original size of Menominee creased. home. tribal lands, the Menominee were /" Neopit, Menominee no longer able to sustain them­ C~ C.ht.'ef,.,.1.8.82 _ selves by their traditional means of hunting, fishing and gathering ''Nowadays, we undoubtedly ought wild rice. The land was, at that to break up the great Indian point in time, a little-desired, reservations, disregard the tribal inaccessible, but nevertheless governments, allot the land In magnificent forest. Beyond its severalty (with, however, only a limited power of alienation), and essential significance as a treat the Indians as we do other spiritual, cultural and physical citizens, with certain exceptions, for refuge, the forest also soon their sake as well as ours." became the basis for a modest tribal lumbering operation. Theodore Roosevelt, The Winning of tho West, In 1908 legislation was passed 1889 giving the U.S. Forest Service the responsibility for administering a sustained-yield harvest of the Menominee forest. It was the first Finally, in 1951, the Unite( In 1887 Congress made its first sustained-yield forest in the States Court of Claims awarded; major attempt to deal with the United States. In this same year a $8.5 million judgment to thl Indian problem by passing the mill was built at the Neopit set­ Indian Allotment Act. The Menominee for the BIA'1 tlement on the reservation. mismanagement of their trust Allotment Act was an attempt to Although both the timber cutting This money, like all tribal assets force individual Indians to own operations and the mill were was deposited to the Menominel .' private property - a concept controlled and managed by the account in the U.S. Treasun totally inappropriate to a people BIA in cooperation with the bringing the Tribe's total assets t( ",whose existence was centered on .r~~mUnallY Forest Service, they did provide almost $10 million. However, nonE , shared mother employment for a significant of the money could be spen number of Menominee men. without Congressional approval '--The Menominee Tribe was the As the Menominee became and this restriction turned out t< only tribe in the State of more familiar with the white be a fatefully crucial one. THE MENOMINEE TERMINATION ACT· A PERFECT EXAMPLE OF INDIAN WATERGATE t

At some future time ------'"What made the white people of this You will think of me country so strong? Wbat made And cry America so strong? Why Is America Pre-Columbian the most powerful nation in the Menominee Poetry world today •. .? I believe tbat one reason for thatis that the people who came here bad to stand on their feet from the very beginning. They had to conquer the wildemess •••. So these people bad a lot of work to do. In 1953, the Menominee Tribe They worked, and fought and died •• was one of only three Indian tribes •• Theybad to struggle and work and in the country who were finan­ plan, and bave an ambition to get cially able to pay the U.S. ahead, - and that is why they did governmentfor the cost of most of get ahead. Inour time, let us look at a man like Henry Ford. He started their federal services. They were out with practically nothing ••• he able to do so because they were established one of the greatest learning how the white man's law businesses in the entire world. And was fitting the Indian. They had he became a great character instinctively resisted par­ because hehadto struggle ••••" ticipation in one law (the Allot­ Senator Arthur V; Watkins ment Act), and that decision had of Utah, addressing the Menominees left them with the assets that on the benefits of Termination, tempted some Indian Watergate June 20, 1953 participants to violate another law. The Menominee then suc­ ---_.... cessfully prosecuted those responsible only to obtain assets Senator Watkins was a which so irked and provoked a Republican from Utah who served man that he used his will and in the U.S. Senate from 1947 to senatorial position to make yet 1958. He was also the architect another law - a law which he and prime mover of Menominee belligerently believed fitted the Termination. When the Laird- Menominee. It did not. The law, McCarthy Menominee the Menominee Termination Act, distribution bill reached the~ ~~ was so ill-fitting that the Menominee Record of a Mide Song Senate Committee on Interior and Menominees nearly died from Insular Affairs, it ran up lIgainst" exposure. an amendment sponsored bY', Virtually all individual Senator Watkins. As chairman o~ Menominees were poor in 1953. the Committee he exercised Their incomes, housing, health, extraordinary control over the' and education all fell far below the first place. As wards of the proceedings and refused to reporf national and Wisconsin norms. U.S. government they needed the Laird bill favorably, cal Because of this the Menominee congressional approval to upon the Menominees to submit a felt a need to distribute a portion distribute their own money to plan for "termination" before th of the 1951 Court of Claims themselves. The then $1,500 per capital payment coul, judgment - about $5 million ­ Representative Melvin Laird and be distributed. The amount 0 among themselves on a $1,500 per Senator Joseph McCarthy in­ confusion, deception, and lack h capita basis. It was a reasonable troduced the Menominee request understanding between t e and sound decision since these bill and it passed the House. Menominee and the governmen~ monies would have come to the However, in hearings before the that followed resembles Menominee earlier as annual Senate Committee it ran up microcosm of everything tha stumpage payments had the against Senator Arthur V. gone on in the Indian Water~.. forest been managed properly in Watkins. Affair. 4 1 I

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Menominee Sawmill at Neopit, 1971

"'~ , ,,,~, ...__._._...- In June 1953 Senator Watkins with termination, the samE Senator Watkins: It was a very spent a few hours on the Council voted 197 to 0 to OPPOSE interesting experience. I ap­ Menominee Indian Reservation. and reject termination. Senator preciated your help in introducIng He spoke to the General Council Watkins prevented his me to those people and giving me for about 45 minutes. He told the Congressional colleagues from the opportunity to see how they lived, how they felt about it. That Menominee that Congress had ever getting this second message was one of the most interesting decided to terminate them and from the Menominee. experiences of the whole trip. that within three years their af­ fairs would be turned over to them Mr. Waupochick (a Menominee): and that they would not receive We wish you could have stayed Senator Watkins badly wanted our longer. their per capital payments until after termination. termination. He was firmly con­ vinced that factors such as our Senator Watkins: I had the same The Council was then asked to status as Reservation Indians, our experiences visiting Europe, the vote on the principal of ter­ tribal ownership of land, and our tax refugee camps of the near East. mination. The vote was 169 to 5. exemption were blocking our Many of the 169 voting for ter­ initiative, our freedom, and our mination (which was only five per development of private enterprise. He wished to see us rapidly cent of the Tribe) thought that There is no word in any Indian assimilated into the mainstream of Congress had already decided to American society - as tax paying, language for "termination". It terminate them - others believed hard working, "emancipated" has been translated as meaning they were voting in fa vor of the citizens. Senator Watkins did not "to wipe out" and with real $1,500 payments. believe that our consent to ter­ justification in the case of the mination was necessary for its Menominee.. They felt and un­ Following this first vote the enactment. derstood from Senator Watkins Menominees began to work on a DRUMS TeltlmOny Sub that they had no choice but to plan for termination while mltted to the Senate tI/t):cept termination even though Watkins was working on his own. Committee on fntenor - 'ley, and certainly not Senator Another General Council meeting lind fnm/ar A//ans, Watkins, knew what the im­ was held and, having had only ju/)! 21, 1971 plications of it would be. minimal planning experience 5 On June 17, 1954, the Menominee Enterprises Inc. record which came out of the , Menominee Termination Act was (MEl), and suddenly Menominee hearings on the Menominee bill. I signed into law by President survival was based on knowledge Menominee objections to 4- ~,~ Eisenhower. The Act finally gave of a complicated, corporate-style mination were plainly eviden ~ ...... ~ -~ the Menominee the $1,500 per of living including: par value 'out. .lIke the Watergate tapes _ capita payments they had stocks, voting trusts, income there were "gaps and erasures" originally sought (and to which bonds and shareholder rights. in the record where Menominee they were already entitled), but it objections had been voiced. also closed the tribal rolls, Congress passed the Menominee required that the tribe submit a Termination bill believing that it plan to provide for future control had been approved by the tribal of their assets, and ended all membership. federal services. Perhaps most importantly, the act eliminated The effects of termination and the tax exempt status of the corporate-style management of reservation lands. Menominee assets pitted brother It was then to take Congress, against brother and, parents Wisconsin and the Menominee against their children., It in­ seven years to agree on an creased the poverty of most in­ inordinately complex termination dividual Menominees, created plan. After the plan was com­ political turmoil, and brought on pleted. the Menominee then were economic chaos. unexpectedly asked to pay the ,. But most importantly, ter­ costs for a formidable array of mination eroded the Menominee studies, meetings and designs land base. Two-thirds of the net associated with the planning operating income from the MEl's l' lumber operation went to pay , process. The actual plan was such ,,~ a complex and lengthy legal taxes. Because MEl has lacke.d~, document that few Menominee, profits, or had only margin?'., governmental officials, lawyers, ones, it lacked the mone. ' or experts associated with it necessary to modernize or .. comprehended it. It provided a diversify the milling operations. way of preserving a semi­ Consequently, it could not com­ separate tribal identity by per­ pete with the surrounding in­ mitting the Menominee to vote to dustry. MEl, as well as individual become a separate Wisconsin Menominee, were forced to sell Country. However, almost im­ corporate shares and land in mediately their hospital and other order to pay county and $tate health services, including sewage Menominee Beaded Garters taxes. As a result, acres and acres systems were declared below of the heartland of the Wisconsin state standards and magnificent Menominee forest were condemned and closed. were sold to non-Indians and Menominee reservation lands fell There hasn't been a hospital or a Menominee termination was full-time doctor or dentist in into the hands of non-Indian" one of the most abortive developers who destroyed Menominee Country since ter­ operations in Indian Watergate. It mination. The BIA high school religious sites and the cultural is particularly sad because it character of the community. closed and Menominee children probably need not have occurred. are now bussed to schools in Congress' own internal system of Interestingly enough, the, adjacent Shawano County, where checks and balances was corporate structure of MEl did '; the curriculum, orientation and corrupted by one overzealous not provide for control by the1 atmosphere are totally non­ senator and several disinterested Menominee. Non-Indian Indian. Correspondingly the drop­ ones. The excessive absenteeism businessmen and so-called ex-. out, expulsion and absenteeism among members of the Senate perts were given control over the l rates of the Menominee have Committee on Interior and In­ operation to insure its succes soared. sular Affairs permitted Senator The result was collusion with no~ ; The tribal assets were turned Watkins to control the Indian interests and the demise of over to a new corporation, proceedings and therefore the Menominee assets. 6 TERMINATING TERMINATION

when a group of Menominee DRUMS, and a Madison, .' What type of life must these people formed an organization known as Wisconsin, attorney, Joseph be living to think that life under the Determination of Rights and Preloznik, who began working BIA would be better than the life Unity of Menominee Shareholders with the DRUMS leaders when he they have now? (DRUMS). was with the OEO legal services Representative John P. Say/or, Seeing that MEl was not program,Wisconsin Judicare,saw October 16, 1973 operating economically or that the law suits had achieved democratically, lawsuits were important but only preliminary filed by DRUMS to force a results. They were a little like the In 1968 after a very costly legal restructuring of MEl so that the trials of those men originally battle, the United States Supreme Menominee people would have a charged with the burglary of the Court ruled that the Menominee stronger voice in running its af­ Democratic National treaty rights to hunt and fish had fairs. Another lawsuit was Headquarters in the Watergate "survived" termination. brought to control a MEl land building. They pointed the (Menominee Tribe v. U.S. 391 sales program which was strip­ Menominee prosecutors in the US404, 1968). This suit was the ping the Menominee of their right direction - toward ter­ beginning of the Menominees' sacred land. However, DRUMS minating termination. battle to reverse the effects of soon recognized that termination Joe Preloznik began consulting termination. But the actual had its roots in Congress and that with the Native American Rights process of reversal (Le. was where they were going to Fund about the problems of the restoration) didn't begin until 1970 have to be torn out. Menominee soon after NARF

Following a Trail 7 ___00 "

came into existence. In late 1971, DRUMS asked Preloznik and Senator Edward M. Kennedy to request the Native American Rights Fund to do the time con­ suming and complex task of drafting a bill to restore the trust relationship and tax free status of Menominee lands. Native American Rights Fund attorneys, Yvonne Knight and Charles Wilkinson, made their first trip to meet with the Menominee in December 1971. These were the first of more than 1400 man-hours Menominee Tambourine Drum they were to spend working with .,." , . the Menominee on the Menominee Restoration Act (MRA) during the next two years. DRUMS was determined that Menominees' former Congf'e'ss­ case during the restoration effort, the mistakes made during the man, and Representative:r~Lioyd the Menominee people turned out decision-making process of ter­ Meeds, Congressman fro'In';the for the hearings in great force. mination be avoided in seeking State of Washington and. Chair­ Three busloads of tribal members restoration. For this reason man of the Indian Affairs Sub­ arrivedfrom Wisconsin and many DRUMS carried on a continuing committee. Field hearings' were other tribal representatives series of consultations with the held in Keshena, Wisconsin and in traveled to Washington by other Menominee people concerning the Menominee County in May, 1973. means. Tribal members and provisions they wished to see in The hearings began with a Assistant Secretary of the In-·· the MRA. Community meetings traditional Menominee prayer, terior, Marvin Frank'!.... ~ were held in Menominee County, offered by a Menominee, Don representing the BIA (which'. ~;" Milwaukee and Chicago. The Perote, and were open to anyone supported termination), testified I meetings were repeated and who wished to testify. Without on behalf of the legislation...... repeated again~ No single piece of exception, all of the many Ironically, only a few weeks, legislation can possibly include all Menominee who testified were in before the Menominee 7 the ideas of a culture as diverse as favor of the Restoration Act. The Restoration Act was reported out: that of the Menominee, but the hearings closed with Congress­ of the full Committee on Interior MRA finally came amazingly man Meeds' promise that prompt and Insular Affairs with the close to reaching that difficult action would be taken on the bill. unanimous bi-partisan support of goal. its members, Senator Arthur V.: On April 20, 1972, the Full House Subcommittee Watkins was buried in Utah. The' Menominee Restoration Act was hearings were held in policy of termination was to introduced into both the House Washington, D.C. on June 28,1973. follow its architect to the grave and the Senate. As is the case with As had so consistently been the only four months later. virtually all complex legislation, changes were then suggested by many different sources. The same kind of hearings as were held on the Termination Act were repeated. This time, however, Menominee people' made certain that there were no gaps or erasures in the record. From the beginning, the strongest and most effective advocates for the Act in the House of Representatives were Representative David Obey, the Menominee Dance Ground 8 ) I

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Wilber, Chairperson of MEl; The Committee gave The passage of the MenomJnee Theodore Boyd, Vice-President of unanimous support and the full Restoration Act is a historic moment MEl; Ben Miller, Chairman of the Senate approved the Menominee In the Indian history of the United Menominee County Board; Ada Restoration Act on December 7, States. It symboUzes an admission Deer, Chairperson of the 1973. President Nixon signed it of fanure on the part of the United Menominee Common Stock and into law on Saturday, December States Congress and a formal repudiation of the termination ap­ Voting Trust; Robert Deer, Vice­ 22, 1973. proach. Chairman of MEl; and Carol Dodge, Director Menominee Representative Harold Froelich, County Education Committee. It is difficult to overestimate October 16, 1973 These persons represented all the significance of the Menominee segments of the community. Restoration Act. For the Capitol Hill veterans said that Menominee it was the only they had never seen more com­ realistic method of preserving The MRA was scheduled for a plete or impressive testimony. their tribal existence and for this roll-call vote before the full House The Menominee had learned how reason MRA has become a of Representatives on October 16, to make one part of the American symbol for all Native Americans. 1973. It passed the House by the political system fit the Indian. Restoration is not the first overwhelming vote of 404 to 3. The reversal in U.S. Indian policy, but vote represented one of the By mid-November, however, it it is probably the most important largest turnouts in the House had become apparent that the bill one. It provides the evidence during the entire year. The was moving slowly in the full needed to show that the American Menominee had plainly made Senate Committee on Interior and political system - imperfect as it their compelling case in the House Insular Affairs. No hearing had has been and will continue to be ­ of Representatives. Un­ been set and it was feared that the can be used as a tool to preserve fortunately, the MRA did not bill might not be reported out of Indian culture. move nearly as quickly on the the Committee during the session. Senate side. The first day of Quick action was becoming even Senate Subcommittee hearings more necessary because of the Further, after hearing evidence were held on September 17, 1973. increasingly crushing tax burden from the Menominee, any jury The hearings were begun by a upon the Menominee. would conclude that however moving address by Ernest confining, disproportionate, and Neconish, a Menominee-speaking Therefore, the Menominee paternalistic the original treaties elder spokesman of the Tribe. Legislative Delegation stepped up between Indian tribes and the Senators Jackson, Proxmire, its continuing pressure on the United States are - those treaties Nelson and Kennedy all per­ members of the Senate Interior have yet to be improved upon. sonally testified in support of the Committee and, almost certainly They must be guarded and .. ,legislation. Perhaps the most in response to this pressure, the defended just as carefully as the ( .l\omprehensive testimony during Committee rearranged its doctrine of separation of powers ""le!tfbe entire legislation process was calendar and scheduled an im­ for something as important as given by a panel of seven mediate mark-up session for the constitutional government is at Menominee including: Sylvia MIlA. stake- it is the survival of a race. 9 .'

The first priority of the Native . American Rights Fund is to assist HOW THE MRA FITS THE MENOMINEE Indian people to preserve tr tribal existence. The lei5"'~ In general, the goal of the Menominee 4. A tribal constitution will be adopted 'assistance provided to the Restoration Act is to return to the and a tribal council established. Menominee in drafting the MRA Menominee those benefits to which they was done because restoration was were entitled before restoration. In ad- 5. The tribal roll will be reopened and all the only means to preserve the dition, the act is broad enough to permit Menominee of at least ¥4 blood will be the Menominee toenterinto a new, flexible eligible to be added to the roll. Menominee Tribe. NARF at­ trust relationship which can both provide torneys Charles Wilkinson and maximum self-determination to 6. The tribe will regulate hunting and Yvonne Knight have represented Menominee and serve as a model for other fishing on the reservation, the Menominee in this effort in tribes. An analysis of the most important association with Joseph Preloznik provisions of the act is as follows: 7. Menominee County, which is presently of Madison, Wisconsin. In ad­ controlled politically by the Menominee dition to meeting with the 1. The magnificent Menominee forest people, will remain in existence. Thus the land, which is in excess of 200,000 acres, Menominee will have control of the county Menominee people on numerous willgo backinto trust. This means that the govermnent as well as the tribal govern­ occassions to be certain that their Menominee will be relieved of the crushing ment. wishes were fully embodied in the tax burden and that the tribal corporation legislation, the work also included should greatly improve its present, 8. The Senate Committee report drafting the original legislation, p-ecarious financial situation. specifically directs the Secretary, in reaching a trust relationship with the subsequent re-drafting, meeting 2. All treaty rights are reinstated. Menominee, to provide for "maximum with Congressmen and their Menominee Indian self-determination" staffs, testifying in both the 3. All federal services, too which the and to maintain "cultural pride and tribal Senate and the House, presenting Menominee were entitled before ter- autonomy". position papers on several dif­ mination, are returned This means that ferent issues and meeting with the Menominee will again be entitled to health, education, and other basic services representatives of the many to which Indians are entitled. different administrative agencies 1"',', involved. "

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Silver Bracelet

Menominee Moccasin Cutting Boards - - - ~- -lW8l1&W@ftlffttlllf- - -f~- Flute

Catlinite Sacrificial Bowl HeddIe for Weaving Beadwork

10 .. The Nafionallndian Law Library In the fall of 1969, when the first sub­ proximately 400 subject headings, em­ NILL Catalogue, Volume I, 1973-1974. The stantive meetings and correspondence ploying a key word and phrases system. Catalogue may be ordered from the relating to the development of the Native This systemis perhaps the easiest to work Library for $10.00 per copy. Catalogue American Rights Fund took place, the with, especially for lawyers new to the orders and requests for Library holdings Indian representatives, Ford Foundation specialized field of Indian Law. should be addressed to: personnel, and lawyers involved in the TheNIILCatalogue, Volume I, 1973-1974 planning process were faced with two is divided into three parts. Part I contains Native American Rights Fund confficting problems. One was the im­ the Library's current holdings arranged National Indian Law Ubrary mediate andblatantneed for highly skilled by subject matter. Where the holding is a 1506 Broadway and aggressive legal representation of case, a brief description of the litigation is Boulder, Colorado 80302 Native American people. The other was provided. Part IIof the Catalogue lists the Telephone 303 447-8760 the unavailability, or in many areas, the holdings numerically by acquisition total absence of lawyers with the requisite number and indicates the specific CASES Indian law expertise. documents in each me. Part III contains a The line directly below the title gives the The fact that there was no person or plaintiff-defendant listing and an author­ state, court(s), tribes(s) and date(s) when institution aware of all of the law affecting title listing. applicable. The court, except where shown Indians had been particularly detrimental Since the Library adds new materials to as a Federal Court, tribal court or ad­ to the restoration of Indian rights. The its collection every day, the holdings listed ministrative agency, is a court of the state efforts of those few attorneys involved in on the following pages are intended as an indicated at the beginning of the line. The the field have been uncoordinated and the update to the Catalogue. New acquisitions courts listed are not meant to be a history results, often even the existence, of Indian will be published in Announcement~ and of the case.but only refer to the documents .••~~~ .. ·tigation have not been generally known to cumulated annually in subsequent editions in the library files. The date is that of the ~}Dthers working in the field. In addition, the of the Catalogue. earliest document in the case of our files. ". standard conunercial reporting system Most NILL materials are available upon The date preceded by the letter "d." in­ • which has been applied to Indian Jaw was, request. There is a $.03 per page dicates the date on which the case was and still is, archaic. It uses fewer than 40 reproduction charge which is waived for settled or decided. If no date preceded by major subject ~adings to cover a field of Indian tribes, individuals, groups and the letter "d." is shown, then the case is law well-known as a morass of statutes, legal services. NILL is unable to supply undecided, on appeal in another court, or treaties and solicitor's opinions. Even copies of materials for which copyright the decision is unreported and we have no published or reported dedsions are permission has not been granted. record of it. Ifonly a date preceded by the relatively inaccessible and therefore not H possible, requests for holdings should letter "d." is shown, then all of the readily applicable to approprlate cases. be made with reference to the acquisition litigation in our file occurred during the Earlyin 1971, David Getches, the Fund's number and, because holdings contain year of the decision. The symbol (C.-) Founding Director, met with Eli Evans of many issues of Indian Jaw, users should indicates a connected or consolidated the Carnegie Corporation of New York specify the issues for which information is case. about the Fund's need for assistance hl being sought. Doing so enables the Library an Indian legal coordination effort. On staff to check the NILL in-house card 001005 Acquisition Number May 23, 1972, Alan Pifer, President of the catalogue for any new materials which Wisconsin v. Richard Gumoe. Carnegie Corporation, announced a may have been added to the collection Wise., Cir. Ct., Sup. Ct.• Chippewa, 1970. d.I972 $119,000 grant providing monies for the since publication of the Catalogue or I" first three years of the operation of the Announcements. This results in more "State CourtsI" Tribe DatesI' Library. Today, the National Indian Law precise responses to requests for in­ Library acts as a clearinghouse ­ formation, eliminates unnecessary collecting, cataloguing and making reproduction and mailing costs and available information on Indian litigation enables the Library to quickly fill an order ARTICLES. STUDIES. HEARINGS. ETC. and related issues. with the most relevant information. libraryusers should notethat the NILL in­ How To Use The Library house card catalogue provides access to The first line is the title of the holding. .. the Library's holdings by tribe, state and Below it is indicated the nature of the item In an effort to make the Library's defendant-plaintiff. Requests for and the publication, organization or in­ collection more accessible to tribes and materials by these categories may be stitution involved Ifthe item is an article, lawyers in the field, NILL has prepared a made. the volume and page number are given. ~mprehensive Subject Index to Indian Recent NILL Acquisitions The third line is the author, if applicable, '''law and has published a catalogue of the and the date of the item. The last line in­ , Library's holdings using this index as the The holdings listed on the following dicates the number of pages in the holding key to the collection. The index, developed pages according to subject matter have and where it may be obtained other than over a two year period. contains ap- been acquired since the publication of the from NILL. 11 ---

'. The listing below includes only the most recent acquisitions of the Library and does not show those subject headings that apply only to older holdings. A complete listing can be obtained by consulting the 1973-74 NUL Catalogue and itsupdate: Announcements, Vol. 2, Nos. 2and 3.

ABORIGINAL TITLE: CLAIMS AGAINST 001942 UNITED STATES James, Albert v. Eureka, City of. caL, Super. Ct., Wiyot, 1973. Descendants of original Indian occupants massacred 001853 on island seekretmn of ownershiprightsto island. Otoe and Missourla Tribe of Indians v. United States. Okla., Ct. Cl., Otoe and Missouria Tribe, 1954. 001959 Amicus argues that cession of land held by aboriginal "The Indians of Michigan and the Q:!ssion of Their title for an unconscionable consideration may be the Lands to the United States By Treaties." basis for an award under Indian Claims Commission Article, Michigan Pioneer and Historical Collections Act. Annual Meeting, 26:274. Felch, Alpheus, 1894. 001953 25 pgs. Nez Perce Tribe v. United States. Idaho, Ind. Cl. Comm., Nez Perce, 1963. ABORIGINAL TITLE: USE AND Tribe claims it received unconscionable consideration for cession of aboriginal lands under 1855 Treaty. OCCUPANCY ABORIGINAL TITLE: 001851 EXTINGUISHMENT Yankton Sioux Tribe v. u.s. So. Dak., Ind. Cl. Comm., Yankton Sioux, 1968. Yankton claim that as identifiable tribe which had title 001894 to lands ceded by 1858 Treaty, they are entitled to "Fishing Rights of Alaskan Indians." compensation from Indian Claims Commission. Opinion, Office of the Solicitor. Margold, Nathan R., 1942. 001892 31 pgs. "Alaskan Indian Fishing Rights." Memo to Commissioner of Indian Affairs, Office of the 002019 Solicitor. United States v. Lego, Raymond. Cohen Felix S., 1942. Cal., 9th Cir., Pitt River, 1973. 2 pgs. Indian accused of cutting timber in violation of federal law argues innocence because law exempts Indian 001894 lands and logging occurred on aboriginal land never "Fishing Rights of Alaskan Indians." ceded to government. Opinion, Office of the Solicitor. Margold, Nathan R., 1942. ABORIGINAL TITLE: RECOGNITION OF 31 pgs.

001851 001953 Yankton Sioux Tribe v. U.S. Nez Perce Tribe v. United States. So. Dak., Ind. Cl. Comm., Yankton Sioux, 1968. Idaho, Ind. Cl. Comm., Nez Perce, 1963. Yankton claim that as identifiable tribe which had title Tribe claims it received unconscionable consideration to lands ceded by 1858 Treaty, they are entitled to for cession of aboriginal lands under 1855 Treaty. compensation from Indian Claims Commission. ADMINISTRATION OF INDIAN AFFAIRS 001935 The Uintah and White River Bands of Ute Indians v. 001867 The United States of America. "One of the Last Human Hunts of Civilization, And the Utah, Ct. Cl., Uintah and. White River Bands of Ute Basest and Most Brutal of Them All." Indians, 1957. Pamphlet. Tribe claims compensation for loss of lands which it Bailin, Roxanne and Grossman, Aubrey, 1971. held by recognized title. 30 pgs.

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.' 001874 001906 "American Indian Reservation Economic Develop­ "Migratory Bird Treaty Act and Bald Eagle Act ­ ment Retarded or Thwarted Through Abridgement or Indian Hunting Rights." Loss of Indian Titles to Land and Rights to the Use of Memo to Director, Bureau of Sport Fisheries and Water by Policies, Agencies and Personnel of Federal Wildlife, Office of the Solicitor. Government." Vaughn, Charles H., 1962. Memorandum and Implementation. 2 pgs. Veeder, William H., 1969. 157 pgs. 001921 "Interim Procedure for Student Expulsions." 001890 Memorandum, Commissioner of Indian Affairs. "Departmental Review of Tribal Ordinance." Bruce, Louis R., 1972. Memo to the Commissioner of Indian Affairs, Office of 3 pgs. the Solicitor. Cohen, Felix S., 1941. 001923 2 pgs. "Claim of Kootenai Tribe of Idaho to Federally Recognized Fishing and Hunting Rights." 001900 Memorandum to BIA, Regional Solicitor, Portland. "Hunting, Fishing, and Trapping Rights of the Nez Dysart, George D., 1973. Perce Indians." 5 pgs. Opinion, Office of the Solicitor. White, Mastin G., 1949. 001926 6 pgs. "Memorandum Relative to the Titles to Rights to the Use of Water and the Authority to Control and Ad­ 001901 minister Them on the Flathead Indian Reservation." "Residence Requirements For Taking Fur Animals in Memo, BIA. Fur Management Areas in Alaska." Veeder, William H., 1967. Opinion, Office of the Solicitor. 39 pgs. White, Mastin G., 1950. 4 pgs. 001944 "Suggestions for Proposed New Regulations for 001902 Bureau of Indian Affairs General Assistance "Klamath Terminal Legislation." Program." Opinion, Office of the Solicitor. Memo. Armstrong, J. Reuel, 1955. Barlow, Sarah W" 1972. 24 pgs. 34 pgs.

001903 001948 "Hunting and Fishing Rights of the Klamath Indian Klamath Indian Tribe - Termination of Federal Tribe - Authority to Hire Game Wardens." Supervision. Opinion, Office of the Solicitor. Hearings before the Committee on Interior and Insular Armstrong, J. Reuel, 1956. Affairs and its Subcommittee on Indian Affairs, U.S. 3 pgs. Senate, 84th Congress, May 21 and October 18, 1956. 186 pgs. . 001904 "StateJurisdiction Over Criminal Trespass Actions on 001949 Klamath Indian Reservation." Federal Indian Policy. Opinion, Office of the Solicitor. Hearings before the Subcommittee on Indian Affairs of Armstrong, J. Reuel, 1956. the Committee on Interior and Insular Affairs, U.S. 5 pgs. Senate, 85th Congress, March 27, May 13 and 16, June 17, July 1 and 22, 1957.

f 001905 302 pgs. i . "Imposition of North Dakota State Fish and Game Laws on Indians Claiming Treaty and Other Rights to 001950 Hunt and Fish." Survey of Conditions of the Indians in the United Opinion, Office of the Solicitor. States. Armstrong, J. Reuel, 1957. Hearings before a Subcommittee of Committee on 8 pgs. Indian Affairs, U.S. Senate, May 28 and 29, 1931. 480 pgs.

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'. 001956 001985 "Disposition of Funds From Sale of Land by Tulalip "A Study of RI.A. Timber Management on the Tribes." Quinault Indian Reservation, 195G-1970." Memorandum to Commissioner of Indian Affairs, Study, University of Washington Indian Legal Associate Solicitor, Division of Indian Affairs. Problems Seminar, Studies In American Indian Law, Goss, Earle D., 1972. Vol. II, Johnson, Ralph W., Ed. 9 pgs. Beaty, Robert E., 1971. 87 pgs. 001961 "Requirements of Procedural Due Process in the 001991 Bureau of Indian Affairs General Assistance Tsosie, Helen and Nelson, ViDa Jean, In reo Program." Ariz., B.I.A., Secretary of Interior, 1972. Memo to Louis R. Bruce. Action to determine whether welfare recipients are Barlow, Sarah W., 1972. entitled to additional clothing allowance from BIA 55 pgs. general assistance for their children attending boar­ ding school. 001965 "Scope of the Snyder Act of November 2, 1921, 42 Stat. 208,25 U.s.C. §13." ADMINISTRATIVE LAW AND Memorandum to Commissioner of Indian Affairs, PROCEDURE Assistant Solicitor. Soller, Cl1arles M. 1971. 001909 5 pgs. "Getting Back The Land: How Native Americans Can Acquire Excess and Surplus Federal Property." 001966 Article, North Dakota Law Review, 49:33.·J. ''Validity of Sections 1.906 and 1.1605 of the Turtle Hodge, Ronald A., 1973. Mountain Tribal Code of 1968." 9 pgs. Memorandum to Commissioner of Indian Affairs, Associate Solicitor. 001911 Goss, Earle D., 1971. "Repaying Historical Debts: The Indian Claims 8 pgs. Commission." Article, North Dakota Law Review, 49:359. 001967 Danforth, Sandra C., 1973. "Requirement of Migratory Bird Hunting Stamp by 45 pgs. Membersofthe RedLake Band of Chippewa Indians to Hunt Ducks on the Reservation." 001991 Opinion, Acting Commissioner, 1951. Tsosie, Helen and Nelson, Viua Jean, In reo Lee, H. Rex. Ariz., B.I.A., Secretary of Interior, 1972. 1 pg. Action to determine whether welfare recipients are entitled to additional clothing allowance from BIA 001968 general assistance for their children attending boar­ The Southwest Indian Report. ding school. Report, U.S. Commission on Civil Rights, May, 1973. 177 pgs. ADMINISTRATIVE LAW AND PROCEDURE: EXECUTIVE 001969 Survey of Conditions of the Indians In the United DISCRETION States. Hearings before a Subcommittee of the Committee on 001940 Indian Affairs, United StatesSenate, Part 1, November "Impoundment of Appropriated Funds by the 12, 13 and 16, 1938. President." 408 pgs. Joint hearings before the Ad Hoc Subcommittee on Impoundment of Funds of the Committee on Govern­ 001972 ment Operations and the Subcommittee on Separation Federal Funding of Indian Education: A Bureaucratic of Powers of the Committee on the Judiciary, United Enigma. States Senate, 93rd Congress, Washington, D.C., Report, Legal Action Support Project, Report No.5. January30 and31, andFebruary 1, 6, and 7, 1973. Smith, Susan and Walker, Margaret, May, 1973. 1129 pgs. 142 pgs. 14 " , i

m,;-';

". ALLOTMENTS BUREAU OF INDIAN AFFAIRS

001976 001965 "The Indian Heirship Land Problem." "Scope of the Snyder Act of November 2, 1921, 42 Stat. Study, University of Washington Indian Legal 208, 25 U.S.C. § 13." Problems Seminar, Studies in American Indian Law, Memorandum to Conunlssioner of Indian Affairs, Johnson, Ralph W., Ed. Assistant Solicitor. W'llliafus," Ethel J:, 1970. Soller, Charles M., 1971. 82 pgs. 5 pgs.

ATTORNEYS 001985 "A Study of B.lA. Timber Management on the 001993 Quinault Indian Reservation, 1950-1970." PittRiver Indians ofCalffornfa v. Phelps, Louis L. Study, University of Washington Indian Legal Cal., Super. Ct., Pitt River Indians, 1973. Problems Seminar, Studies in American Indian Law, Indians bring suit against former attorneys charging Vol. II, Johnson, Ralph W., Ed. malpractice In handling of claims settlement before Beaty, Robert E., 1971. Indian Claims Conunlssion. 87 pgs. ATTORNEYS: CONTRACTS, FEDERAL BUREAU OF INDIAN AFFAIRS: SER· APPROVAL VICES, ENTITLEMENT AND ELIGIBILITY 001863 Uttell, Norman M. v. Udall, Stewart L. 001870 Ariz., D.D.C., Navajo, d. 1966. Santa Rosa Band of Indians v. Kings County. Appeal by Interior Secretary from injunction Cal., E.D. Cal., Santa Rosa Band, 1973. prohibiting him from terminating contract with Indian band alleges that county's enforcement on Navajo tribal attorney. rancheria of ordinance requiring mobile home permits interferes with B.I.A.'s provision of housing im­ 001993 provement services. PittRiver Indians ofCalHornfa v. Phelps, Louis L. Cal., Super. Ct., Pitt River Indians, 1973. 001912 Indians bring suit against former attorneys charging "Indians- Protection. of Personal Rights in General­ malpractice in handling of claims settlement before The Right of Off-Reservation Indians to Receive Indian Claims Conunlssion. General Welfare Assistance (Rufz v. Morton, 462 F.2d 818, 9th Cir. 1972)." ATTORNEYS: FEDERAL AUTHORITY Article - Case Note, North Dakota Law Review, 49:405. 001863 Myhre, Russell J., 1973. Uttell, Norman M. v. Udall, Stewart L. 6 pgs. Ariz., D.D.C., Navajo, d. 1966. Appeal by Interior Secretary from injunction 001944 prohibiting him from terminating contract with "Suggestions for Proposed New Regulations for Navajo tribal attorney. Bureau of Indian Mfairs General Assistance Program." 001992 Memo. "Tribal Claims Attorney Contracts; 'Approval of Barlow, Sarah W., 1972. Settlement' Provisions." 34 pgs. Solicitor's Opinion. Melich, Mitchell, June 2, 1972. 3 pgs. 001961 "Requirements of Procedural Due Process in the Bureau of Indian Mfairs General Assistance Program." Memo to Louis R. Bruce. Barlow, Sarah W. 1972. 55 pgs.

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001990 001988 Lamy, Lucson v. Maes, Paul. United States v. San Diego, City of. N.M., D.N.M., Zuni, 1972. cat, S.D. cal., capitan Grande Band of Mission In­ Qass action against BIA general assistance ad­ dians, 1973. ministrators by welfare applicants seeking prompt Tribe moves to intervene in suit arising from action on their applications. municipal and public use of reservation roads providing access to city-owned reservoir and camp­ 001991 ground, resulting in trespass and damage to Indian Tsosie, Helen and Nelson, Viua Jean, In reo land. Ariz., RI.A., Secretary of Interior, 1972. Action to determine whether welfare recipients are 002004 entitled to additional clothing allowance from BIA Public Service Company of New Mexico v. En­ general assistance for their children attending boar­ vironmental Protection Agency. ding school. N.M., 10th Cir., JicariI1a Apache, 1972. Utility seeks judicial review of EPA's disapproval of 001999 New Mexico State Implementation Plan for achieving Statistics He BIA General Assistance For Indians. air quality standards established for Four Comers Study. region. Ward, Martha, 1973. 200 pgs. 002005 Arizona Public Service Co., et aI. v. Environmental BUY INDIAN ACT Protection Agency. N.M., 10th Cir., Jircarilla Apache Tribe of Indians, 001946 1972. "Negotiability of Construction Contract Under the Utility seeks judicial review of EPA's disapproval of 'Buy Indian' Act of June 25, 1910." New Mexico State Implementation Plan for achieving Memorandwn to Commissioner of Indian Affairs, air quality standards established for Four Comers Office of the Solicitor. region. Melich, Mitchell, 1971. 8 pgs. 002006 Arizona Public Service Company, et a!. v. En­ CAPACITY TO SUE vironmental Protection Agency. Ariz., 9th Cir., Navajo, 1972. Utilities petition for judicial review of EPA ad­ 001993 ministrator's disapproval of the Arizona Im­ PittRiver Indians ofCalifornia v. Phelps, Louis L. plementation Plan relating to air quality in the Four cat, Super. Ct., Pitt River Indians, 1973. Comers region. . Indians bring suit against former attorneys charging malpractice in handling of claims settlement before 002021 Indian Claims Commission. United States and Bay Mills Indian Community v. Michigan. CAPACITY TO SUE, INTERVENTION Mich., W.O. Mich., Chippewa, 1973. Government and tribe sue to enjoin state interference 001854 with theright of treaty Indians to fish in Lake Superior San Pasqual Band of Mission Indians of California v. free of state regulation. United States. cat, Ind. Cl. Comm., San Pasqual Band, 1973. CAPACITY TO SUE: TRIBES Tribe moves to file an amended petition or a petition in intervention in a claim before Indian Claims Com­ 001953 mission. Nez Perce 'Iiibe v. United States. Idaho, Ind. Cl. Comm., Nez Perce, 1963. . 001859 Tribe claims it received unconscionable consideration Blackfeet and Gros Ventre Tribes v. United States. for cession of aboriginal lands under 1855 Treaty. Mont., Ct. Cl., Blackfeet, Gras Ventre, Assiniboine, Sioux Tribe of Fort Peck Reservation, Mont., 1958. Tribe seeks to intervene in claim for lands ceded to government.

16 CIVIL JURISDICTION: CIVIL ACTIONS CIVIL JURISDICTION: INDIAN ARISING IN INDIAN COUNTRY COUNTRY

002022 001870 Yellowstone Loan Co. v. Brown, Francis B. Santa Rosa Band of Indians V. Kings County. Wyo., Dist. Ct., Arapahoe, 1973. CaL, E.D. CaL, Santa Rosa Band, 1973. Indian debtor challenges jurisdiction of state court to Indian band alleges that county's enforcement on hear action on promissory note because loan and rancheria of ordinance requiring mobile home permits service of process were made on reservation. interferes with B.LA.'s provision of housing im­ provement services. CIVIL JURISDICTION: CONSENT TO APPLICATION OF STATE LAWS CIVIL JURISIDCnON: LOCAL LAWS AND ORDINANCES 001957 "Indians - Civil Jurisdiction in New Mexico - State, 001870 Federal and Tribal Courts." Santa Rosa Band of Indians V. Kings County. Article, New Mexico Law Review, 1:196. CaL, E.D. CaL, Santa Rosa Band, 1973. Ransom, Richard E. and Gilstrap, William G., Indian band alleges that county's enforcement on January, 1971. rancheriaof ordinance requiring mobile home permits 10 pgs. interferes with B.I.A.'s provision of housing im­ provement services. 002008 Chiefs of St. Regis Mohawk Reservation for Removal CIVIL RIGHTS of Intruders Upon Tribal Lands, Inre Complaint of. N.Y., Franklin County Ct., Mohawk, 1973. 001920 Tribal chiefs invoke state Indian laws to support their "The Eighteen-Year-Gld Vote Amendment As Applied removal of non-enrolled Indian from reservation. to Indian Tribes." Memorandum to Commissioner of Indian Affairs, CIVIL JURISDICTION: CONSENT TO Solicitor. APPLICATION OF STATE LAWS; Melich, Mitchell, 1971. PUBLIC LAW 280 6 pgs.

001865 001986 Comenout Children, In reo "Blacks and America's Tribal Indians: A Comparison Wash., Super. Ct., Quinault, 1973. of Civil Rights." Action to prevent state court from taking away Indian Study, University of Washington Indian Legal couple's parental rights by showing that state Problems Seminar, Studies in American Indian Law, jurisdiction had been retroceded to the federal Vol. II, Johnson, Ralph W., Ed. government. Bishop, William L., 1971. 48 pgs. CIVIL JUR!SDICTION: HEALTH LAWS CIVIL RIGHTS: EQUAL PROTECTION AND REGULATIONS

001888 001907 "Enforcement of Florida Deer Removal and "Indian Control for Quality Indian Education." Quarantine Law on Seminole Indian Reservation." Article, North Dakota Law Review, 49:237. Opinion, Office of the Solicitor. Gross, Michael Paul, 1973. Kirgis, Frederic L., 1940. 29 pgs. 7 pgs. 001925 White Eagle, Melvin V. One Feather, Philomene. N.D., 8th Cir., Standing Rock Sioux, d. 1973. Tribal members claim unequal apportionment of electivedistrictsdenies them equal protection in tribal election.

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'. 001943 CLAIMS AGAINST UNITED STATES McCovey, Mary Ann v. Humboldt, County of. CaL, N.D. CaL, Hoopa, 1973. 001982 Indian employee discharged during change of hospital "Indian Rights Secured by Treaties: A Survey of management claims that racial and sexual Remedies." discrimination were the only bases for her not being Study, University of Washington Indian Legal reinstated by new administration. Problems Seminar, Studies in AmeriCan Indian Law, Vol. II, Johnson, Ralph W., Ed. 001978 Wagner, Ruth Ellen, 1971. "Freedom of Religion for the American Indian in the 124 pgs. TweJJtieth Century." Study, University of Washington Indian Legal COMPENSATION FOR TAKING BY , " Problems Seminar, Studies in American Indian Law, Johnson, Ralph W., Ed. UNITED STATES Pressly, Thomas J., 1970. 40 pgs. 001885 "Umatilla - Hunting and Fishing." 002007 Memo to the Commissioner of Indian Affairs, Office of United States v. Pollman, Harlan Frank. the Solicitor. Mont., D. Mont., Confederated Salish and Kootenai, Kirgis, FredericL., 1937. 1972. 7 pgs. Non-Indian is accused of trespassing with intent to fish on lake within boundaries of Flathead reservation in 001887 violation of federal and tribal law. "Bonneville Dam Area - Fishing Rights." Memo to Acting Solicitor from Assistant Solicitor. Westwood, C.T., 1938. CIVIL RIGHTS: PRISONERS' RIGHTS 2 pgs.

001934 001964 Southern ute Tribe or Band of Indians v. The United Cunningham, Larry W. v. Wolff, Charles L. States of America. Neb., D. Neb., 1973. Colo., Ind. Cl. Comm., Southern Ute, 1964. Indian penitentiary inmates claim violations of their Tribe claims compensation for lands taken by U.S. first and fourteenth amendment rights by prison of­ without payment and seeks accounting from govern­ ficials. ment for proceeds of land sales.

002003 001935 Calf Looking, Albert v. Richardson, Elliot. The Uintah and White River Bands of Ute Indians v. Wash., D.C., D.D.C., 1973. The United States of America. Indian prisoners and their spiritual and cultural ad­ Utah, Ct. CL, Uintah and White River Bands of Ute visor seek damages and relief from denial of visitation Indians, 1957. rights by prison officials. Tribe claims compensation for loss of lands which it held by recognized tiUe. CIVIL RIGHTS: TRIBAL ACTION 001936 002002 TheUintah Ute Indians of Utah v. The United States of Oglala Sioux Civil Rights Organization v. Wilson, Dick. America. S.D., D.S.D., Oglala Sioux, 1973. Utah, Ind. Cl. Comm., Uintah Ute Indians, 1952. Politically active members of Oglala Sioux Tribe seek Tribe seeks recovery for lands in Uintah Valley relief from harrassment and deprivation of civil rights Reservation taken by government in 1881 and by tribal officials. established as reservation for White River Utes.

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'. I .' I 1 I 001951 CONSTITUTION, UNITED STATES: AS A Confederated Salish and Kootenai Tribes of the SOURCE OF FEDERAL AUTHORITY F1athead Reservation, Montana v. United States. OVER INDIAN AFFAIRS; COMMERCE Mont., Ct. Cl., Confederated Salish and Kootenai Tribes, 1963, d. 1971. CLAUSE Tribal confederation contends that survey error resulted in loss of reservation lands and that federal 001945 govermnent wrongfully profited from lease of power Rainbow's End TraDer Sales, In reo sites on tribal lands. Cal., Board of Equalization, Yurok, 1973. Indians claim exemption from statesales tax on trailer CONFLICT OF INTEREST sale completed on reservation. 002000 001863 Walker River Paiute Tribe V. Sheehan, John J. UUeU, Norman M. v. Udall, Stewart L. Nev., D. Nev., Walker River Paiute, 1973. Ariz., D.D.C., Navajo, d. 1966. Tribe and its licensed trader seek to enjoin state Appeal by Interior Secretary from injunction taxation of interstate shipments of cigarettes to the prohibiting him from terminating contract with reservation. Navajo tribal attorney.

001874 CONSTITUTION, UNITED STATES: "American Indian Reservation Economic Develop­ CLAIMS AGAINST UNITED STATES ment Retarded or Thwarted Through Abridgement or BASED UPON ! ..i. • Loss of Indian Titles to Land and Rights to the Use of Water by Policies, Agencies and Personnel of Federal 001885 Govermnent." "Umatilla - Hunting and Fishing." Memorandum and Implementation. Memo to the Commissioner of Indian Affairs, Office of Veeder, William H., 1969. the Solicitor. 157 pgs. Kirgis, Frederic L., 1937. 7 pgs. 001911 "Repaying Historical Debts: The Indian Claims CONSTITUTION, UNITED STATES: Commission." Article, North Dakota Law Review,49:359. LIMITED FEDERAL AUTHORITY OVER Danforth, Sandra C., 1973. INDIAN AFFAIRS; DUE PROCESS 45 pgs. CLAUSE

001992 001951 "Tribal Claims Attorney Contracts; 'Approval of Confederated Salish and Kootenai Tribes of the Settlement' Provisions." F1athead Reservation, Montana V. United States. Solicitor's Opinion. Mont., Ct. Cl., Confederated Salish and Kootenai Melich, Mitchell, June 2, 1972. Tribes, 1963, d. 1971. 3 pgs. Tribal confederation contends that survey error resulted in loss of reservation lands and that federal CONSTITUTION, UNITED STATES: govermnent wrongfully profited.from lease of power AS A SOURCE OF FEDERAL sites on tribal lands. AUTHORITY OVER INDIAN AFFAIRS COURT OF CLAIMS: SPECIAL JURISDICTION ACTS , c 001920 "The Eighteen-Year-0ld Vote Amendment As Applied 001934 to Indian Tribes." Southern Ute Tribe or Band of Indians V. The United Memorandum to Commissioner of Indian Affairs, States of America. Solicitor. Colo., Ind. Cl. Corom., Southern Ute, 1964. Melich, Mitchell, 1971. Tribe claims compensation for lands taken by U.S. 6 pgs. without payment and seeks accounting from govern­ ment for proceeds of land sales.

19 001935 CRIMINAL JURISDICTION: CONSENT The Uintah and White River Bands of Ute Indians v. TO APPLICATION OF STATE LAWS; The United States of America. Utah, Ct. Cl., Uintah and White River Bands of Ute PUBLIC LAW 280 Indians, 1957. Tribe claims compensation for loss of lands which it 001904 held by recognized title. "StateJurisdiction Over Criminal Trespass Actions on Klamath Indian Reservation." CREDIT AND LOANS: TO INDIVIDUALS Opinion, Office of the Solicitor. Armstrong, J. Reuel, 1956. 5 pgs. 001949 Federal Indian Polley. 002007 Hearings before theSubcommittee on Indian Mfairs of United States v. Pollman, Harlan Frank. the Committee on Interior and Insular Affairs, U.S. Mont., D. Mont., Confederated Salish and Kootenai, Senate, 85th CongreSs, March 'n, May 13 and 16, June 1972. 17, July 1 and 22, 1957. Non-Indian is accused of trespassing with intent to fish 302 pgs. on lake within boundaries of Flathead reservation in violation of federal and tribal law. CREDIT AND LOANS: TO TRIBES CRIMINAL JURISDICTION: INDIAN 001899 "Fish Trap Loans and Use of Statistics Relating to COUNTRY Alaska Sahnon Fishery." Memo to Assistant Secretary of the Interior, Office of 001888 the Solicitor. "Enforcement of Florida Deer Removal and White, Mastin G., 1947. Quarantine Law on Seminole Indian Reservation." 4 pgs. Opinion, Office of the Solicitor. Kirgis, Frederic L., 1940. 001949 7 pgs. Federal Indian Polley. Hearings before theSubcommittee on Indian Mfairs of 001889 the Committee on Interior and Insular Affairs, U.S. "State Jursdiction Over Hunting and Fishing on Lands Senate, 85th Congress, March 'n, May 13 and 16, June Purchased for Indians by Federal Government." 17, July 1 and 22, 1957. Opinion, Office of the Solicitor. 302 pgs. Margold, Nathan R., 1941. 9 pgs. CRIMINAL JURISDICTION 001896 "State Jurisdiction Re Game Laws on Allotted Lands 001968 Within the Sisseton Reservation." The Southwest Indian Report. Opinion, Office of the Solicitor. Report, U.S. Commission on Civil Rights, May, 1973. Gardner, Warner W., 1943. 177 pgs. 7 pgs. CRIMINAL JURSIDICTION: CONSENT 001930 TO APPLICATION OF STATE LAWS; United States ex reI. Douglas Blacksmith v. Erickson, ACTS OF CONGRESS Don R. S.D., D.S.D., Sisseton-Wahpeton Sioux, d. 1973. Action to determine ifcrime committed on land owned 001896 by non-Indian on reservation was in Indian Country "State Jurisdiction He Game Laws on Allotted Lands and thus subject to federal Jurisdiction. Within the Sisseton Reservation." Opinion, Office of the Sollcitor. 001958 Gardner, Warner W., 1943. "Criminal Procedure on the American Frontier: A 7 pgs. Study of the Statutes and Court Records of Michigan Territory 1805-1825." Article, Michigan Law Review, 57:195. Blume, Wtlliam Wirt, 1958. 62 pgs. 20 ·.

001996 001916 "Federal Indian Criminal Law." "The Search For an American Indian Identity ­ Staff memo, Native American Rights Fund. Modern Pan-Indian Movements." Vollmann, Tim, August, 1972. (book review) 23 pgs. North Dakota Law Review, 49:423. Raymond, Arthur, 1973. 002019 9 pgs. United States v. Lego, Raymond. CaL, 9th Cir., Pitt River, 1973. 001953 Indian accused of cutting timber in violation of federal Nez Perce Tribe v. United States. law argues innocence because law exempts Indian Idaho, Ind. Cl. Comm., Nez Perce, 1963. lands and logging occurred on aboriginal" land never Tribe claims it received unconscionable consideration ceded to government. for cession of aboriginal lands under 1855 Treaty. 001960 CRIMINAL JURISDICTION: TEN Lewis Cass and the Indian Treaties: A Monograph on MAJOR CRIMES ACT (18 U.S.C. § 1153) the Indian Relations of the Northwest Territory From 1813 to 1831. 001996 Monograph. "Federal Indian Criminal Law." Comfort, Benjamin F., 1923. Staff memo, Native American Rights Fund. 54 pgs. Vollmann, Tim, August, 1972. 23 pgs. 001964 Cunningham, Larry W. v. Wolff, Charles L. l~.kJ{ C~ CUSTOMS, TRADITIONS AND CULTURE Neb., D. Neb., 1973. Indian penitentiary inmates claim violations of their first and fourteenth amendment rights by prison of­ 001869 ficials. Indian Americans: Unity and Diversity. Book, Prentice-Hall, Inc., Ethnic Groups in American 001970 Life Series. Aboriginal Society in Southern CaIHornia. Wax, Murray L., 1971. Reprinted from the University of California 245 pgs., On Shelf. Publications in American Archaeology and Ethnology, Vol. 26, 1929. 001871 Strong, William Duncan, 1972. "Indians in Minneapolis." 358 pgs. Study. The League of Women Voters of Minneapolis, 1968. 002003 115 pgs. Calf Looking, Albert v. Richardson, Elliot. Wash., D.C., D.D.C., 1973. 001914 Indian prisoners and their spiritual and cultural ad­ "The Iroquois in the American Revolution." visor seek damages and relief from denial of visitation (book review) rights by prison officials. North Dakota Law Review; 49:417. Price, Linda, 1973. 3 pgs. CUSTOMS, TRADITIONS AND CULTURE: 001915 RELIGION "The Ponca Chiefs: An Account of the Trial of Stan­ ding Bear." 001978 (book review) "Freedom of Religion for the American Indian in the " North Dakota Law Review, 49:419. Twentieth Century." Schoppert, Thomas K., 1973. Study, University of Washington Indian Legal 4 pgs. Problems Seminar, Studies in American Indian Law, Johnson, Ralph W., Ed. Pressly, Thomas J., 1970. 40 pgs.

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DOMESTIC RELATIONS: CUSTODY New Mexico State Implementation Plan for achieving air quality standards established for Four Corners 001865 region. Comenout Chlldren, In reo 002005 Wash., Super. Ct., Quinault, 1973. Arizona Public Service Co., et al. v. Environmental Action to prevent state court from taking away Indian Protection Agency. couple's parental rights by showing that state jur­ N.M., loth Cir.,JicarillaApache Tribe of Indians, 1972. sidiction had been retroceded to the federal govern­ Utility seeks judicial review of EPA's disapproval of ment. New Mexico State Implementation Plan for achieving air quality standards established for Four Corners DOMESTIC RELATIONS: SUPPORT AND region. ALIMONY 002006 001987 Arizona Public Service Company, et al. v. En­ Story, Edith May V. White Owl, Ronald Gene. vironmental Protection Agency. N.D.,Oist. Ct., Three Affiliated 'liibes of Fort Berthold Utilities petition for judicial review of EPA ad­ Res., 1973. ministrator's disapproval of the Arizona Im­ Order dismissing case for lack of jurisdiction because plementation Plan relating to air quality in the Four alleged non~upport by Indian took place in another Corners region. state and jurisdiction over Indian was the tribal court, not state ~urt. DUE PROCESS: ADMINISTRATIVE PROCEEDINGS; RULE MAKING DUE PROCESS: ADMINISTRATIVE PROCEEDINGS 002005 Arizona Public Service Co., et at v. Environmental 001921 Protection Agency. "Interim Procedure for Student Expulsions." N.M., loth Cir., Jicarilla Apache Tribe of Indians, 1972. Memorandum, Commissioner of Indian Affairs. Utility seeks judicial review of EPA's disapproval of Bruce, Louis R., 1972. New Mexico State Implementation Plan for achieving 3 pgs. air quality standards established for Four Corners region. 001961 "Requirements of Procedural Due Process in the 002006 Bureau of Indian Affairs General Assistance Arizona Public Service Company, et at v. En­ Program." vironmental Protection Agency. Memo to Louis R. Bruce. Ariz., 9th Cir., Navajo, 1972. Barlow, Sarah W., 1972. Utilities petition for judicial review of EPA ad­ 55 pgs. ministrator's disapproval of the Arizona Im­ plementation Plan relating to air quality in the Four 001963 Corners region. Azbill, Debra V. Keller, Arthur H. Cal., N.D. Cal., 1973. EDUCATION Student expelled from public school without prior hearing or approval of Board of Trustees and without 001940 provision for continuing education claims denial of due "Impoundment of Appropriated Funds by the process. President." . Joint hearings before the Ad Hoc Subcommittee on DUE PROCESS: ADMINISTRATIVE Impoundment of Funds of the Committee on Govern­ PROCEEDINGS; JUDICIAL REVIEW ment Operations and the Subcommittee on Separation '. of Powers of the Committee on the Judiciary, United 002004 States Senate, 93rd Congress, Washington, D.C., Public Service Company of New Mexico V. En· January30and31, andFebruary 1,6, and 7,1973. vironmental Protection Agency. 1129 pgs. N.M., loth Cir., Jicarilla Apache, 1972. Utility seeks judicial review of EPA's disapproval of

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001968 001994 The Southwest Indian Report. Redman, John Charles v. Ottfna, John R. Report, U.S. Conunission on Uvil Rights, May, 1973. Wash., D.C., D.D.C., 1973. 177 pgs. Beneficiaries of 1972 Indian Education Act seek to compel defendant to issue guidelines, promulgate 001979 regulations and otherwise begin implementing act. "The Indian and Equality of Educational 0p­ portunity." EDUCATION: IMPACT AID Study, University of Washington Indian Legal (20 U.S.C. § 236) Problems Seminar, Studies In American Indian Law, Johnson, Ralph W., Ed. Lewis, Michael L., 1?70. 001929 47 pgs. "Indian Education Legislation of 1972 Pending Before the Ninety-Second Congress." Study. 002011 Robinson, David B., 1972. Indian ParticipationIn the Government and Education 23 pgs. of Indian People. a) U.S. Senate Bill S.1017, 93rd Congress, 1st Session (1973), 27 pgs. EDUCATION: TITLE I (20 U.S.C. § 241a et seq.) EDUCATION: BUREAU OF INDIAN AFFAIRS 001972 . Federal Funding of Indian Education: A Bureaucratic i Enigma. uk (~ 001921 Report, Legal Action Support Project, Report No.5. "Interim Procedure for Student Expulsions." &rUth, Susan and Walker, Margaret, May, 1973. Memorandwn, Commissioner of Indian Affairs. 142 pgs. Bruce, Louis R., 1972. 3 pga. EMINENT DOMAIN 001972 Federal Funding of Indian Education: A Bureaucratic 001885 Enigma. "Umatilla - HlDlting and Fishing." Report, Legal Action Support Project, Report No.5. Memo to the Commissioner of Indian Affairs, Office of Smith, Susan and Walker, Margaret, May, 1973. the Solicitor. 142 pgs. Kirgis, Frederic L., 1937. 7 pgs. EDUCATION: DISCRIMINATION 001887 001871 "Bonneville Dam Area - Fishing Rights." "Indians in Minneapolis." Memo to Acting Solicitor from Assistant Solicitor. Study. Westwood, C.T., 1938. The League of Women Voters of Minneapolis, 1968. 2 pgs. 115 pgs. EMPLOYMENT 001907 "Indian Control for Quality Indian Education." 001968 Article, North Dakota Law Review; 49:237. The Southwest Indian Report. Gross, Michael Paul, 1973. Report, U.S. Commission on Civil Rights, May, 1973. .. 29 pgs. 177 pgs. EDUCATION: FEDERAL AUTHORITY EMPLOYMENT: DISCRIMINATION BY EMPLOYERS 001929 ~'4~f "Indian Education Legislation of 1972 Pending Before 001943 the Ninety-Second Congress." McCovey, Mary Ann v. Humboldt, County of, Study. Cal., N.D. Cal., Hoopa, 1973. Robinson, David B., 1972. Indian employee discharged during change of hospital 23 pgs. 23 ·.

management claims that racial and sexual FEDERAL AUTHORITY OVER INDIAN, discrimination were the only bases for her not being AFFAIRS reinstated by new administration. ENVIRONMENTAL REGULATION: 001947 "Justice and the American Indians." FEDERAL LAWS Article, Contact, 3:33. Echohawk, John E., 1973. 001894 6 pgs. "Fishing Rights of Alaskan Indians." Opinion, Office of the Solicitor. 001998 Margold, Nathan R., 1942. Program of Legal Studies for Native People: Cases 31 pgs. and Materials on Native Law (Canada). Textbook. ENVIRONMENTAL REGULATION: Sanders, Douglas, 1973. NATIONAL ENVIRONMENTAL POLICY 404 pgs. ACT FEDERAL AUTHORITY OVER INDIAN 002004 AFFAIRS: CONTRACTS Public Service Company of New Mexico v. En­ vironmental Protection Agency. 001856 N.M., 10th Or., Jicarilla Apache, 1972. Red Elk, Elgin (Atetwuthtakewa), In re Estate of. Utility seeks judicial review of EPA's disapproval of Okla., Dept. of the Interior, Comanche, 1964. New Mexico state Implementation Plan for achieving A contract among heirs not to contest decedent's will air quality standards established for Four Corners which disposed of her restricted property is asserted1y region. null and void for lack of Interior Secretary's approval.

002005 001965 Arizona Public Service Co., et a!. v. Environmental "Scope of the Snyder Act of November 2, 1921, 42 Stat. Protection Agency. 208, 25 U.S.C. 13." N.M., 10th Cir., Jicarilla Apache Tribe of Indians, 1972. Memorandum to Commissioner of Indian Affairs, Utility seeks judicial review of EPA's disapproval of Assistant Solicitor. New Mexico state Implementation Plan for achieving Soller, Charles M., 1971. air quality standards established for Four Corners 5 pgs. region. FEDERAL AUTHORITY OVER INDIAN 002006 AFFAIRS: FUNDS; TRmAL Arizona Public Service Company, et at v. En­ vironmental Protection Agency. Ariz., 9th ar., Navajo, 1972. 001852 Utilities petition tor judicial review of EPA ad­ An Analysis of the Course of Actions and Dealing ministrator's disapproval of the Arizona Im­ Between the United States and the Yankton Sioux plementatioo Plan relating to air quality in the Four TribeFollowing the Treatyof April 19, 1859, to 1888. Corners region. Study re yankton Sioux Tribe v. United States, Ind. Cl. Comm. ENVIRONMENTAL REGULATION: Foley, Dr. Michael F. and Champe, Dr. John L., June, 1972. TRIBAL POWERS 206 pgs.

001886 001956 "Hunting and Fishing - Tribal Power - Bad River." "Dispositioo of Funds From sale of Land by Tulalip Memo to the Conunissioner of Indian Affairs, Office of Tribes." the Solicitor. Memorandum to Commissioner of Indian Affairs, Kirgis, Frederic L., 1938. Associate Solicitor, Division of Indian Affairs. 2 pgs. Goss, Earle D., 1972. 9 pgs.

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.' FEDERAL AUTHORITY OVER INDIAN FEDERAL BENEFITS, ENTITLEMENT AFFAIRS: WELFARE TO: WELFARE

001990 001912 Lamy, Lucson v. Maes, Paul. "Indians_. Protection of Personal Rights in General­ N.M., D.N.M., Zuni, 1972. The Right of Off-Reservation Indians to Receive Class actioo against BIA general assistance ad­ General Welfare Assistance (RuJz v. Morton, 462 F.2d ministrators by welfare applicants seeking prompt 818, 9th Cir. 1972)." action on their applications. Article - Case Note, North Dakota Law Review, 49:405. FEDERAL BENEFITS, ENTITLEMENT Myhre, Russell J., 1973. TO 6 pgs. 001944 001909 "SUggestions for Proposed New Regulations for "Getting Back The Land: How Native Americans Can Bureau of Indian Affairs General Assistance Acquire Excess and Surplus Federal Property." Program." Article, North Dakota Law Review, 49:333. Memo. Hodge, Ronald A., 1973. Barlow, Sarah W., 1972. 9 pgs. 34 pgs. 001949 , 001961 Federal Indian Policy "Requirements of Procedural Due Process in the (~ Hearings before theSubcommittee on Indian Affairs of Bureau of Indian Affairs General Assistance the Committee on Interior and Insular Affairs, U.S. Program." March Senate, 85th Congress, 27, May 13 aOO16, June Memo to Louis R. Bruce. 17, July 1 and 22, 1957. Barlow, Sarah W., 1972. 302 pgs. 55 pgs.

001971 001999 The Menominee Restoration Act: Legal Analysis. Statistics Re BIA General Assistance For Indians. Study, Native American Rights Fund Study. Wilkinson, Charles F., Knight, Yvonne T. and Ward, Martha, 1973. Preloznik, Joseph F., 1973. 200 pgs. 101 pgs.

001972 GRAZING Federal Funding of Indian Education: A Bureaucratic Enigma. 001935 Report, Legal Action Support Project, Report No.5. The Uintah and White River Bands of Ute Indians v. Smith, Susan and Walker, Margaret, May, 1973. The United States of America. 142 pgs. Utah, Ct. Cl., Uintah and White River Bands of Ute Indians, 1957. FEDERAL BENEFITS, ENTITLEMENT Tribe claims compensation for loss of lands which it t held by recognized title. , TO: SOCIAL SECURITY GRAZING: TAYLOR GRAZING ACT 002020 Eagle Elk, Edward, In re the Appeal of. S.D., Dept. of Inter., Sioux, 1972. 001696 Interior Secretary rules that social security survivor's Kale, Kenneth M. v. United States of America. benefits held in child's BIA trust account should be Calif., 9th Cir., d. 1973. turned over to duly appointed guardian. Indian claims his application for an allotment in public land was wrongfully denied with the result that the land was patented instead to a developer.

25 HEALTH AND SAFETY 001998 Program of Legal Studies for Native People: Cases and Materials on Native Law (Canada). 001968 Textbook. . The Southwest Indian Report. Report, U.S. Commission on Civil Rights, May, 1973. Sanders, Douglas, 1973. 177 pgs. 404 pgs. HOUSING HUNTING, FISHING, TRAPPING AND GATHERING RIGHTS: ABORIGINAL 001870 Santa Rosa Band of Indians v. Kings Co1Dlty. 001887 cal., E.D. cal., Santa Rosa Band, 1973. "Bonneville Dam Area - Fishing Rights." Indian band alleges that county's enforcement on Memo to Acting Solicitor from Assistant Solicitor. rancheriaofordinance requiring mobile home permits Westwood, C.T., 1938. interferes with B.I.A.'s provision of housing im­ 2 pgs. provement services. 001892 001871 "Alaskan Indian Fishing Rights." "Indians in Minneapolis." Memo to Conunissioner of Indian Affairs, Office of the Study. Solicitor. The League of Women Voters of Minneapolis, 1968. Cohen, Felix S., 1942. 115 pgs. 2 pgs. HOUSING: FINANCIAL ASSISTANCE 001894 "Fishing Rights of Alaskan Indians." Opinion, Office of the Solicitor. 001945 Margold, Nathan R., 1942. Rainbow's End Trailer Sales, In reo 31 pgs. Cal., Board of Equalization, Yurok, 1973. Indians claim exemption from statesales tax on trailer 001923 sale completed on reservation. "Claim of Kootenai Tribe of Idaho to Federally Recognized Fishing and Hunting Rights." HOUSING: PUBLIC HOUSING Memorandum to BIA, Regional Solicitor, Portland. Dysart, George D., 1973. 001872 5 pgs. "Indian Housing Authority Organization and Sites in Indian Areas." 001983 Information and instructions, U.S. Dept. of Housing "Muckleshoot Fishing Rights Question." and Urban Development, 1972. Study, University of Washington Indian Legal 48 pgs. Problems Seminar, Studies in American Indian Law Vol. II, Johnson, Ralph W., Ed. . , HUNTING, FISHING, TRAPPING AND La Clair, Leo, 1971. GATHERING RIGHTS 56 pgs. 001890 001989 "Departmental Review of Tribal Ordinance." Confederated Tribes of the Colville Reservation V. Memo to the Conunissioner of Indian Affairs, Office of United States. the Solicitor. Wash., Ind. Cl. Corom., Confederated Tribes of the Cohen, Felix S., 1941. Colville Reservation, 1972. 2 pgs. Tribes bring suit under fair and honorable dealings clause claiming U.S. caused and permitted destruction 001898 of fisheries in which plaintiffs had special rights and "Jurisdiction of Flathead Tribal Council to Regulate prior to extinguishment of tille, aided third persons in Areas." Hunting in Reservoir removal of resources from reservation and granted Opinion, Office of the Solicitor. railroad rights of way without fair compensation. White, Mastin G., 1947. 5 pgs.

26 If.,...•..•..' '~' 1#;" .

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~. ,.

001997 001891 Washlilgton v. Quigley, Frank. "Right to Fish in Usual and Accustomed Places as Wash., Super. Ct., Sup. Ct., Chinook 'liibe, 1956, d. 1958. Provided by Early Treaties - Indians Contend State Member of a tribe having no treaty with U.S. claims Law Not Applicable." aboriginal hunting rights on land located on tribe's Memo to Secretary of the Interior, Office of the former usual and accustomed hunting ground which he Solicitor. purchased from non-Indian. Margold, Nathan R., 1941. 1 pg. HUNTING, FISHING: FEDERAL CONTROL 001906 "Migratory Bird Treaty Act and Bald Eagle Act ­ Indian Htmting Righ~." 001880 Memo to. Director, Bureau of Sport Fisheries and "Migratory Bird Treaty Act - Swinomish Indian Wildlife, Office of the Solicitor. Reservation." Vaughn, Charles H., 1962. Opinion, Office of the Solicitor. 2 pgs. FahY,01arles, 1934. 3 pgs. 00IMl Satiacum, Robert v. Washington. 001894 Wash., U.S. Sup. Ct., Puyallup, 1973. "Fishing Rights of Alaskan Indians." In affirming conviction of Indian for wasting fish Opinion, Office of the Solicitor. caught under treaty rights, petitioner contends court Margold, Nathan R., 1942. unnecessarily determined that reservation no longer 31 pgs. exists.

001897 001980 "Indian Rights in Columbia River Reservoir." "Indian Hunting and Fishing Rights: Northwest Opinion, Office of the Solicitor. Developments." Gardner, Warner W., 1945. Study, University of Washington Indi&l1 Legal 33 pgs. Problems Seminar, Studies in American Indian Law, Johnson, Ralph W., Ed. 001899 Wallen, Woodrow, 1970. ''Fish Trap Loans and Use of Statistics Relating to 47 pgs. Alaska Salmon Fishery." Memo to Assistant Secretary of the Interior, Office of 001983 the Solicitor. "Muckleshoot Fishing Rights Question." White, Mastin G., 1947. Study, University of Washington Indian Legal 4 pgs. Problems Seminar, Studies in American Indian Law, Vol. II, Johnson, Ralph W., Ed. 002007 La Clair, Leo, 1971. United States v. Pollman, Harlan Frank. 56 pgs. Mont., D. Mont., Confederated Salish and Kootenai, 1972. 001997 Non-Indian is accused of trespassing with intent to fish Washington v. Quigley, Frank. on lake within botmdaries of Flathead reservation in Wash., Super. Ct.,Sup. Ct., Chinook 'liibe, 1956, d. 1958. violation of federal and tribal law. Member of a tribe having no treaty with U.S. claims aboriginal hunting rights on land located on tribe's HUNTING, FISHING, TRAPPING AND former usual andaccustomed hunting ground which he GATHERING RIGHTS: purchased from non-Indian. OFF-RESERVATION ";.,," HUNTING, FISHING, TRAPPING AND i -' 001877 GATHERING RIGHTS: RESERVATION "Blackfeet Indians - Right to Htmt, Fish and Cut j Timber - Glacier National Park." 001881 \, {~~ Opinion, Office of the Solicitor. "Red Lake Reservation - Title to Submerged Lands ­ I:; Finney, E.C., 1932. Indian Fishing Rights." 12 pgs. Opinion, Office of the Solicitor. Kirgis, Frederic L., 1936. 9 pgs. 27 .'

001883 HUNTING, FISHING, TRAPPING AND "State and Federal Jurisdiction Over Restricted In­ GATHERING RIGHTS: STATE CONTROL dian Reservation Lands." Opinion, Office of the Solicitor. 001879 Margold, Nathan R, 1936. "Fishing Rights - Yakima Tribes." 2 pgs. Opinion, Office of the Solicitor. Margold, Nathan R, 1934. 001886 6 pgs. "Htmting and Fishing - Tribal Power - Bad River." Memo to the Commissioner of Indian Affairs, Office of 001881 the Solicitor. "RedLakeReservation- Title to SubmergedLands ­ Kirgls, Frederic L., 1938. Indian Fishing Rights." 2pgs. Opinion, Office of the Solicitor. Kirgis, Frederic L., 1936. 001893 9 pgs. "Conflict Between Migratory Bird Treaty With Great Britain and Treaty With the Yakimas Re Hunting 001883 Rights on Reservation." "State and Federal Jurisdiction Over Restricted In­ Memo to Conunissioner of Indian Affairs, Office of the dian Reservation Lands." Solicitor. Opinion, Office of the Solicitor. Margold, Nathan R, 1942. Margold, Nathan R, 1936. 3 pgs. 2 pgs.

,1 : 001900 001884 "Htmting, Fishing, and Trapping Rights of the Nez "Upper Red Lake - Fishing Rights of Indians." 111.' .'! Perce Indians." Memo to Assistant Commissioner of Indian Affa. Opinion, Office of the Solicitor. Office of the Solicitor. . i Margold, Nathan R., 1936. 1 White, Mastin G., 1949. (, 6 pgs. 1 pg. i. 'i ! , 001903 001888 "Htmting and Fishing Rights of the Klamath Indian "Enforcement of Florida Deer Removal and Tribe - Authority to Hire Game Wardens." Quarantine Law on Seminole Indian Reservation." Opinion, Office of the Solicitor. Opinion, Office of the Solicitor. Armstrong, J. Reuel, 1956. Kirgis, Frederic L., 1940. 3 pgs. 7 pgs.

:i 001905 001889 "Imposition of North Dakota State Fish and Game "StateJurisdiction OverHunting andFishing on Lands Laws on Indians Claiming Treaty and Other Rights to Purchased for Indians by Federal Government." Htmt and Fish." Opinion, Office of the Solicitor. Opinion, Office of the Solicitor. Margold, Nathan R, 1941. Armstrong, J. Reuel, 1957. 9 pgs. 8 pgs. 001891 001967 "Right to Fish in Usual and Accustomed Places as "Requirement of Migratory Bird Htmting Stamp by Provided by Early Treaties - Indians Contend State Membersofthe RedLake Band of Chippewa Indians to Law Not Applicable." Htmt Ducks on the Reservation." Memo to Secretary of the Interior, Office of the Opinion, Acting Commissioner, 1951. Solicitor. Lee, H. Rex. Margold, Nathan R., 1941. 1 pg. 1 pg. 001895 "Hunting and Fishing Regulation on Diminished and Ceded Portions of the Wind River Reservation." Opinion, Office of the Solicitor. Gardner, Warner W., 1943. 17 pgs. 28 001896 001878 "State Jurisdiction Re Game Laws on Allotted Lands "Wenetchee - Fishing Rights." Within the Sisseton Reservation." Memo, Office of the Solicitor. Opinion, Office of the Solicitor. W.H.F., 1933. Gardner, Warner W., 1943. 1 pg. 7 pgs. HUNTING, FISHING, TRAPPING AND 001901 GATHERING RIGHTS: TREATIES "Residence Requirements For Taking Fur Animals in 001879 Fur Management Areas in Alaska." "Fishing Rights - Yakima Tribes." Opinion, Office of the Solicitor. Opinion, Office of the Solicitor. White, Mastin G., 1950. Margold, Nathan R., 1934. pgs. 4 6 pgs.

001924 001880 Wisconsin v. Bodin, Roger. "Migratory Bird Treaty Act - Swinomish Indian WIS., Bayfield County Ct., Lake Superior Chippewa d. Reservation." 1973. ' Opinion, Office of the Solicitor. Action to determine whether non-Indian's purchase of Fahy, Charles, 1934. game fish caught by Indian under treaty rights is 3 pgs. allowable. 001885 001980 "Umatilla - Hunting and Fishing." "Indian Hunting and Fishing Rights: Northwest Memo to the Commissioner of Indian Affairs Office of Developments." the Solicitor. ' Study, University of Washington Indian Legal Kirgis, Frederic L., 1937. Problems Seminar, Studies in American Indian Law, 7 pgs. Johnson, Ralph W., Ed. Wallen, Woodrow, 1970. 47 pgs. 001891 "Right to Fish in UusaI and Accustomed Places as 001997 Provided by Early Treaties - Indians Contend State Washington v. Quigley, Frank. Law Not Applicable." Wash., Super. Ct.,Sup. Ct., Chinook 1iibe, 1956, d. 1958. Memo to Secretary of the Interior, Office of the Member of a tribe having no treaty with U.S. claims Solicitor. aboriginal hunting rights on land located on tribe's Margold, Nathan R, 1941. fonner usualand accustomed hunting ground which he 1 pg. purchased from non-Indian.

002021 001893 "Conflict Between Migratory Bird Treaty With Great U~ted Mills v. States and Bay Indian Community Britain and Treaty With the Yakimas Re Hunting Michigan. Rights on Reservation." Mich., W.D. Mich., Chippewa, 1973. ~vernm~t Memo to Conunissioner of Indian Affairs, Office of the and tribe sue to enjoin state interference Solicitor. Wlth the nght of treaty Indians to fish in Lake Superior Margold, Nathan R, 1942. free of state regulation. 3 pgs.

HUNTING, FISHING, TRAPPING AND 001905 GATHERING RIGHTS: TERMINATION "Imposition of North Dakota State Fish and Game OF RIGHTS BY WITHDRAWAL Laws on Indians Claiming Treaty and Other Rights to Hunt and Fish." Opinion, Office of the Solicitor. 001877 Armstrong, J. Reuel, 1957. "~lackfeet Indians - Right to Hunt, Fish and Cut 8 pgs. Timber - Glacier National Park." Opinion, Office of the Solicitor. Finney, E.C., 1932. 12 pgs.

29 001924 001975 Wisconsin v. Bodin, Roger. "The Indian Bill of Rights." WiS., Bayfield County Ct., Lake Superior Chippewa, d. Study, University of Washington Indian Legal 1973. Problems Seminar, Studies in American Indian Law, Action to determine whether non-Indian's purchase of Johnson, Ralph W., Ed. game fish caught by Indian under treaty rights is Sloan, Marilyn, 1970. allowable. 61 pgs. 002021 INDIAN CIVIL RIGHTS ACT: DUE United States and Bay Mills Indian Community v. PROCESS Michigan. Mich., W.O. Mich., Chippewa, 1973. Government and tribe sue to enjoin state interference 002002 with the right of treatyIndians to fish in Lake Superior Oglala Sioux Civil Rights Organization v. Wilson, Dick. free of state regulatioo. S.D., D.S.D., Oglala Sioux, 1973. Politically active members of Oglala Sioux Tribe seek INDIAN relief from harrassment and deprivation of civil rights by tribal officials. 001915 INDIAN CIVIL RIGHTS ACT: HABEAS "The Ponca Chiefs: An Account of the Trial of Stan­ CORPUS ding Bear." (book review) North Dakota Law Review, 49:419. 001995 Schoppert, Thomas K., 1973. Enos, Lawrence v. Rhodes, William Roy. 4 pgs. Ariz., D. Ariz., Pima-Maricopa, 1973. Indian petitions for writ of habeas corpus and money INDIAN: DEFINED damages. INDIAN CIVIL RIGHTS ACT: 001974 "Who is an Indian in Federal Indian Law?" JURISDICTION IN FEDERAL COURTS Study, University of Washington Indian Legal Problems Seminar, Studies in American Indian Law, 002002 Johnson, Ralph W., Ed. Oglala Sioux Uvil Rights Organization v. Wilson Dick. Vogel, Bart, 1970. S.D., D.S.D., Oglala Sioux, 1973. 40 pgs. Politically active members of Oglala Sioux Tribe seek relief from harrassment and deprivation of civil rights INDIAN CIVIL RIGHTS ACT by tribal officials.

001925 INDIAN CLAIMS COMMISSION White Eagle, Melvin v. One Feather, Philomene. N.D., 8th Cir., Standing Rock Sioux, d. 1973. 001911 Tribal members claim unequal apportionment of "Repaying Historical Debts: The Indian Claims elective districts denies them equal protection in tribal Commission." election. Article, North Dakota Law Review, 49:359. Danforth, Sandra C., 1973. 001966 45 pgs. "Validity of Sections 1.906 and 1.1605 of the Turtle Mountain Tribal Code of 1968." INDIAN CLAIMS COMMISSION: Memorandum to Commissioner of Indian Affairs, AMENDED PLEADINGS AND MOTIONS Associate Solicitor. Goss, Earle D., 1971. 8 pgs. 001854 San Pasqual Band of Mission Indians of California v.

United States. " .. Cal., Ind. Cl. Corom., San Pasqual Band, 1973. \",--""j" Tribemoves to file an amended petition or a petition in intervention in a claim before Indian Claims Com­ mission.

30 i.';

'. 001858 001938 Blackfeet and Gros Ventre Tribes v. United States. Klamath and Modoc Tribes and Yahooskin Band of Mont., Ct. Cl., Blackfeet and Gros Ventre Tribes, 1966. Snake Indians v. The United States of America. Indian Claims Commission denies motion to dismiss Cal., Ind. Cl. Comm., Klamath and Modoc Tribes and Tribe's claim without prejudice or, alternatively, to Yahooskin Band of Snake Indians, 1964. grant an indefinite continuance so that evidence could Terminated tribe claims additional compensation for be sought to support claimfor loss of land. land erroneously excluded from reservation by government survey and ceded to government in 1906. INDIAN CLAIMS COMMISSION: CLAIMS WITHIN JURISDICTION OF 001939 Ute Indian Tribe of the Uintah and Ouray Reservation, an Indian Reorganization Act Corporation, For And On 001853 BehaH of the Uncompahgre Dand of ute Indians v. The Otoe and Missouria Tribe of Indians v. United United States of America. States. Utah, Ind. Cl. Comm., Ute Indian Tribe of the Uintah Okla., Cl Cl., Otoe and Missouria Tribe, 1954. and Ouray Reservation on behaH of the Uncompahgre Amicus argues that cession of land held by aboriginal Band of Ute Indians, 1965. title for an lDlconscionable consideration may be the Tribe proposes settlement of claim against govern­ basis for an award under Indian Claims Conunission ment for failure to provide tribe with a reservation as Act. required by 1880 agreement.

001935 001954 The Uintah and White River Bands of ute Indians v. Nez Perce Tribe v. United States. The United States of America. Idaho, Ind. Cl. Comm., Ct. Cl., Nez Perce,1970. Utah, Ct. Cl., Uintah and White River Bands of Ute Tribe seeks additional compensation for reservation Indians, 1957. lands ceded by 1893 agreement to defendant for un­ Tribe claims compensation for loss of lands which it conscionable consideration. held by recognized title. " INDIAN CLAIMS COMMISSION: INTENT :' 001938 Klamath and Modoc Tribes and Yahooskin Band of OF CONGRESS IN CREATING Snake Indians v. The United States of America. Cal., Ind. Cl. Comm., Klamath and Modoc Tribes and 001853 Yahooskin Band of Snake Indians, 1964. Otoe and Missouria Tribe of Indians v. United States. Tenninated tribe claims additional compensation for Okla., Ct. Cl., Otoe and Missouria Tribe, 1954. land erroneously excluded from reservation by Amicus argues that cession of land held by aboriginal government survey and ceded to government in 1906. title for an tmconscionable consideration may be the basis for an award tmder Indian Claims Commission INDIAN CLAIMS COMMISSION: Act. DAMAGES, RELIEF, OFFSETS AND INDIAN CLAIMS COMMISSION: INTEREST PROCEDURES 001934 Southern Ute Tribe or Band of Indians v. The United 001858 States of America. Blackfeet and Gros Ventre Tribes v. United States. Colo., Ind. Cl. Comm., Southern Ute, 1964. Mont., Ct. Cl., Blackfeet and Gros Ventre Tribes, 1966. Tribe claims compensation for lands taken by U.S. Indian Claims Commission denies motion to dismiss without payment and seeks accounting from govern­ Tribe's claim without prejudice or, alternatively, to ment for proceeds of land sales. grant an indefinite continuance so that evidence could be sought to support claim for loss of land. 001937 Klamath and Modoc Tribes v. The United States of 001937 America. Klamath and Modoc Tribes v. The United States of Cal., Ind. Cl. Comm., Klamath and Modoc, 1964. America. Commission's approval sought for proposed com­ Cal., Ind. Cl. Comm., Klamath and Modoc, 1964. promise settlement of tribe's claim that government Conunission's approval sought for proposed com­ paid unconscionable consideration for lands ceded in promise settlement of tribe's claim that government 1864 Treaty. paid unconscionable consideration for lands ceded in 1864 Treaty. 31 001939 001933 Ute IndianTribe of the Uintah and Ouray Reservation, The Confederated Bands of ute Indians v. The United anIndian Reorganization Act Corporation, For And On States of America. BehaH of theUncompahgre Band of ute Indians v. The Utah, Ind. Cl. Corom., Confederated Bands of Ute United States of America. Indians, 1961. Utah, Ind. Cl. Corom., Ute Indian Tribe of the Uintah Tribe contends that Government failed to base its and Ouray Reservation on behaH of the Uncompahgre proposed findings offact in mineral claim on the entire Band of Ute Indians, 1965. record and rejected critical data in its proposed Tribe proposes setUement of claim against govern­ valuation. ment for failure to provide tribe with a reservation as required by 1880 agreement. 001935 The Uintah and White River Bands of ute Indians v. INDIAN CLAIMS COMMISSION: The United States of America. REHEARING AND RECONSIDERATION Utah, Ct. Cl., Uintah and White River Bands of Ute Indians, 1957. Tribe claims compensation for loss of lands which it 001954 held by recognized title. Nez Perce Tribe v. United States. Idaho, Ind. Cl. Corom., Ct. Cl., Nez Perce,1970. 001938 Tribe seeks addition~ compensation for reservation Klamath and Modoc Tribes and Yahooskin Band of lands. ceded by 1893 agreement defendant for un­ to Snake Indians v. The United States of America. conscionable consideration. Cal., Ind. Cl. Corom., Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, 1964. INDIAN CLAIMS COMMISSION: Terminated tribe claims additional compensation for UNCONSCIONABLE CONSIDERATION land erroneously excluded from reservation by government survey and ceded to government in 1906. 001938 Klamath and Modoc Tribes and Yahooskin Band of 001954 Snake Indians v. The United States of America. Nez Perce Tribe v. United States. Cal., Ind. Cl. Corom., Klamath and Modoc Tribes and Idaho, Ind. Cl. Comm., Ct. Cl., Nez Perce,1970. Yahooskin Band of Snake Indians, 1964. Tribe seeks additional compensation for reservation Terminated tribe claims additional compensation for lands ceded by 1893 agreement to defedant for un­ land erroneously excluded from reservation by conscionable consideration. government survey and ceded to government in 1906. 002025 001954 Pillager Bands of Chippewa v. United States. Nez Perce Tribe v. United States. Minn., Ct. Cl., O1ippewa, 1972. Idaho, Ind. Cl. Corom., Ct. Cl., Nez Perce,1970. Treaty terms expressly state that Indians cede lands Tribe seeks additional compensation for reservation outright to government and thus date of taking for lands ceded by 1893 agreement to defendant for un­ valuation purposes is date treaty became effective. conscionable consideration. INDIAN COUNTRY INDIAN CLAIMS COMMISSION: VALUATION 001955 Waterman, Delia v. Mayor, City of Oneida. 001859 N.Y., Sup. Ct., Oneida, d. 1973. Blackfeet and Gros Ventre Tribes v. United States. Indian receiving water servicefrom city refuses to pay Mont., Ct. Cl., Blackfeet, Gros Ventre, Assiniboine, tax on reservation property as repayment for con­ Sioux Tribe of Fort Peck Reservation, Mont., 1958. struction cost. Tribe seeks to intervene in claim for lands ceded to government. INDIAN COUNTRY: DEFINED

001860 001889 Oleyenne-Arapaho Tribes, et aI. v. United States. "stateJurisdictionOver Hunting andFishing on Lands Okla., Ind. Cl. Corom., Cheyenne-Arapaho, 1959. I Purchased for Indians by Federal Government." II Tribes dispute government's valuation of lands in Opinion, Office of the Solicitor. claim before Indian Claims Commission. Margold, Nathan R., 1941. 9 pgs. 32 001930 INDIAN REORGANIZATION ACT United States ex reI. Douglas Blacksmith v. Erickson, DonR. 001920 S.D., D.S.D., Sisseton-Wahpeton Sioux, d. 1973. "The Eighteen-Year..()ld Vote Amendment As Applied Action to detennine if crime committed on land owned to Indian Tribes." by non-Indian on reservation was in Indian Country Memorandum to Commissioner of Indian Affairs, and thus subject to federal jurisdiction. Solicitor. Melich, Mitchell, 1971. INDIAN COUNTRY: JURISDICTION, 6 pgs. GENERALLY IRRIGATION 001875 To Amend Title 18, U.s. Code, Entitled "Crimes and 001868 CrimInal Procedure." "The Navajo Irrigation Project." Hearing, Committee on Interior and Insular Affairs, Memo, B.I.A. House of Representatives, 1953. Veeder, William H., 1965. 47 pgs. 12 pgs. 001876 IRRIGATION: FEDERAL AUTHORITY ''Navigable Waters - Exclusion - Quinaielt Reser­ vation." Opinion, Office of the Solicitor. 001926 Graves, O.H., 1928. "Memorandum Relative to the Titles to Rights to the 9 pgs. Use of Water and the Authority to Control and Ad­ minister Them on the Flathead Indian Reservation." 001932 Memo, BIA. •nm, Allen v. CIT fuanclal Services Corporation. Veeder, William H., 1967. N.M., Ct. App., Navajo, 1973. 39 pgs. Action to detennine if state or tribal law governs reposession of vehicle located on reservation. JURISDICTION, FEDERAL COURT: CIVIL RIGHTS 001957 "Indians - Civil Jurisdiction in New Mexico - State, Federal and Tribal Courts." 002002 Article, New Mexico Law Review, 1:196. Oglala Sioux Civil Rights Organization v. Wilson, Dick. Ransom, Richard E. and Gilstrap, William G., S.D., D.S.D., Oglala Sioux, 1973. January, 1971. Politically active members of Oglala Sioux Tribe seek 10 pgs. relief from harrassment and deprivation of civil rights by tribal officials. 001958 "Criminal Procedure on the American Frontier: A LANDS Study of the Statutes and Court Records of Michigan Territory 1805-1825." 001909 Article, Michigan Law Review, 57:195. "Getting Back The Land: How Native Americans Can Blume, William Wirt, 1958. Acquire Excess and Surplus Federal Property." 62 pgs. Article, North Dakota Law Review, 49:333. Hodge, Ronald A., 1973. 001977 9 pgs. "Jurisdiction Over Indians and Indian Lands In Washington." 001969 Study, University of Washington Indian Legal Survey of Conditions of the Indians In the United Problems Seminar, Studies In American Indian Law, States. Jolmson, Ralph W., Ed. Hearings before a Subcommittee of the Committee on Newman, Nicholas C., 1970. Indian Affairs, United States Senate, Part I, November 50 pgs. 12, 13 and 16, 1938. 408 pgs.

33 LANDS: VALUATION MINERAL RIGHTS: VALUATION

001938 001933 _ Klamath and Modoc Tribes and Yahooskin Band of The Confederated BWids of Ute Indians v. The United Snake Indians v. The United States of America. States of America. cal., Ind. Cl. Corom., Klamath and Modoc Tribes and Utah, Ind. Cl. Corom., Confederated Bands of Ute Yahooskin Band of Snake Indians, 1964. Indians, 1961. Terminated tribe claims additional compensation for Tribe contends that Govenunent failed to base its land erroneously excluded from reservation by proposed findings offact in mineral claim on the entire govenunent survey and ceded to govenunent in 1906. record and rejected critical data in its proposed valuation. 001948 Klamath Indian Tribe - Termination of Federal PROBATE Supervision. Hearings before the Committee on Interior and Insular Affairs and its Subcommittee on Indian Affairs, U.S. 001902 Senate, 84th Congress, May 21 and October 18, 1956. "Klamath Terminal Legislation." 186 pgs. Opinion, Office of the Solicitor. Annstrong, J. Reuel, 1955. 001951 24 pgs. Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana v. United States. PROBATE: STATE INHERITANCE Mont., Ct. Cl., Confederated Salish and Kootenai LAWS Tribes, 1963, d. 1971. Tribal confederation contends that survey error 001919 resulted in loss of reservation lands and that federal "Probate Tax on Property of Indian Living on govenunent wrongfully profited from lease of power Reservation... sites on tribal lands. Opinion, Attorney General of Virginia. January 30, 1970. LEASING 2 pgs.

001969 PUBLIC DOMAIN Survey of Conditions of the Indians in the United States. 001877 Hearings before a Subcommittee of the Committee on "Blackfeet Indians - Right to Hunt, Fish and Cut Indian Affairs, United States Senate, Part 1, November Timber - Glacier National Park." 12, 13 and 16, 1938. Opinion, Office of the Solicitor. 408 pgs. Finney, E.C., 1932. 12 pgs. MINERAL RIGHTS: CLAIMS AGAINST UNITED STATES 001878 "Wenetchee - Fishing Rights." Memo, Office of the Solicitor. 001989 W.H.F., 1933. Confederated Tribes of the Colville Reservation v. 1 pg. United States. Wash., Ind. Cl. Corom., Confederated Tribes of the Colville Reservation, 1972. PUBLIC DOMAIN: SURPLUS LANDS Tribes bring suit under fair and honorable dealings clause claiming U.S. caused and permitted destruction 001866 of fisheries in which plaintiffs had special rights and "Restoration of Lands Formerly Indian to Tribal prior to extinguishment of title, aided third persons in Ownership." removal of resources from reservation and granted Instructions, B.I.A., 54 Interior Decisions 559. railroad rights of way without fair compensation. Collier, John, 1934. 4 pgs.

34 001898 RESERVATIONS: BOUNDARIES "Jurisdiction of Flathead Tribal Council to Regulate Hunting in Reservoir Areas." 001913 Opinion, Office of the ·Solicitor. "Indians - Reservations - Effect of Later White, Mastin G., 1947. Congressional Acts on Act Establishing Reservation 5 pgs. Boundaries (New Town v. United States, 454 F.2d 121, 8th Cir. 1972)." 001909 Article - Case Nore, North Dakota Law Review, "Getting Back The Land: How Native Americans Can 49:410. Acquire Excess and Surplus Federal Property." Boulger, Jolm V., 1973. Article, North Dakota Law Review, 49:333. 7 pgs. Hodge, Ronald A., 1973. 9 pgs. 001951 Confederated Salish and Kootenai Tribes of the PUBLIC LAW 280 Flathead Reservation, Montana v. United States. Mont., ct. Cl., Confederated Salish and Kootenai 001875 Tribes, 1963, d. 1971. To Amend Title 18, U.s. Code, Entitled "Crimes and Tribal confederation conrends that survey error Criminal Procedure." resulted in loss of reservation lands and that federal Hearing, Conunittee on Interior and Insular Affairs, government wrongfully profited from lease of power House of Representatives, 1953. sites on tribal lands. 47 pgs. 002018 001945 Clarification of L'Anse Reservation. Ralnbow's End TraDer Sales, In reo Letrer to Raymond P. Lightfoot, Area Director, B.lA., Cal., Board of Equalization, Yurok, 1973. Minneapolis, Minnesota from Marina R. Shulstad, for Indians claimexemption from statesales tax on trailer the Field Solicitor, u.s. Department of Interior, Twin salecom~eredonreservMion. aties, Minnesota. June 26, 1973. 001949 7 pgs. Federal Indian Policy. Hearings before theSubconunittee on Indian Affairs of RESERVATIONS: CREATION the Conunittee on Interior and Insular Affairs, U.S. Senate, 85th Congress, March 'l:l, May 13 and 16, June 001889 17, July 1 and 22, 1957. "StateJurisdiction Over Hunting and Fishing on Lands 302 pgs. Purchased for Indians by Federal Government." Opinion, Office of the Solicitor. 001977 Margold, Nathan R., 1941. Ov~ "Jurisdiction Indians and Indian Lands In 9 pgs. Washington." Study, University of Washington Indian Legal 001897 Problems Seminar, Studies in American Indian Law, "Indian Rights in Columbia River Reservoir." Jolmson, Ralph W., Ed. Opinion, Office of the Solicitor. Newman, Nicholas C., 1970. Gardner, Warner W., 1945. 50 pgs. 33 pgs. PUBLIC LAW 280: RETROCESSION RESERVATIONS: CREATION; 001865 TREATIES .' Comenout Children, In reo Wash., Super. ct., Quinault, 1973. 001959 Action to prevent stare court from taking away Indian "The Indians of Michigan and the Cession of Their couple's parental rights by showing that state Lands to the United States By Treaties." jurisdiction had been retroceded to the federal Article, Michigan Pioneer and Historical Collections government. Annual Meeting, 26:274. Felch, Alpheus, 1894. 25 pgs.

35 '. RESERVATIONS: DIMINISHED BY SOVEREIGNTY ACTS OF CONGRESS 001981 001895 "Indian Tribal Sovereignty." "Hunting and Fishing Regulation on Diminished and Study, University of Washington Indian Legal Ceded Portions of the Wmd River Reservation." Problems Seminar, Studies in American Indian Law, Opinion, Office of the Solicitor. Vol. II, Johnson, Ralph W., Ed. Gardner, Warner W., 1943. McGimpsey, Earl R., 1971. 17 pgs. 76 pgs.

002022 SOVEREIGNTY: CONFLICT OF LAWS Yellowstone Loan Co. v. Brown, Francis B. Wyo., Dist. ct., Arapahoe, 1973. 001894 Indian debtor challenges jurisdiction of state court to "Fishing Rights of Alaskan Indians." hear action on promissory note because loan and Opinion, Office of the Solicitor. service of process were made on reservation. Margold, Nathan R., 1942. 31 pgs. RIGHTS OF WAY AND EASEMENTS: HIGHWAYS AND ROADS 001932 dun, Allen v. CIT Financial Services Corporation. 001988 N.M., ct. App., Navajo, 1973. United States v. San Diego, City of. Action to determine if state or tribal law governs Cal., S.D. Cal., Capitan Grande Band of Mission In­ reposession of vehicle located on reservation. dians, 1973. Tribe moves to intervene in suit arising from 001952 f municipal and public use of reservation roads Law and the American Indian: Readings, Notes and providing access to city-owoed reservoir and cam­ C..ases. pground, resulting in trespass and damage to Indian Book, Contemporary Legal Education Series. land. Price, Monroe E., 1973. 841 pgs. RIGHTS OF WAY AND EASEMENTS: RAILROADS STATE BENEFITS, ENTITLEMENT OF INDIANS 001989 Confederated Tribes of the Colville Reservation v. 001922 United States. "Eligibility of the 'Expanded SWinomish Indian Fish Wash., Ind. Cl. Comm., Confederated Tribes of the Company Project' for a Grant of State Funds." Colville Reservation, 1972. Opinion, Attorney General of Washington. . Tribes bring suit under fair and honorable dealings Murphy, Qlarles F. and Gingery, William M., 1972. clause claimingU.S. caused and permitted destruction 8 pgs. of fisheries in which plaintiffs had special rights and prior to extinguislunent of title, aided third persons in STATE BENEFITS, ENTITLEMENT removal of resources from reservation and granted OF INDIANS: EDUCATION railroad rights of way without fair compensation. RIGHTS OF WAY AND EASEMENTS: 001963 Azbill, Debra v. Keller, Arthur H. TRIBAL LAND Cal., N.D. Cal., 1973. Student expelled from public school without prior 001988 '. United State!! v. San Diego, City of. hearing or approval of Board of Trustees and without Cal., S.D. Cal., Capitan Grande Band of Mission In­ provision for continuing education claims denial of due dians, 1973. process. Tribe moves to intervene in suit arising from municipal and public use of reservation roads providing access to city-owoed reservoir and cam­ pground, resulting in trespass and damage to Indian land.

36 -~ '.

.. STATUTE OF LIMITATIONS AND STATUTES: STATE LACHES 001924 001993 Wisconsin v. Bodin, Roger. PittRiver IndiansofCalHornla v. Phelps, 1A)uis L. Wis., Bayfield County Ct., Lake Superior O1ippewa, d. Cal., Super. Ct., Pitt River Indians, 1973. 1973. . Indians bring suit against former attorneys charging Action to determine whether non-Indian's purchase of malpractice in handling of claims settlement before game fish caught by Indian under treaty rights is Indian Claims Commission. allowable.

STA'llJ'IE): AS A SOURCE OF FEDERAL SUBMERGED LANDS AND WETLANDS AUTHORITY OVER INDIANS 001881 001897 "RedlakeReservation- Title to SUbmerged lands­ "Indian Rights in Columbia River Reservoir." Indian Fishing Rights." Opinion, Office of the Soliciloc. Opinion, Office of the Solicitor. Gardner, Warner W., 1945. Kirgis, Frederic L., 1936. 33 pgs. 9 pgs.

002001 1)01897 "Summary of Statutory Authorizations For Bureau of "Indian Rights in Columbia River Reservoir." Indian Affairs Activities and Appropriations." Opinion, Office of the Solicitoc. Bureau of Indian Affairs, 1973. Gardner, Warner W., 1945. 'l:l pgs. 33 pgs.

002007 STATUTES: CONSTRUCTION United States v. Pollman, Harlan Frank. FAVORALLE TO INDIANS Mont., D. Monl, f.::onfederated Salish and Kootenai, 1972. Non-Indian is accused of trespassing with intent to fish 001893 on lake within boundaries of Flathead reservation in "Conffict Between Migratory Bird Treaty With Great violation of federal and tribal law. Britain and Treaty With the Yakimas Re Hunting Rights on Reservation." 002018 Memo to Commissioner of Indian Affairs, Office of the Clarification of L'Anse Reservation. Solicitor. Letter to Raymond P.lightfoot, Area Director, B.lA., Margold, Nathan R., 1942. Minneapolis, Minnesota from Mariana R. Shulstad, for 3 pgs. the Field Solicitor, U.S. Department of Interior, Twin Cities, Minnesota. 001894 June 26, 1973. "Fishing Rights of Alaskan Indians." 7 pgs.- Opinion, Office of the Soliciloc. Margold, Nathan R., 1942. SUBMERGED LANDS AND WETLANDS: 31 pgs. RIVERBEDS 001955 Waterman, Delia v. Mayor, City of Oneida. 001876 N.Y., Sup. Ct., Oneida, d. 1973. "Navigable Waters - Exclusion - Quinaielt Reser­ Indianreceiving waterservicefrom city refuses to pay vation." tax on reservation property as repayment far con­ Opinion, Office of the Solicitor. struction cost. Graves, O.H., 1928. 9 pgs.

37 ;===~------

.'

},

SURVEY ERRORS:" CLAIMS AGAINST 001910 UNITED STATES "State Taxation On Sales to Reservation Indians: A Comment on the North Dakota Attorney General's Position." 001951 Article, North Dakota Law Review, 49:343. Confederated Salish and Kootenai Tribes of the Hamlin, Thomas, 1973. Flathead Reservation, Montana v. United States. 16 pgs. Mont., Cl;; Cl., Confederated SaliSh and Kootenai Tribes, 1963, d. 1971. 001919 Tribal confederation contends that survey error "Probate Tax on Property of Indian Living on resulted in loss of reservation lands and that federal Reservation." government wrongfully profited from lease of power Opinion, Attorney General of Virginia. sites on tribal lands. January 30, 1970. 2pgs. TAXATION: ALLOTMENTS 001945 001857 Rainbow's End Trailer Sales, In reo Big Eagle, Hayes v. United States. Cal., Board of Equalization, Yurok, 1973. Okla., Ct. Cl., Osage, 1961. Indians claim exemption from statesales tax on trailer Noncompetent Osages challenge government trustee's sale completed on reservation. deduction of monies from their restricted trust funds to pay federal tax on headright income. 001955 Waterman, Della V. Mayor, City of Oneida. TAXATION: CIGARETTES N.Y., Sup. Ct., Oneida, d. 1973. Indian receiving water service from city refuses to pay 002000 tax on reservation property as repayment for con­ Walker River Paiute Tribe v. Sheehan, John J. struction cost. Nev., D. Nev., Walker River Paiute, 1973. Tribe and its licensed trader seek to enjoin state TAXATION: INCOME, FEDERAL taxation of interstate shipments of cigarettes to the reservation. 001857 Big Eagle, Hayes V. United States. TAXATION: ESTATE AND Okla., Ct. Cl., Osage, 1961. INHERITANCE Noncompetent Osages challenge government trustee's deduction of monies from their restricted trust funds to pay federal tax on headright income. 001855 Wook-Kah-Nah, In re Estate Of. TAXATION: LICENSE TAX Okla., Dept. of the Interior, Comanche, 1964. Heirs of deceased Indian contend that estate tax and other probate expenses should be charged to estate 001895 before distribution to beneficiaries rather than against "Hunting and Fishing Regulation on Diminished 'and inheritance of each devisee. Ceded Portions of the Wind River Reservation." Opinion, Office of the Solicitor. Gardner, Warner W., 1943. TAXATION: IMMUNITY, EXEMPTION 17 pgs. 001857 TAXATION: SALES Big Eagle, Hayes v. United States. Okla., Ct. Cl., Osage, 1961. Noncompetent Osages challenge government trustee's 001879 deduction of monies from their restricted trust funds to "Fishing Rights - Yakima Tribes." pay federal tax on headright income. Opinion, Office of the Solicitor. Margold, Nathan R., 1934. 6 pgs.

38 , · 001910 TERMINATION: DISTRIBUTION OF "State Taxation On Sales to Reservation Indians: A ASSETS Comment on the North Dakota Attorney General's Position." Article, North Dakota Law Review, 49:343. 001948 Hamlin, Thomas, 1973. Klamath Indian Tribe - Termination of Federal 16 pgs. Supervision. Hearings before theCommittee on Interior and Insular 001928 Affairs and its Subcommittee on Indian Affairs, U.S. "'liibal Taxing Authority Over Traders on Reser­ Senate,84th Congress,May 21 andOctober 18, 1956. vation." 186 pgs. Letter, Pirtle, Robert L., 1973. 5 pgs. TERMINATION: RESERVATIONS

001945 001948 Rainbow's End Trailer Sales, In reo Klamath Indian Tribe - Termination of Federal Cal., Board of Equalization, Yurok, 1973. Supervision. Indiansclaim exemption from statesales tax on trailer Hearingsbefore theCommittee on Interior and Insular sale completed on reservation. Affairs and its Subcommittee on Indian Affairs, U.S. Senate, 84th Congress, May21 and October 18, 1956. TAXATION: TRIBAL PROPERTY 186 pgs. ,tii , . 001857 001971 Big Eagle, Hayes v. United States. The Menominee Restoration Act: Legal Analysis. "\,;•... -. ...' .. ' Okla., Ct. n., Osage, 1961. Study, Native American Rights Fund. /:' Wl1kinson, Charles F., Knight, Yvonne T. and / ~;' ,;'. Noncompetent Osages challenge government trustee's JIt. deduction of monies from theirrestricted trust funds to Prelomik, Joseph F., 1973. "tt 101 pgs. t·~l pay federal tax on headright income. J' , TERMINATION 001973 "The History, Meaning, and Effect of Termination of Federal Supervision Over Indian Reservations." 001902 Study, University of Washington Indian Legal "Klamath Terminal Legislation." Problems Seminar, Studies in American Indian Law, Opinion, Office of the Solicitor. Johnson, Ralph W.., Ed. Annstrong, J. Reuel, 1955. Peterson, Rod, 1970. 24 pgs. 47 pgs.

001984 001984 "The Last Days - An Inquiry Into the Proposed "The Last Days - An Inquiry Into the Proposed Colville Termination." Colville Termination." Study, University of Washington Indian Legal Study, University of Washington Indian Legal Problems Seminar, Studies in American Indian Law, Problems Seminar, Studies in American Indian Law, Vol. II, Johnson, Ralph W., Ed. Vol. II, Johnson, Ralph W., Ed. Holland, N. Huntley, 1971. Holland N. Huntley 1971. 60 pgs. 60 pgs. TERMINATION: CONTINUING TIMBER FEDERAL OBLIGATIONS 002019 United States v. Lego, Raymond. 001971 Cal., 9th Cir., Pitt River, 1973. The Menominee Restoration Act: Legal Analysis. Indian accusedof cutting timber in violation of federal Study, Native American Rights Fund. law argues innocence because law exempts Indian Wllkinson, Charles F., Knight, Yvonne T. and lands and logging occurred on aboriginal land never Prelomik, Joseph F., 1973. ceded to government. 101pgs.

39 TIMBER: MANAGEMENT PROBLEMS 001959 "The Indians of Michigan and the Cession of Their 001985 Lands to the United States By Treaties." "A Study of B.I.A. Timber Management on the Article, Michigan Pioneer and Historical Collections Quinault Indian Reservation, 1950-1970." Annual Meeting, 26:274. Study, University of Washington Indian Legal Felch, Alpheus, 1894. Problems Seminar, Studies in American Indfan Law, 25 pgs. Vol. II, Johnson, Ralph W., Ed. Beaty, Robert E., 1971. 001960 '. Lewis Cass and the Indian Treaties:A Monograph on 87 pgs. l the Indian Relations of the Northwest Territory From' TIMBER: VALUATION 1813 to 1831. Monograph. Chmfort, Benjamin F., 1923. 001938 54 pgs. Klamath and Modoe Tribes and Yahooskin Band of Snake Indians v. The United States of America. 001962 Cal., Ind. Cl. Chrom., Klamath and Modoc Tribes and "Indian Land Cessions in Northern Yahooskin Band of Snake Indians, 1964. Southeastern Michigan (1805-1808)." Tenninated tribe claims additional compensation for Article, Northwestern Ohio Quarterly, 29:27. land erroneously excluded from reservation by Smith, Dwight L., 1957. government survey and ceded to government in 1906. 11 pgs.

·,':;'d TRADERS TREATIES WITH UNITED STATE CLAIMS AGAINST FEDERAL GOYE' 002024 MENT UNDER The Trading Post System on the Navajo Reservation. Report to the Federal Trade Commission, Los Angales Regional Office, June, 1973. 134 pgs. TRADERS: REGULATION

001928 "Tribal Taxing Authority Over Traders on Reser­ vation." oo1852t Letter, Pirtle, Robert L., 1973. An Analysis of the Course of Actions and, 5 pgs. Between the United States and the y~ Tribe Following the Treatyof April 19, 1859,to TREATIES OR AGREEMENTS WITH Study re Yankton Sioux Tribe v. United StateS SOVEREIGNS OrnER THAN UNITED Corom. .:' STATES Foley, Dr. Michael F. and Qlampe, Dr. Jo 1972. .~ 206 pgs. 001998 Program of Legal Studies for Native People: Cases 001982 and Materials on Native Law (Canada). "Indian Rights Secured by Treaties:~ Textbook. Remedies." ,J . sanders, Douglas, 1973. Study, University of WashingtOllri Iii 404 pgs. Problems Seminar, Studies in Ame eaJl;' Vol. II, Johnson, Ralph W., Ed. TREATIES WITH UNITED STATES Wagner, Ruth Ellen, 1971. 124 pgs. 001947 "Justice and the American Indians." Article, Contact, 3:33. Echohawk, John E., 1973. 6 pgs. 40 --- '.

.' TREATIES WITH UNITED STATES: Non-Indian is accused of trespassing with intent to fish CONSTRUCTION FAVORING INDIANS on lake within boundaries of Flathead reservation in violation of federal and tribal law. 001893 "Conffict Between Migratory Bird Treaty With Great TRIBAL COURTS Britain and Treaty With the Yakimas Re Hunting Rights on Reservation." 001908 Memo to Conunissioner of Indian Affairs, Office of the "The limits of Indian Tribal Sovereignty: The Cor­ Solicitor. nucopia of Inherent Powers." Margold, Nathan R., 1942. Article, North Dakota Law Review, 49:303. 3 pgs. Bean, Jerry L., 1973. 29 pgs. TRESPASS TO INDIAN LAND TRIBAL COURTS: DUE PROCESS 001861 United States v. Escondido Mutual Water Company. 001995 Cal., S.D. Cal., Rincon Band, La Jolla Band, San Enos, Lawrence v. Rhodes, William Roy. Pasqua! Band, Pala Band of Mission Indians, 1972, (C. Ariz., D. Ariz., Pima-Maricopa, 1973. 001259, 001510). Indian petitions for writ of habeas corpus and money Government, on behalf of tribes seeks adjudication of damages. water rights and damages from water companies for trespass and breach of contract. TRIBAL COURTS: JURISDICTION

001904 001957 "StateJurisdiction Over Criminal Trespass Actions on "Indians - Civil Jurisdiction in New Mexico - State, Klamath Indian Reservation." Federal and Tribal Courts." Opinion, Office of the Solicitor. Article, New Mexico Law Review, 1:196 Armstrong, J. Reuel, 1956. Ransom, Richard E. and Gilstrap, William G., 5 pgs. January, 1971. 10 pgs. 001917 "Trespass Upon the Reservation of the Mattaponi 001987 Tribe." Story, Edith May v. White Owl, Ronald Gene. Opinion, Assistant Attorney General of Virginia. N.D., Dist. Ct., Three Affiliated Tribes of Fort Berthold Garnett, Leslie C., Mattaponi, 1917. Res., 1973. 3 pgs. Order dismissing case for lack of jurisdiction because alleged non~upport by Indian took place in another 001918 state and jurisdiction over Indian was the tribal court, "Protection of Indian Tribes." not state court. Memorandum, Attorney General of Vlrginia. Saunders, Jno. R., Mattaponi, 1918. 002022 1 pg. Yellowstone Loan Co. v. Brown, Francis B. Wyo., Dist. Ct., Arapahoe, 1973. 001988 Indian debtor challenges jurisdiction of state court to United States v. San Diego, City of. hear action on promissory note because loan and Cal., S.D. Cal., Capitan Grande Band of Mission In­ service of process were made on reservation. dians, 1973. Tribe moves to intervene in suit arising from TRIBAL GOVERNMENT: SElF·GOVERN· municipal and public use of reservation roads providing access to city-<>wned reservoir and cam­ MENT, POLICY OF pground, resulting in trespass and damage to Indian land. 001882 "FortHall Reservation- Remedies Available to Tribe .,~ 002007 Against Trespassing Hunters." United States v. Pollman, Harlan Frank. Memo to the Commissioner of Indian Affairs, Office of Mont., D. Mont., Confederated Salish and Kootenai, the Solicitor. 1972. Margold, Nathan R., 1936. 3 pgs. 41 '. 001920 TRIBAL LAW: TRIBAL CONSTITUTION "The Eighteen-Year.Qld Vote Amendment As Applied to Indian Tribes." Memorandum to Commissioner of Indian Affairs, 001882 Solicitor. "FortHall Reservation- Remedies Available to Tribe Melich, Mitchell, 1971. Against Trespassing Hunters." 6 pgs. Memo to the Commissioner of Indian Affairs, Office of the Solicitor. TRIBAL LAW: ELECTIONS Margold, Nathan a, 1936. 3 pgs. 001925 TRIBAL MEMBERSHIP White Eagle, Melvin v. One Feather, Phllomene. N.D., 8th Cir., Standing Rock Sioux, d. 1973. Tribal members claim unequal apportionment of 001902 elective districtsdenies themequal protection in tribal "Klamath Terminal Legislation." election. Opinion, Office of the Solicitor. Armstrong, J. Reuel, 1955. TRIBAL LAW: SOURCE AND STATUS 24 pgs. OF, GENERALLY TRIBAL MEMBERSHIPS: QUALIFI. CATIONS 001952 Law and the American Indian: Readings, Notes and Cases. 001974 Book, Contemporary Legal Education Series. "Who is an Indian in Federal Indian Law?" Price, Monroe E., 1973. Study, University of Washington Indian Legal 841 pgs. Problems Seminar, Studies in American Indian Law, Johnson, Ralph W., Ed. TRIBAL~LAW: TRIBAL CODES Vogel, Bart, 1970. 40 pgs. 001882 TRIBAL PROPERTY: LANDS "FortHall Reservation- Remedies Available to Tribe Against Trespassing Hunters." Memo to the Commissioner of Indian Affairs, Office of 001952 the Solicitor. Law and the American Indian: Readings, Notes and Margold, Nathan a, 1936. Cases. 3 pgs. Book, Contemporary Legal Education Series. Price, Monroe E., 1973. 001932 841 pgs. Jim, Allen v. CIT Financial Services Corporation. N.M., Ct. App., Navajo, 1973. 001998 Action to determine if state or tribal law governs Program of Legal Studies for Native People: Cases reposession of vehicle located on reservation. and Materials on Native Law (Canada). Textbook. 001966 Sanders, Douglas, 1973. "Validity of Sections 1.906 and 1.1605 of the Turtle 404 pgs. Mountain Tribal Code of 1968." Memorandum to Commissioner of Indian Affairs, TRIBAL SOVEREIGNTY AND POWERS Associate Solicitor. Goss, Earle D., 1971. 001900 8 pgs. "Hunting, Fishing, and Trapping Rights of the Nez Perce Indians." 002007 Opinion, Office of the Solicitor. United States v. Pollman, Harlan Frank. White, Mastin G., 1949. Mont., D. Monl, Confederated Salish and Kootenai, 6 pgs. 1972. Non-Indian is accused of trespassing with intent to fish on lake within boundaries of Flathead reservation in violation of federal and tribal law. 42 j J ..'

001917 001947 "Trespass Upon the Reservation of the Mattaponi "Justice and the American Indians." Tribe." Article, Contact, 3:33. Opinion, Assistant Attorney General of Virginia. Echohawk, John E., 1973. Garnett, Leslie C., Mattaponi, 1917. 6 pgs. 3 pgs. 001952 001920 Law and the American Indian: Readings, Notes and "The Eighteen-Year-Qld Vote Amendment As Applied Cases. to Indian Tribes." Book, Contemporary Legal Education Series. Memorandum to Conunissioner of Indian Affairs, Price, Monroe E., 1973. Solicitor. 841 pgs. Melich, Mitchell, 1971. 6 pgs. 002008 Chiefs of St. Regis Mohawk Reservation for Removal 001932 of Intruders Upon TribalLands, InreComplaint of, Jim, Allen v. CIT Financial Services Corporation. N.Y., Franklin County Ct., Mohawk, 1973. N.M., Ct. App., Navajo, 1973. Tribal chiefs invoke state Indian Jaws to support their Action to determine if state or tribal law governs removal of non-enrolled Indian from reservation. reposession of vehicle located on reservation. TRIBAL SOVEREIGNTY AND POWERS: 001955 LICENSING AND REGULATION Waterman, Delia v. Mayor, City of Oneida. N.Y., Sup. Ct., Oneida, d. 1973. Indian receiving waterservicefrom city refuses to pay 001882 tax on reservation property as repayment for con­ "FortHall Reservation - Remedies Available to Tribe struction cost. Against Trespassing Hunters." Memo to the Conunissioner of Indian Affairs, Office of 001975 the Solicitor. "The Indian Bill of Rights." Margold, Nathan R., 1936. Study, University of Washington Indian Legal 3 pgs. Problems Seminar, Studies in American Indian Law, Johnson, Ralph W., Ed. 001886 Sloan, Marilyn, 1970. "Hunting and Fishing - Tribal Power - Bad River." 61 pgs. Memo to the Conunissioner of Indian Affairs, Office of the Solicitor. 001981 Kirgis, Frederic L., 1938. "Indian Tribal Sovereignty." 2 pgs. Study, University of Washington Indian Legal Problems Seminar, Studies in American Indian Law, 001890 Vol. II, Johnson, Ralph W., Ed. "Departmental Review of Tribal Ordinance." McGimpsey, Earl R., 1971. Memo to the Conunissioner of Indian Affairs, Office of 76 pgs. the Solicitor. Cohen, Felix S., 1941. TRIBAL SOVEREIGNTY AND POWERS: 2 pgs. BASIS FOR 001895 "Hunting and Fishing Regulation on Diminished and 001908 Ceded Portions of the Wind River Reservation." "The limits of Indian Tribal Sovereignty: The Cor­ Opinion, Office of the Solicitor. nucopia of Inherent Powers." Gardner, Warner W., 1943. " Article, North Dakota Law Review, 49:303. 17 pgs. Bean, Jerry L., 1973. 29 pgs. 001898 "Jurisdiction of Flathead Tribal Council to Regulate Hunting in Reservoir Areas." Opinion, Office of the Solicitor. I White, Mastin G., 1947. 5 pgs.

43 1 001903 TRUST FUNDS: INDIVIDUAL "Hunting and Fishing Rights of the Klamath Indian Tribe - Authority to Hire Game Wardens." opinion, Office of the Solicitor. 002020 Armstrong, J. Reuel, 1956. Eagle Elk, Edward, In re the Appeal of. 3 pgs. S.D., Dept. of Inter., Sioux, 1972. Interior Secretary rules that social security survivor's 001928 benefits held in child's BIA trust account should be "Tribal Taxing Authority Over Traders on Reser­ turned over to duly appointed guardian. vation." Letter, Pirtle, Robert L., 1973. TRUST RELATION 5 pgs. 001868 002007 "The Navajo Irrigation Project." United States v. Pollman, Harlan Frank. Memo, B.LA. Mont., D. Mont., Confederated salish and Kootenai, Veeder, William H., 1965. 1972. 12 pgs. i. Non-Indian is accused of trespassing with intent to fish on lake within boundaries of Flathead reservation in 001874 ~: , violation of federal and tribal law. "American Indian Reservation Economic Develop­ ment Retarded or Thwarted Through Abridgement or TRIBES: RECOGNITION BY UNITED Loss of Indian Titles to Land and Rights to the Use of STATES Water by Policies, Agencies and Personnel of Federal Government." Memorandum and Implementation. 001941 Veeder, William H., 1969. Satiacum, Robert v. Washington. 157 pgs. Wash., U.S. Sup. Ct., Puyallup, 1973. In affirming conviction of Indian for wasting fish 001927 caught under treaty rights, petitioner contends court "Inventory of Rights to the Use of Water on the unnecessarily detennined that reservation no longer Flathead Indian Reservation." exists. Memo, BIA. Veeder, William H., 1969. TRUST AND RESTRICTED LANDS: 17 pgs. CONVEYANCE 001985 001976 "A Study of B.LA. Timber Management on the "The Indian Heirship Land Problem." Quinault Indian Reservation, 1950-1970." Study, University of Washington Indian Legal Study, University of Washington Indian Legal Problems Seminar. Studies In American Indian Law, Problems Seminar, Studies in American Indian Law, Johnson, Ralph W., Ed. Vol. II, Johnson, Ralph W., Ed. Wilfulms, Ethel J., 1970. Beaty, Robert E., 1971. 82 pgs. 87 pgs. TRUST FUNDS: ACCOUNTING TRUST RELATION: BREACH, CLAIMS AGAINST FEDERAL GOVERNMENT 001934 Southern Ute Tribe or Band of Indians v. The United 001951 States of America. Confederated Salish and Kootenai Tribes of the Colo., Ind. Cl. Comm., Southern Ute, 1964. Flathead Reservation, Montana v. United States. Tribe claims compensation for lands taken by U.S. Mont., Ct. Cl., Confederated Salish and Kootenai without payment and seeks accounting from govern­ Tribes, 1963, d. 1971. ment for proceeds of land sales. Tribal confederation contends that survey error resulted in loss of reservation lands and that federal government wrongfuUy profited from lease of power sites on tribal lands.

44 UNCONSCIONABLE DEALINGS: CLAIMS WATER RIGHTS: RESERVED RIGHTS AGAINST UNITED STATES 001861 001989 United States v. Escondido Mutual Water Company. Confederated Tribes of the Colville Reservation v. Cal., S.D. Cal., Rincon Band, La Jolla Band, San United States. Pasqual Band, Pala Band of Mission Indians, 1972, (C. Wash., Ind. Ct. Comm., Confederated Tribes of the 001259, 001510). Colville Reservation, 1972. . Government, on behalf of tribes seeks adjudication of Tribes bring suit under fair and honorable dealings water rights and damages from water companies for clause claimingU.S. caused and pennitted destruction trespass and breach of contract. of fisheries in which plaintiffs had special rights and prior to extinguislunent of title, aided third persons in 001864 removal of resources from reservation and granted "Analysis of Opinion November 16, 1967, to the Extent railroad rights of way without fair compensation. That itRelates to the Rights of the Crow Indians in the Bighorn River." URBAN INDIANS Opinion, B.LA. Veeder, William H., 1967. 17 pgs. 002023 Reservation to City. 001868 Book, Univ. of Chicago Dept. of Geography Research "The Navajo Irrigation Project." Paper No. 131. Memo, B.I.A. Neils, Elaine M., 1971. Veeder, William H., 1965. 198 pgs. On Shelf. 12 pgs. VOTING 001926 "Memorandum Relative to the Titles to Rights to the 001920 Use of Water and the Authority to Control and Ad­ "The Eighteen-Year.()ld Vote Amendment As Applied minister Them on the Flathead Indian Reservation." to Indian Tribes." Memo, BIA. Memorandum to Commissioner of Indian Affairs, Veeder, William H., 1967. Solicitor. 39 pgs. Melich, Mitchell, 1971. 6 pgs. 001927 "Inventory of Rights to the Use of Water on the WATER RIGHTS Flathead Indian Reservation." Memo, BIA. 001874 Veeder, William H., 1969. "American Indian Reservation Economic Develop­ 17 pgs. ment Retarded or Thwarted Through Abridgement or Loss of Indian Titles to Land and Rights to the Use of WELFARE Water by Policies, Agencies and Personnel of Federal Government." 001871 Memorandum and Implementation. "Indians in Minneapolis." Veeder, William H., 1969. Study. 157 pgs. The League of Women Voters of Minneapolis, 1968. 115 pgs. 001968 The Southwest Indian Report. 001991 Report, U.S. Commission on Civil Rights, May, 1973. Tsosie, Helen and Nelson, Vina Jean, In reo 177 pgs. Ariz., B.I.A., Secretary of Interior, 1972. Action to determine whether welfare recipients are entitled to additional clothing allowance from BIA general assistance for their children attending boar­ ding school.

45 Menominee Wooden Mortar and Pestle

INDIAN STREAMBED abandoned beds of navigable Reporter will be indexed ac­ OWNERSHIP AFFIRMED streams that traverse or border cording to NARF's NILL com­ Indian reservations even where prehensive subject index to In­ On :December 17, 1973, The the state owns the actual dian law. The Reporter will be a United States Supreme Court streambed. valuable reference tool for the decided the Bonelli case which, The Native American Rights although not an Indian case, may working lawyer and should also Fund filed a brief amicus curiae be of interest to a wide spectrum have an important and beneficial on behalf of the Cocopah Tribe of impact on Indian claims to the Indians in Bonelli calling at­ of organizations and individuals beds or former beds of navigable tention to the potential impact on who wish to be kept informed in streams on their reservations. the Cocopah Tribe and other the area of Indian law. The rule is that the state is the tribes that are similarly situated Annual subscriptions are $30. owner of the streambed of of a decision which would have Inquiries should be directed to navigable streams and lakes, at upheld the state. Fund attorneys Alan Parker, Esq., Editor, Indian . least in those instances when the A. John Wabaunsee, Charles F. Law Reporter, 1035 30th Street. \ establishment of an Indian Wilkinson and David H. Getches N.W., Washington, D.C., 20001 ~, reservation came after the ad­ represented the Cocopahs. The Telephone: (282) 337-5210. -' mission of a state into the Union. National Indian Law Library In the Bonelli case, the State of acquisition number for Arizona not only claimed that it documents in Bonelli is 002055. was the owner of the streambed underlying the current course of INDIAN LAW REPORTER the Colorado River, but that it also owned the land where the The American Indian Lawyer Colorado used to flow before its Training Program has announced course was altered. Arizona's publication of the Indian Law position, if it had been upheld, Reporter. The Reporter will could have been very costly for many Indian tribes for it would provide a unique service to the have meant that states could practitioners of Indian law by claim ownership of parts of Indian compiling and editing on a NATIVE AMERICAN reservations through which monthly basis all current RIGHTS FUND navigable streams formerly ran. developments in the field of In­ STEERING COMMITTEE Despite the fact that the dian law including: digests and LaNADA BOYER. Shoshone-Bannock Arizona State and Supreme summary analyses of recent Resident, Fort Hall Indian Courts found in favor of Arizona, federal and state court decisions; Reservation, Blackfoot, Idaho the United States Supreme Court federal administrative decisions, VAL CORDOVA, Taos Pueblo rejected Arizona's position. It orders and rulings falling within Chairman, All Indian Pueblo Council, ruled that the only land owned by the official sphere of agency Albuquerque, New Mexico the state at any given time was CURTIS L. CUSTALOW, SR., Mattaponi the land underlying the River and responsibility in the area of In­ Chief, Mattaponi Tribe, West that when the River altered its dian affairs; litigation and Point, Virginia course, the state lost its title to the program status reports from the MARTHA GRASS, Ponca land abandoned by the stream. federal agencies; and legislative Director, American Indian Referral information of particular Center, Marland, Oklahoma Now the Supreme Court has ef­ JOHN CLIFFORD, Rosebud Sioux fectively precluded states from relevance. Educator, South Milwaukee, asserting ownership to the All material published in the Wisconsin 46 --.:."

LEO J. LaCLAIR, Muckleshoot NATIVE AMERIGAN LEGAL SECRETARIES Reginald Heber Smith Fellow, Elva Arquero (Cochiti Pueblo) Seattle Legal Services, Seattle, RIGHTS FUND Gail L. Benoist (Cheyenne River Sioux) PIi..... Washington STAFF Janice C. Bray (Kiowa) ~ROYLOGAN,Osage Carol J. Kerlinger I 1nt.'I'T1o~"""""''''1n • ~ncher, Hominy, Oklahoma UJ.I\,L...... lVn. Ca~lene Knowlton (Cheyenne River John E. Echohawk (Pawnee) SiOUX) CIPRIANO MANUEL, Papago Sara~ S. Pensoneau (Santee Sioux­ Project Director, National Center STAFF ATTORNEYS L. Graeme Bell (Washington, D.C'> Chippewa) for Native American Language Susan P. Roberson (Washington DC) Education, D-Q University, Davis JosephJ. Brecher Patricia J. Wright '." California ' Thomas W. Fredericks (Mandan) David H. Getches BOOKKEEPING JANET McCLOUD, Tulalip RoyS.Haber Susan Rosseter Hart Member, Tulalip Indian Tribe, Daniel H. Israel Carmel Lewis (Acoma Pueblo) residing at Yelm, Washington Yvonne T. Knight (Ponca) RECEPTIONIST/ XEROX FRANCIS McKINLEY, Ute Scott E. Little Rose M. Archuleta (Taos Pueblo) Director, National Indian Training Douglas R. Nash (Nez Perce) Norma A. Cuny (Oglala Sioux) and Research Center, Tempe, Arizona Robert S. Pelcyger Ava N. Hamilton (Arapaho) Thomas L. Smithson DAVID RISLING, JR., Hoopa A. John Wabaunsee (Pottawattomi) RECORDS Coordinator, Native AmericanStudies Bernadine Quintana (Oglala Sioux) University ofCalifornia, Davis ' Charles F. Wilkinson . California RESEARCH ASSOCIATE REPRODUCTION Walter R. Echo-Hawk (Pawnee) Charles A. Parton (Fort Sill Apache) JOHNSTEVENS, Passama9uoddy Martin E. Red Bear (Oglala Sioux) StateCommissioner of India OF COUNSEL Affairs, Augusta, Maine TbomasN. Tureen MAINTENANCE GeorgeD. Tahbone (Kiowa) JOSEPH UPICKSOUN, InupiatEskimo ASSISTANT TO THE DIRECTOR President, Arctic Slope Native Joan L. Carpenter Association, Barrow, Alaska NATIONAL INDIAN LAW CLERKS David J. Dunbar (Blackfoot) LAW LIBRARY EXECUTIVE COMMITTEE OranLaPointe

47 Native American · Announcements Enclosed is my contribu­ tion to assist the Native Rights Fund Offices and Catalogue American Rights Fund in Request Form the assertion and protec­ Requests for assistance and in­ tion of Indian rights and formation may be directed to tlie Please check the boxes for the orderly development main office, publications you wish to of the body of law affecting John E. Echohawk, receive: Indians: Director : . Native American Rights Fund Name 1506 Broadway 1974 Issues of Announcements o · Boulder, Colorado 80302 Address Telephone (303) 447-8760 NILL Catalogue Vol. 1, $10 o · City State Zip Native American Rights · 0$5 [J $10 C=$25 L1$50 L. $100 or to the Fund Other $, _ The National Indian Law · Washington, D.C. office, Library 1506 Broadway Make your check payable to: L. Graeme Bell, III, Boulder, Colorado 80302 Native American Rights Fund Staff Attorney Mail to: Native American Rights Fund Native American Rights Fund 1712 N. Str~et, N.W. 1506 Broadway Washington, D.C. 20036 Name (please print> Boulder, Colorado 80302 Telephone (202) 785-4166 Announcements is published quarterly by the Native American Rights Fund, lnc., 1506 Broadway, Boulder, Colorado, 80302; Joan L. Carpenter, editor; O1arles • Address A. Partonand Martin Red Bear, printing and circulation. Third class postage paid at Boulder, Colorado. All rights reserved. Subscription rates: libraries and non­ lndian organizations, 1 year, $10.00; Indian tribes, organizations and individuals, • City State Zip no charge. Attocneys and other irrlividuals, by contribution. · .

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