Using Third-Party Agreements to Enhance
The creation of agreements with non-Indian third parties on Indian lands can have a significant impact on tribal sovereignty. This class will begin with the legal basics of sovereignty. It will then trace the historical development of lost sovereignty, address the opportunity created by Montana v. US, and then present scenarios in which the requirement for consensual agreements might be employed to enhance or retrieve lost sovereignty.
Sovereignty is diminished when third party, non-Indian interests (governmental or private) become involved on reservations. With the US Supreme Court's Montana v. US case, tribes are authorized to place significant restrictions on such third parties in consensual agreements - for example, rights of way.
This class will examine case studies to increase understanding of applicable precedents, including the Yakama Nation usage of this approach to push through a franchise arrangement with utilities on its reservation that requires utilities to pay significant recurring annual fees as well as to assist the Nation in creating and operating its own electric utility. Don’t miss out on this important information—register today!
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