Cherokee, Choctaw, and Chickasaw Nations of Oklahoma Claims Act of 1992: Hearing Before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, One Hundred Second Congress, Second Session, on H.R. 4209 ... April 1, 1992U.S. Government Printing Office, 1992 - 218 pages |
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Page 14
... interests and payment for the government's past use of the riverbed . In 1973 , 1974 and 1975 they sought and received from Congress the funds necessary to complete studies and appraisals in support of such legislation . At the ...
... interests and payment for the government's past use of the riverbed . In 1973 , 1974 and 1975 they sought and received from Congress the funds necessary to complete studies and appraisals in support of such legislation . At the ...
Page 17
... interests were subject to the dominant navigational servitude of the United States , whose " proper exercise ✶ ✶ ✶ is not an invasion of any private property rights in the [ navigable ] stream or the lands 3 ( ... continued ) ...
... interests were subject to the dominant navigational servitude of the United States , whose " proper exercise ✶ ✶ ✶ is not an invasion of any private property rights in the [ navigable ] stream or the lands 3 ( ... continued ) ...
Page 18
... interest . ✶✶✶ The parties , including [ the Tribe ] here , clearly understood that the navigational servitude was dominant no matter how the question of riverbed ownership was resolved . Cherokee , 480 U.S. at 706. The Court further ...
... interest . ✶✶✶ The parties , including [ the Tribe ] here , clearly understood that the navigational servitude was dominant no matter how the question of riverbed ownership was resolved . Cherokee , 480 U.S. at 706. The Court further ...
Page 21
... interests ] . " In the many cases decided under the jurisdictional grant of the ICCA , the threshold issue was one of federal liability , and there is nothing in the quoted language to indicate that Congress intended something different ...
... interests ] . " In the many cases decided under the jurisdictional grant of the ICCA , the threshold issue was one of federal liability , and there is nothing in the quoted language to indicate that Congress intended something different ...
Page 25
... interest . The Departzant of the Interior legal memorandum on the Arkansas Riverbed points out that the Supreme Court has stated on many occasions that damage caused by the government , under its paramount power to improve navigation ...
... interest . The Departzant of the Interior legal memorandum on the Arkansas Riverbed points out that the Supreme Court has stated on many occasions that damage caused by the government , under its paramount power to improve navigation ...
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Common terms and phrases
60 Stat agree Arkansas River Article authority benefit bill Burkhardt cause of action ceded Chero Cherokee lands Cherokee Nation Cherokee territory Chickasaw Nations Choctaw Nation Claims Commission Act Commerce Clause Committee compensation CONG CONGRES CONGRESS THE LIBRARY constitutional construction court of appeals Court of Claims damages Dawes Commission dealings clause decision district court enacted equitable established exercise fair and honorable federal fee simple ferry Fifth Amendment Five Civilized Tribes FLINT Fort Gibson FRANK government's grant honorable dealings claim ICCA Indian Affairs Indian Claims Commission Indian Territory Indian tribes Interior issue jurisdiction Justice Department kee Nation law or equity legislation liability LIBRARY OF CONGRESS litigation mark McClellan-Kerr Project Mississippi Nation of Oklahoma Navigation Project navigational servitude non-Indian obligation plaintiff Public Law RIVER AND HARBOR river bed riverbed lands special relationship Supreme Court SYNAR Tennessee River tion tional servitude United States Agent Verdigris River waterways
Popular passages
Page 138 - Governor of the territory of the United States of America, south of the river Ohio...
Page 101 - Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory...
Page 162 - The United States of America, To all to whom these Presents shall come, Greeting: Whereas Isaac Gullett of Butler County, Ohio has deposited in the General Land Office of the United States...
Page 152 - In addition to the seven millions of acres of land thus provided for and bounded, the United States further guarantee to the Cherokee nation a perpetual outlet west and a free and unmolested use of all the country lying west of the western boundary of said seven millions of acres, as far west as the sovereignty of the United States and their right of soil extend.
Page 166 - In testimony whereof, I have caused these letters to be made patent, and the seal of the Department of the Interior of the United States to be hereunto affixed.
Page 163 - The United States also agree that the lands above ceded by the treaty of Feb. 14 1833, including the outlet, and those ceded by this treaty shall all be included in one patent executed to the Cherokee nation of Indians by the President of the United States according to the provisions of the act of May 28 1830.
Page 111 - ... various measures that it deemed appropriate for the promotion of navigation. But what petitioners now have is a body of water that was private property under Hawaiian law, linked to navigable water by a channel dredged by them with the consent of the respondent. While the consent of individual officials representing the United States cannot "estop...
Page 43 - We cannot doubt, therefore, that Congress has the power to make grants of lands below high water mark of navigable waters in any Territory of the United States, whenever it becomes necessary to do so in order to perform international obligations, or to effect the improvement of such lands .for the promotion and convenience of commerce, with foreign nations and among the several States, or to carry out other public purposes appropriate to the objects for which the United States hold the Territory.
Page 151 - Arkansas, and guard themselves from such connexions in future; and, Whereas, it being important, not to the Cherokees only, but also to the Choctaws, and in regard also to the question which may be agitated in the future respecting the location of the latter, as well as the former, within the limits of the Territory or State of Arkansas, as the case may be, and their removal therefrom ; and to avoid the cost which may attend negotiations to rid the Territory or State of Arkansas whenever it may become...
Page 54 - It is agreed that the citizens and inhabitants of the United States shall have the right to navigate the River St. Lawrence, and the canals in Canada used as the means of communicating between the great lakes and the Atlantic Ocean, with their vessels, boats, and crafts, as fully and freely as the subjects of Her Britannic Majesty, subject only to the same tolls and other assessments...