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 3
... valuation pro- ceedings brought in the United States Claims Court or the United States District Court for the Eastern District of Oklahoma for damages resulting from the use and occupation by the • HR 4209 IH 1 2 3 4 5 6 7 8 9 10 3.
... valuation pro- ceedings brought in the United States Claims Court or the United States District Court for the Eastern District of Oklahoma for damages resulting from the use and occupation by the • HR 4209 IH 1 2 3 4 5 6 7 8 9 10 3.
Page 9
... result in a gratuity having been given to the tribe . We think that it essentially denigrates the process that we've been involved in for the past 10 years in the ju- dicial system . We think that it involves giving preferential treat ...
... result in a gratuity having been given to the tribe . We think that it essentially denigrates the process that we've been involved in for the past 10 years in the ju- dicial system . We think that it involves giving preferential treat ...
Page 11
... Result in a substantial and unjustified gratuity to the Tribes , disguised as " damages ; " 2 ) Denigrate the judicial function ; 3 ) Result in the waste of the considerable judicial and litigation resources , past and future ; 4 ) Give ...
... Result in a substantial and unjustified gratuity to the Tribes , disguised as " damages ; " 2 ) Denigrate the judicial function ; 3 ) Result in the waste of the considerable judicial and litigation resources , past and future ; 4 ) Give ...
Page 16
... resulting from construction of the McClellan - Kerr Project . The Justice Department opposed passage of H.R. 2329 . ( The Interior Department deferred to the Justice Department position . ) Our opposition was based on a longstanding ...
... resulting from construction of the McClellan - Kerr Project . The Justice Department opposed passage of H.R. 2329 . ( The Interior Department deferred to the Justice Department position . ) Our opposition was based on a longstanding ...
Page 19
... result in a [ I substantial and unjustified gratuity to the Tribes , cloaked in the guise of " damages , " where there has been a judicial determination of no legal , or even equitable or moral grounds for federal liability . While we ...
... result in a [ I substantial and unjustified gratuity to the Tribes , cloaked in the guise of " damages , " where there has been a judicial determination of no legal , or even equitable or moral grounds for federal liability . While we ...
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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...