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 13
... secure special jurisdictional acts for adjudication of their ancient claims , Congress passed the Indian Claims Commission Act ( the " ICCA " ) , 60 Stat . 1050 , 25 U.S.C. § 70 ( 1976 ) . The ICCA was intended to wipe the slate clean ...
... secure special jurisdictional acts for adjudication of their ancient claims , Congress passed the Indian Claims Commission Act ( the " ICCA " ) , 60 Stat . 1050 , 25 U.S.C. § 70 ( 1976 ) . The ICCA was intended to wipe the slate clean ...
Page 42
... secure their sovereignty and peaceful possession of new lands in the west , and avoid the depredations suffered by the Nations through contact with non - Indian settlements in the east . Choctaw Nation v . Oklahoma , 397 U.S. at 622-27 ...
... secure their sovereignty and peaceful possession of new lands in the west , and avoid the depredations suffered by the Nations through contact with non - Indian settlements in the east . Choctaw Nation v . Oklahoma , 397 U.S. at 622-27 ...
Page 57
... secure and guarantee to them and their heirs , or successors , the country exchanged with them " and to " be protected , at their new residence , against all interruption or disturbance from any other tribe or nation of Indians or from ...
... secure and guarantee to them and their heirs , or successors , the country exchanged with them " and to " be protected , at their new residence , against all interruption or disturbance from any other tribe or nation of Indians or from ...
Page 74
... secure their title against the State of Oklahoma . To quiet title , the Nations needed to overcome Oklahoma's sovereign immunity , not the federal government's . But the ICCA did not waive Oklahoma's immunity ; waiver did not occur ...
... secure their title against the State of Oklahoma . To quiet title , the Nations needed to overcome Oklahoma's sovereign immunity , not the federal government's . But the ICCA did not waive Oklahoma's immunity ; waiver did not occur ...
Page 97
... secure the right of navigation because it furnished one of the only means of efficient transportation in frontier ter- ritory . The treaties providing for the final removal of the Cherokee Nation to the Indian Territory had a dif ...
... secure the right of navigation because it furnished one of the only means of efficient transportation in frontier ter- ritory . The treaties providing for the final removal of the Cherokee Nation to the Indian Territory had a dif ...
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Common terms and phrases
10th Cir 60 Stat ANOATUBBY Arkansas River Article authority bill Burkhardt cause of action Chero Cherokee lands Cherokee Nation Cherokee territory Chickasaw Nations Choctaw Nation Claims Commission Act Commerce Clause Committee compensation Congress Congressional construction court of appeals Court of Claims damages Dawes Commission dealings clause December 23 decision district court enacted equitable established exercise fair and honorable fee simple fee simple title ferry Fifth Amendment Five Civilized Tribes FLINT Fort Gibson FRANK Gibson government's grant hear honorable dealings claim ICCA Indian Affairs Indian Claims Commission Indian Territory Indian tribes Interior issue jurisdiction Justice Department kee Nation law or equity legislation license litigation Mankiller mark McClellan-Kerr Project Mississippi moral Nation of Oklahoma navigational servitude non-Indian obligation ownership payment private property rights Public Law reservation river bed riverbed lands special relationship Supreme Court SYNAR Tennessee River tion treaty and patent United States Agent waterways
Popular passages
Page 97 - 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 156 - Cherokee nation the right by their national councils to make and carry into effect all such laws as they may deem necessary for the government and protection of the persons and property within their own country belonging to their people or such persons as have connected themselves with them : provided always that they shall not be inconsistent with the constitution of the United States and such acts of Congress as have been or may be passed regulating trade and intercourse with the Indians...
Page 158 - 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 148 - 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 162 - 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 159 - 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 107 - ... 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 39 - 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 141 - States the impracticability of inducing the nation at large to do this, and to request the establishment of a division line between the upper and lower towns, so as to include all the waters of the Hiwassee...
Page 154 - States whereby the difficulties they have experienced by a residence within the settled parts of the United States under the jurisdiction and laws of the State Governments may be terminated and adjusted; and with a view to reuniting their people in one body and securing a permanent home for themselves and their posterity in the country selected by their forefathers without the territorial limits of the State sovereignties, and where they can establish and enjoy a government of their choice and perpetuate...