TBL CHP 12

This set of flashcards covers key concepts associated with Indian lands, including legal definitions, landmark cases, and current issues surrounding tribal land rights and ownership.

Indian Lands

Lands that are held by Native Americans or tribes, often under certain restrictions.

Aboriginal Title

A legal term denoting the rights of Indigenous peoples to land they have traditionally occupied and used.

Recognized Title

Title to Indian lands that has been formally recognized by federal treaty or statute.

Right of Occupancy

The legal right of a tribe to occupy and use a land area to the exclusion of others.

Trade and Intercourse Act of 1790

Legislation that regulated the sale of land by Native Americans and established the legal framework for tribal land rights.

Executive Order Reservations

Land set aside for Native American tribes by presidential executive orders, which may not convey recognized title.

Indian Claims Commission Act of 1946

Legislation that allowed tribes to sue the federal government for compensation for lands lost due to unfair circumstances.

Fee Simple Title

A legal term referring to the most complete form of ownership of land, allowing for disposal and alienation.

Trust Relationship

The legal obligation of the federal government to protect and manage the lands for the benefit of Native American tribes.

Laches

A legal principle that bars claims in equity when there has been an unreasonable delay in asserting a right.

Catawba Indian Tribe v. South Carolina

A legal case that dealt with the rights of the Catawba Indian Tribe regarding their land and compensation.

Oneida Indian Nation v. County of Oneida

A case in which the Supreme Court recognized the right of the Oneida Indian Nation to assert federal claims related to land.

Fractional Interests

Shares of ownership in Indian allotment lands that can lead to complicated management and use issues.

Commune Ownership

A system where land is held collectively by a tribe, providing shared benefits and responsibilities.

Indian Mineral Leasing Act

A law providing the framework for leasing Indian lands for mineral extraction, requiring federal approval.

Cobell v. Salazar

A major lawsuit concerning the mismanagement of trust funds for individual Native Americans, leading to a settlement.

Native American Gaming

Casino and gambling activities regulated on tribal lands, often involving trust land acquisitions.

Carcieri v. Salazar

A Supreme Court case that defined the limits of the Secretary's ability to take land into trust for tribes recognized after 1934.

Individual Aboriginal Title

A claim by individual Native Americans to land based on pre-existing rights of occupancy.