Natives Aff

State deals with natives hav to come through an intergovernmental deal

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State deals with natives hav to come through an intergovernmental deal

Getches, 93 Professor at the University of Colorado School of Law (David H., “NEGOTIATED SOVEREIGNTY: INTERGOVERNMENTAL AGREEMENTS WITH AMERICAN INDIAN TRIBES AS MODELS FOR EXPANDING SELF-GOVERNMENT”, Review of Constitutional Studies Vol 1 No 1, SW)

In the United States, intergovernmental agreements close the gap between concepts of sovereignty and the necessities of governance. They are used to give practical meaning to broad legal principles, to effectuate court decisions and legislative delegations of authority, and to clarify ambiguous laws. In some cases, agreements resolve disputes that would otherwise be mired in costly, protracted, and sometimes inconclusive litigation. Intergovernmental agreements have become a device of necessity for United States Indian tribes and their neighbouring governments. The necessity stems from the legal complexity of the field of Indian law and policy and the diversified land tenure situation on Indian reservations. Recent litigation and assertions of sovereignty by revitalized tribal governments have forced lingering issues to be resolved with practical solutions. Case law, treaties, and statutes have created a bizarre jurisdictional arrangement. The question of which government has responsibility over an infraction on any Indian reservation may turn on the ownership of the land where it occurs, the race of the victim, the race and tribal affiliation of the actor, and a determination of whether the law controlling the behaviour is "prohibitory" or not. Jurisdiction to impose civil regulations entails extensive and imprecise case-by-case analysis of the relative interests of the state, federal and tribal governments. The fact that much, and in some cases most, land on Indian reservations is owned by non-Indians compounds the problem. The situation creates bewildering challenges to tribal and state officials charged with administering justice and performing governmental responsibilities. Thus, current policies ostensibly respecting Indian self-determination and the tribes' governmental status are frustrated.

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