Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998: Hearing Before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, Second Session, on S. 2097 ... July 15, 1998, Washington DC.
U.S. Government Printing Office, 1999 - 348 pages
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action activities addition agreement Amendments appears apply appropriate assist authority bill brokers carrying Center for Health Chairman collection Commission Committee compact concerns Congress consider contract contractors cost court covered create damages decision defense Department described determine develop dispute resolution duplicative employees employment enforcement established example existing experience extent fact Federal agency Federal government filed FTCA coverage Health Policy Research Indian tribes individual injury insurance companies insurance coverage intergovernmental Interior involved issues jurisdiction legislation limited malpractice matter mediation negotiations panel participate parties premiums private insurance private liability insurance problems procedures programs protection purchase questions reason recommend regarding regulations representatives request reservation resolve responsibility result scope Secretary self-determination Senator sovereign immunity specific suit taxes Title Tort Claims tribal governments tribal organizations tribes and tribal understanding United Washington
Page 210 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 310 - Union, the United States has recognized Indian tribes as domestic dependent nations under its protection. In treaties, our Nation has guaranteed the right of Indian tribes to self-government. As domestic dependent nations, Indian tribes exercise inherent sovereign powers over their members and territory.
Page 214 - Indian population to be served by such organization) and which includes the maximum participation of Indians in all phases of its activities. (f) "Urban Indian...
Page 274 - Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
Page 133 - ... because of the FTCA. 2. Some tribes and tribal organizations involved in PL 93-638 contracting, however, may not have fully realized the benefits of the FTCA, because of the uncertainty, confusion, and lack of understanding among tribes, brokers, and insurance companies as to what activities are covered by the FTCA, when private sector coverage is unnecessary or duplicative, or how a FTCA claim proceeds through the system. This problem persists despite the publication of regulations under Title...
Page 259 - For the purpose of this subsection, "investigative or law enforcement officer" means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.
Page 255 - If the answer to any of these questions is no, then the activity and the document need to be carefully reviewed as a candidate for elimination.
Page 259 - That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, "investigative or law enforcement officer...
Page 225 - If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.