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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Page 1
... problems that we should address . This legislation is proposed to resolve two of these problems : Col- lection of State taxes on sales to non - Indians and the ability to be compensated for an injury when a Tribal Government is respon ...
... problems that we should address . This legislation is proposed to resolve two of these problems : Col- lection of State taxes on sales to non - Indians and the ability to be compensated for an injury when a Tribal Government is respon ...
Page 2
... problems by creating another . But I must say to all the tribal representatives here we must address these issues . Not just to keep the more drastic legislative solutions at bay , but because if people believe they cannot get justice ...
... problems by creating another . But I must say to all the tribal representatives here we must address these issues . Not just to keep the more drastic legislative solutions at bay , but because if people believe they cannot get justice ...
Page 29
... problems can be resolved at the local level and that in point of fact only very rarely is any Fed- eral approval of that sort of thing required . So there is some ques- tion about the need for specific authorization to complete these ...
... problems can be resolved at the local level and that in point of fact only very rarely is any Fed- eral approval of that sort of thing required . So there is some ques- tion about the need for specific authorization to complete these ...
Page 30
... problems . We think , obviously , that persons in- jured by the tortious conduct of a tribal government need to be ... problem . There have been two excellent studies conducted under contracts awarded by the Department of Health and ...
... problems . We think , obviously , that persons in- jured by the tortious conduct of a tribal government need to be ... problem . There have been two excellent studies conducted under contracts awarded by the Department of Health and ...
Page 31
... problems and to avoid litigation , if possible , in the courts . We also have a roster of more than 1,500 arbitrators who are pri- vate citizens who render awards in contract formation and inter- pretation disputes . I don't want to say ...
... problems and to avoid litigation , if possible , in the courts . We also have a roster of more than 1,500 arbitrators who are pri- vate citizens who render awards in contract formation and inter- pretation disputes . I don't want to say ...
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Common terms and phrases
1996 Regulations activities agreement or compact alternative dispute resolution Amendments Apesanahkwat Ben Nighthorse Campbell bill Center for Health Chairman claimant clients Committee Congress contract contractors and compactors cost covered decision determination develop duplicative Education Assistance Act Federal agency Federal employees Federal government Federal Tort Claims filed FMCS FTCA claims FTCA coverage George Washington University health centers Health Policy Research IBIA Indian Affairs Indian Self-Determination Indian tribes individual injury insurance companies intergovernmental Interior involved issues jurisdiction legislation liability coverage litigation medical malpractice Native American negotiations non-Indian Office panel parties premiums private liability insurance problems procedures programs purchase retail taxes Risk Management Act Secretary Self-Determination and Education self-determination contractors Senator GORTON Title Tort Claims Act tort liability tribal clinic tribal contractors tribal court tribal governments tribal organizations tribal representatives tribal sovereign immunity tribe or tribal tribes and tribal U.S. Attorney United Ute Tribes Washington
Popular passages
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 210 - ... based upon the exercise or performance or the failure to exercise or perform a discretionary functi'on or duty on the part of a federal agency or an employee of the Goverr., ment, 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.