The regulation of mining activities also fits within Congress has enacted a series of laws, beginning sources. This trust responsibility has resources. Tribe-Specific Factors Each tribe has a unique basis for exercising its governmental authority. These differences produce variations among tribal regulatory activities. 41 For example: The land and resources promised in treaties, ex- All tribal regulatory programs will derive their BIA is responsible for the economic, environmental, and other terms of the agreement (e.g., lease); GS is responsible for inspections and enforcing the development stipulations. 4-8 Tribes may be expected The formal "checks and balances" among tribal of- The grant of authority The following two sections present a summary perspective on the organization and administration of the governments of the coal-owning tribes participating in this study. More detailed individual reports on the governments of the major coal-owning tribes are included in CERT's Tribal Governmental Organization (April 1979). TRIBAL GOVERNMENT ORGANIZATION The evolution of tribal governments began long before the inception of the American political system. Tribes differed widely in their approaches to self-governance. At one end of the spectrum, it is noteworthy that the "Five Nations" of Iroquois adopted a formal Constitution before the Continent was discovered by Columbus. They established such principles as intiative, recall, referendum, equal suffrage, and the accountability of the government to both present and future generations. The Plains tribes have been characterized by one specialist as 5/ 5/ Cohen, Felix. op. cit. p. 128. 4-9 being "democratic, one-man-one-vote societies" that emphasized "agreement by concensus, inhibition against speaking or acting for another, and a justice system that [made] the well-being of the group more imporOn the other tant than retribution against the erring individual."/ hand, many of the southwestern tribal organizations are based on theocratic customs, rituals and oral traditions, with key decisions ren dered by religious elders of the tribe.7/ For Since the time that they negotiated treaties with the U.S., tribal governments have changed in response response to changing circumstances. example, many tribal systems were altered when they were moved to reservations that could not support their way of life. In some cases, the reservations were shared by more than one tribe, thus forcing a merger of different traditions. The Allotment Act and the Homesteading Acts weakened some tribal governments by reducing their land and resource base; by replacing the Indian concept of community property with that of individual ownership, and by increasing the population of non-Indian residents on the reservation. Similarly, the Indian Reorganization Act spurred the adoption of Constitutions and By-Laws based on American models of government. Consequently, present-day tribal governments reflect each tribe's unique approach to accommodate these forces within their traditional framework. 6/ 7/ McNickle, D'Arcy. Act: "Tribal Government and the Indian Reorganization Government by Consent." in Tribal Constitutions: Their Their Future, ed. by James J. Lopach, Margery H. H. Brown, Kathleen Jackson. Missoula: University of Montana Press, August 1978, p. 11. Sekaquaptewa, Abbott. "What is Good Tribal Government?" in Tribal rent The following materials summarize certain key aspects of the cur organizational structure of the twenty-five tribal governments participating in this study. (See Table 4-1). The discussion includes background information on the following characteristics: (1) the establishment of reservations; (2) the formal basis of the government (e.g., Constitutions or similar "organic" documents); (3) the authorities that may be exercised by the government; and (4) the structure of the government (e.g., governing bodies and officials). organizations." The following discussion should be viewed with two caveats. First, few generalizations can be made with accuracy about "tribal government Each one is unique, and should be analyzed on an individual basis (See the full report on Tribal Governmental Organizations for more complete profiles). And second, these materials should not be construed as a legal interpretation of tribal government powers or procedures. Such analysis can only be done on a tribe-by-tribe basis by qualified attorneys. Reservation Establishment One precondition to self-government is a geographic base to support the livelihood of the the people. The principles of Indian territorial rights date back to the original treaties between tribes and the colonial governments. Since that time, the land and resources reserved for tribes have been defined and modified by a series of treaty revisions, executive orders, statutes, and acquisitions. Continent. Early treaties recognized Indian claims to the territory of the Declarations regarding "Indian Country" respected tribal sovereignty within those areas. However, after the colonial wars ended, the American sentiment was that the Indians would be absorbed into the general population. |