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.

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U.S. Government Printing Office, 1999 - 348 pages
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Page 268 - 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 220 - 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 320 - 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 315 - Act shall be construed as — 25 use 45dn. (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people. TITLE II— THE INDIAN EDUCATION ASSISTANCE ACT SEC.
Page 29 - ASSISTANT SECRETARY FOR INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, WASHINGTON, DC Mr.
Page 320 - ... 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. The United States continues to work with Indian tribes on a governmentto-government basis to address issues concerning Indian tribal self-government, trust resources, and Indian tribal treaty and other rights.
Page 236 - If no other insurer defends, we will undertake to do so, but we will be entitled to all the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1 ) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining...
Page 315 - That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe's sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe's sovereign immunity outside or beyond...
Page 120 - Karehroer which represents Indian tribes, tribal organizations, and tribal business enterprises throughout the United states. Recently, I was employed by George Washington University as a consultant to work on their study entitled "Assessment of Access to Private Liability Insurance for Tribes and Tribal Organizations with Self -Determination Contracts/Compacts.
Page 154 - ... 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...

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