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 29
... experience as a private at- torney over the years , was that 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 ...
... experience as a private at- torney over the years , was that 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 ...
Page 32
... experience looking at such issues as tribal self - deter- mination , self - governance , housing and other issues . And what we've seen is that through negotiations first and then facilitation tribal leaders , concerned parties and ...
... experience looking at such issues as tribal self - deter- mination , self - governance , housing and other issues . And what we've seen is that through negotiations first and then facilitation tribal leaders , concerned parties and ...
Page 33
... experience is that negotiated settlements can be effective tools and are good ways to form partnerships . With respect to certain comments on this particular bill , I think the main concern I would see from the State's standpoint is ...
... experience is that negotiated settlements can be effective tools and are good ways to form partnerships . With respect to certain comments on this particular bill , I think the main concern I would see from the State's standpoint is ...
Page 43
... experience , Mr. Frank , you would be in favor of including the Federal agency as part of the law ? Mr. FRANK . Yes ; we need everybody's help . Senator INOUYE . Thank you . The CHAIRMAN . Senator Gorton . Senator GORTON . Billy , you ...
... experience , Mr. Frank , you would be in favor of including the Federal agency as part of the law ? Mr. FRANK . Yes ; we need everybody's help . Senator INOUYE . Thank you . The CHAIRMAN . Senator Gorton . Senator GORTON . Billy , you ...
Page 46
... experience , again , in representing tribes in the private sector was that , as you point out , there's a wide disparity in these poli- cies , and quite often I thought that tribes were being taken advan- tage of by insurers because ...
... experience , again , in representing tribes in the private sector was that , as you point out , there's a wide disparity in these poli- cies , and quite often I thought that tribes were being taken advan- tage of by insurers because ...
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Common terms and phrases
1996 Regulations activities alternative dispute resolution Amendments Apesanahkwat Ben Nighthorse Campbell bill Center for Health Chairman claimant clients Committee Congress contract contractors and compactors cost covered decision Department of Justice determination develop duplicative Federal agency Federal employees Federal government Federal Tort Claims filed FMCS FTCA claims FTCA coverage George Washington University Health and Human 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 resolve retail taxes Risk Management Act Secretary 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 waive Washington
Popular passages
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...