11/29/22
The General Rule
• General statutes by their own terms “applying to all persons includes Indian tribes and their “property interests”. • Federal Power Commission v. Tuscarora Indian Nation, 362 US 99 (1960). • Exceptions: • Intramural matters – application would impose on exclusive rights of self-governance • Application of the law would abrogate treaty rights • Congressional intent that law does not apply • Donovan v. Coeur d’Alene Tribal Farms, 751 F.2d 1113, 1116 (9 th Cir. 1985)
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• What does the statute say? • If it says it applies … it applies • If it says tribes are exempt, tribes are exempt • What if it’s silent? • Does the tribe/entity meet the criteria outlined in statute? • If yes, likely to apply • If no, argument that the statute doesn’t apply • What are the Facts? • Do one of the exceptions apply? • Intramural matter • Interfere in treaty rights • Congressional intent that it doesn’t apply
Ask ….
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