05262821 Level II Training Book

7/29/20

Wait …. Do federal employment laws apply to Tribes and Tribal Enterprises??

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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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