Legal Problems Arising out of Highway Programs. Topic 26-01. Effects of Indian Treaties on Development and Operation of Transportation Facilities

The objective of this research is to produce a legal research digest that addresses the following questions: (1) How do state departments of transportation (DOTs) perform due diligence to research the existence of Indian treaties that may still be in force that could affect development and operation of transportation facilities? The treaties that would be the subject of this research would not be limited to fishing rights. (2) How would the treaties that may still be in force from many years ago be related to the federally recognized Indian tribes of today? (3) If there are such treaties, how could they be interpreted to affect transportation facilities? (4) What would the administrative mechanism be (Tribal Consultation, litigation, etc.) for resolution of treaty rights against developers and operators of transportation facilities? Applicable case law and statutes relating to enforcement of Indian treaty rights should be included in the final deliverable. A survey of state DOTs and other transportation authorities would be necessary to identify existing practices and experiences.

• Record URL:
  http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=5242

Language

• English

Project

• Status: Active
• Funding: $99974
• Contract Numbers:

  Project 20-06, Topic 26-01

• Sponsor Organizations:

  National Cooperative Highway Research Program

  Transportation Research Board
  500 Fifth Street, NW
  Washington, DC  United States  20001

  American Association of State Highway and Transportation Officials (AASHTO)

  444 North Capitol Street, NW
  Washington, DC  United States  20001

  Federal Highway Administration

  1200 New Jersey Avenue, SE
  Washington, DC  United States  20590
• Project Managers:

  Chisholm-Smith, Gwen

• Performing Organizations:

  Kaplan Kirsch & Rockwell

  ,    
• Principal Investigators:

  Adams, Matthew

• Start Date: 20220627
• Expected Completion Date: 20230826
• Actual Completion Date: 0

Subject/Index Terms

• TRT Terms: Legal factors; Litigation; Native Americans; State departments of transportation; Transportation, hydraulic and utility facilities; Treaties; Tribal government
• Subject Areas: Highways; Law; Society; Terminals and Facilities;

Filing Info

• Accession Number: 01787235
• Record Type: Research project
• Source Agency: Transportation Research Board
• Contract Numbers: Project 20-06, Topic 26-01
• Files: TRB, RIP
• Created Date: Nov 2 2021 3:15PM