American Indian Law Deskbook by Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of

By Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General

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34 Existing alongside the substantial measure of inherent tribal self-governance powers is Congress's plenary power with respect to Indian affairs. As the Supreme Court commented in United States v. 37 As is clear from Worcester, moreover, the power's exercise serves not only to limit the reach of otherwise existing tribal authority but also, by operation of the Supremacy Clause, the reach of 33Compare Reich v. 3d 174 (2d Cir. 1996) (following Coeur d'Alene Tribal Farm and holding tribally owned construction company subject to Occupational Safety and Health Act); United States v.

Tribal Regulation 270 A. Tribal Regulation of On-Reservation Hunting and Fishing by Tribal Members 270 B. Tribal Regulation of Off-Reservation Hunting and Fishing by Tribal Members 271 C. The Relationship Between State Authority and Tribal Authority Over Off-Reservation Activities 272 D. Tribal Regulation of On-Reservation Hunting and Fishing by Nonmembers 273 1. Tribal regulation of nonmembers on trust lands 273 2. Tribal regulation of nonmembers on fee or public lands and waters 274 3. Tribal regulation of nonmembers on navigable waters 275 Chapter 10 Environmental Regulation 276 I.

They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the President as their great father. 7 The "anomalous"8 position of tribes and their members within the federal-state governmental structure established under the Constitution would result in markedly complex legal and policy questions. The "unquestionable, and, heretofore, unquestioned right [of tribes] to the lands they occupy" referred to in Cherokee Nation had been explored eight years earlier in Johnson v.

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