Legal Problems Arising out of Highway Programs. Topic 26-01. Effects of Indian Treaties on Development and Operation of Transportation Facilities
| 项目名称： | Legal Problems Arising out of Highway Programs. Topic 26-01. Effects of Indian Treaties on Development and Operation of Transportation Facilities |
| 摘要： | 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. |
| 状态： | Proposed |
| 资金： | 100000 |
| 资助组织： | National Cooperative Highway Research Program；American Association of State Highway and Transportation Officials (AASHTO)；Federal Highway Administration |
| 项目负责人： | Chisholm-Smith, Gwen |
| 开始时间： | 20220815 |
| 主题领域： | Highways；Law；Society；Terminals and Facilities |
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