[Vision2020] Just a topic for discussion..........."Megaloads"

[Rosemary Huskey]

Perhaps some of the attorneys who read V2020 can comment on the scope of
tribal sovereignty on reservations (and other lands under tribal
jurisdiction).  In the meantime, I assume based on the Treaties of 1855 and
1863 that tribal sovereignty, within reservation boundaries trumps corporate
greed to transport environmentally destructive equipment.  Perhaps, the
comments below might be applicable.

"What is the relationship between the tribes and the individual states?

Because the Constitution vested the Legislative Branch with plenary power
over Indian Affairs, states have no authority over tribal governments unless
expressly authorized by Congress. While federally recognized tribes
generally are not subordinate to states, they can have a
government-to-government relationship with these other sovereigns, as well. 

Furthermore, federally recognized tribes possess both the right and the
authority to regulate activities on their lands independently from state
government control.  They can enact and enforce stricter or more lenient
laws and regulations than those of the surrounding or neighboring state(s)
wherein they are located. Yet, tribes frequently collaborate and cooperate
with states through compacts or other agreements on matters of mutual
concern such as environmental protection and law enforcement."   

http://www.bia.gov/FAQs

Rose Huskey
PS  I really, really hate to use the BIA (given their record with Native
people) as a source - but I didn't have time to check out case law - not
that it would have bestowed a clear understanding of the reasoning
regardless of the outcome.

-----Original Message-----
From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Wayne Price
Sent: Tuesday, August 06, 2013 3:57 PM
To: Moscow Vision 2020
Subject: [Vision2020] Just a topic for discussion..........."Megaloads"

OK, I think I have a grasp of the issues involving  US 12 and the
"megaloads". 

Now, my question is, if anyone knows, is how much money does the tribe and
the US Forest Service kick in for the design and maintenance specifically of
US  12, that they should have "veto" power over the state for what travels
on a  state highway?


Wayne




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