Cohen\u27s Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the   bible   of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure.
This compact publication is the only comprehensive treatise explicating one of the most difficult areas of federal law. Used by judges as well as practitioners, this publication provides the tools to understand the law and to find relevant cases, statutes, regulations, and opinions critical to answering legal questions about federal Indian law. This updated edition remains the definitive guide to federal Indian law.https://digitalrepository.unm.edu/law_facbookdisplay/1064/thumbnail.jp

Bobroff, Kenneth

Creel, Barbara L

LaVelle, John

Valencia-Weber, Gloria

Washburn, Kevin

Zuni Cruz, Christine

English

University of New Mexico

Faculty Book Display Case School of Law
2005
Cohen's Handbook of Federal Indian Law
Barbara L. Creel
University of New Mexico - School of Law, creel@law.unm.edu
Gloria Valencia-Weber
University of New Mexico - School of Law, valenciaweber@law.unm.edu
Christine Zuni Cruz
University of New Mexico - School of Law, zunicruz@law.unm.edu
Kenneth Bobroff
University of New Mexico - School of Law, kipbobroff@gmail.com
Kevin Washburn
University of New Mexico - School of Law, washburn@law.unm.edu
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Authors
Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, and John
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COHEN'S 
HANDBOOK OF 
FEDERAL INDIAN 
LAW .· 
2005 EDITION 
.
™ 
LexisNexis™
Matthew Bender• 
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iii 
· Robert T. Anderson
Cohen's 
Handbook of 
Federal Indian Law 
2005 Edition 
Board of Authors and Editors 
Editor-in-Chief 
Nell Jessup Newton 
Dean and Professor of Law 
University of Connecticut School of Law 
Executive Editors 
Judith V. Royster 
Assistant Professor of Law and Director,
Native American Law Center
Professor of Law and Co-Director, Native 
American Law Center 
University of Washington School of Law
Carole E. Goldberg
Professor of Law & Director, Joint Degree
Program in Law and American Indian
Studies
UCLA School of Law
John P. LaVelle
Professor of Law
University of New Mexico School of Law
University of Tulsa College of Law 
Joseph William Singer 
Professor of Law 
Harvard Law School 
Rennard Strickland 
Philip Knight Professor of Law 
University of Oregon School of Law 
Associate Editor 
Bethany R. Berger 
Assistant Professor of Law 
Wayne State University Law School 
Contributing Authors 
Kenneth Bobroff 
Professor of Law 
University of California, Hastings College 
of the Law 
University of New Mexico School of Law 
Gavin Clarkson 
Assistant Professor 
University of Michigan School of 
Information, School of Law, and Native 
American Studies 
Jo Carrillo 
Professor of Law 
V 
Richard B. Collins 
Professor of Law 
University of Colorado School of Law 
Barbara L. Creel 
Assistant Federal Public Defender 
Portland, Oregon 
N. Bruce Duthu
Professor of Law 
Vermont Law School 
Philip P. Frickey 
Richard W. Jennings Professor of Law 
University of California at Berkeley School 
of Law (Boalt Hall) 
David Getches 
Dean and Raphael J. Moses Professor of 
Natural Resources Law 
University of Colorado School of Law 
Lorie M. Graham 
Associate Professor of Law 
Suffolk University Law School 
Sarah Krakoff 
Associate Professor of Law 
University of Colorado School of Law 
Robert Laurence 
Robert A. Leflar Distinguished Professor of 
Law 
University of Arkansas, Fayetteville School 
of Law 
Stacy Leeds 
Associate Professor of Law 
University of Kansas School of Law 
Vicki J. Limas 
Professor of Law, Associate Dean of 
Students, and Co-Director, Native American 
Law Center 
University of Tulsa College of Law 
Melody MacKenzie 
Assistant Professor & Director, Center for 
Excellence in Native Hawaiian Law 
University of Hawaii Richardson School of 
Law 
Richard Monette 
Associate Professor of Law and Director, 
Great Lakes Indian Law Center 
University of Wisconsin Law School 
Valerie J. Phillips 
Assistant Professor of Law 
University of Tulsa College of Law 
Frank Pommersheim 
Professor of Law 
University of South Dakota School of Law 
VI 
G. William Rice
Associate Professor of Law and Co­
Director, Native American Law Center
University of Tulsa College of Law
Lindsay G. Robertson 
Orpha and Maurice Merrill Professor of 
Law & Faculty Director, Center for the 
Study of American Indian Law and Policy 
University of Oklahoma College of Law 
Pat Sekaquaptewa 
Lecturer in Law & American Indian Studies 
& Director, Native Nations Law & Policy 
Center 
UCLA School of Law 
Alex Tallchief Skibine 
S.J. Quinney Professor of Law 
University of Utah S.J. Quinney College of 
Law 
Dean Suagee 
Of Counsel 
Hobbs, Straus, Dean & Walker, LLP 
Melissa L. Tatum 
Professor of Law and Co-Director, Native 
American Law Center 
University of Tulsa College of Law 
Gloria Valencia-Weber 
Henry Weihofen Professor of Law 
University of New Mexico School of Law 
Kevin Washburn 
Associate Professor of Law 
University of Minnesota Law School 
Mary Christina Wood 
Professor of Law and Dean's Distinguished 
Faculty Fellow 
University of Oregon School of Law 
Kevin J Worthen 
Dean and Professor of Law 
J. Reuben Clark Law School, Brigham
Young University
Christine Zuni Cruz 
Professor of Law 
University of New Mexico School of Law 
Dedication 
To LUCY KRAMER COHEN (1907-) 
For her contributions to the first edition of this work and her constant support 
of the project. 
vii 
TABLE OF CONTENTS 
WHAT IS FEDERAL INDIAN LAW? 
CHAPTER 1 HISTORY & BACKGROUND OF FEDERAL 
INDIAN POLICY 
§ 1.01 Why History Matters
§ 1.02 Post-Contact and Pre-Constitutional Development (1492-1789)
§ 1.03 The Formative Years (1789-1871)
§ 1.04 Allotment and Assimilation (1871-1928)
§ 1.05 Indian Reorganization (1928-1942)
§ 1.06 Termination (1943-1961)
§ 1.07 Self-Determination and Self-Governance (1961-present)
CHAPTER 2 PRINCIPLES OF INTERPRETATION 
§ 2.01 The Field of Federal Indian Law
§ 2.02 Canons of Construction
§ 2.03 Federal Laws of General Applicability
CHAPTER 3 INDIAN TRIBES, INDIANS, AND INDIAN 
COUNTRY 
§ 3.01 The Primary Definitions of Indian Law
§ 3.02 Definition of Tribe
§ 3.03 Definition of Indian
§ 3.04 Indian Country
CHAPTER 4 INDIAN TRIBAL GOVERNMENTS 
§ 4.01 Inherent Tribal Sovereignty
§ 4.02 Federally Imposed Limitations on Tribal Powers
§ 4.03 Congressional Authorization of Tribal Powers
§ 4.04 Tribal Governments
§ 4.05 Tribal Law
§ 4.06 Tribal Voting Rights and Election Law
§ 4.07 Specific Native Groups
CHAPTER 5 TRIBAL/FEDERAL RELATIONSHIP 
§ 5.01 Sources of Federal Power Over Indians
§ 5.02 Scope of Federal Authority over Indian Affairs
§ 5.03 The Role and Power of the Bureau of Indian Affairs
xxxiii 
TABLE OF CONTENTS 
§ 5.04 Limitations on Federal Power
§ 5.05 Enforcement of the Federal-Indian Trust Against the Executive
§ 5.06 Indian Claims Against the United States
§ 5.07 The Role of International Law
CHAPTER 6 TRIBAL/STATE RELATIONSHIP 
§ 6.01 General Principles Regarding Tribal and State Authority Over
Indian Affairs 
§ 6.02 Tribal Governing Power
§ 6.03 State Governing Power in the Absence of Federal Authorization
§ 6.04 State Jurisdiction Through Federal Authorization
§ 6.05 Tribal-State Cooperative Agreements
CHAPTER 7 CIVIL JURISDICTION 
§ 7.01 Relation Between Legislative and Adjudicative Jurisdiction
§ 7 .02 Tribal Jurisdiction
§ 7 .03 State Jurisdiction
§ 7 .04 Federal Jurisdiction
§ 7�-05 Sovereign Immunity
§ 7 .06 Choice of Law
§ 7 .07 Enforcement of Judgments
CHAPTER 8 TAXATION 
§ 8.01 Introduction
§ 8.02 Federal Taxes
§ 8.03 State Taxes
§ 8.04 Tribal Taxes
§ 8.05 The Problem of Multiple Tribal and State Taxation
§ 8.06 Status of Persons or Entities Taxed
CHAPTER 9 CRIMINAL JURISDICTION 
§ 9.01 Introduction
§ 9.02 Federal Adjudicative Jurisdiction
§ 9.03 State Jurisdiction
§ 9.04 Tribal Jurisdiction
§ 9.05 Double Jeopardy
xxxiv 
TABLE OF CONTENTS 
§ 9.06 Establishing Locus/Conduct Occurring Both Inside and Outside of
Indian Country 
§ 9.07 Authority of Law Enforcement Officers
§ 9.08 Extradition
§ 9.09 Punishment, Incarceration, and Writ of Habeas Corpus
CHAPTER 10 ENVIRONMENTAL REGULATION IN INDIAN 
COUNTRY 
§ 10.01 Sources of Environmental Authority in Indian Country
§ 10.02 Tribes as Primary Regulators under Federal Statutes
§ 10.03 Federal Pollution Control Regulations
§ 10.04 Federal Regulation of Wastes and Hazardous Materials
§ 10.05 Federal Environmental Response and Remediation Statutes
§ 10.06 Enforcement of Environmental Laws
§ 10.07 Federal Environmental Assistance to Tribes
§ 10.08 Environmental Impact Assessment
CHAPTER 11 INDIAN CHILD WELFARE ACT 
§ 11.01 Legislative History and Purpose
§ 11.02 The Scope of ICW A: Threshold Requirements
§ 11.03 Jurisdiction and Enforcement of Judgments
§ 11.04 Procedural Protections in State Court
§ 11.05 Substantive Rights of the Child, Tribe, and Parent
§ 11.06 Constitutionality of the Indian Child Welfare Act
§ 11.07 The Existing Indian Family Doctrine
§ 11.08 Relation of ICW A to the Adoption and Safe Families Act of
1997 
CHAPTER 12 INDIAN GAMING 
§ 12.01 The Emergence of Gaming
§ 12.02 The Indian Gaming Regulatory Act
§ 12.03 Classes of Gaming
§ 12.04 Land Available for Gaming
§ 12.05 Tribal-State Compacts
§ 12.06 Remedies for Refusal to Bargain in Good Faith
§ 12.07 Other Remedies
XXXV 
TABLE OF CONTENTS 
CHAPTER 13 FEDERAL INDIAN LIQUOR LAWS 
§ 13.01 Federal Statutory Scheme
§ 13.02 State and Tribal Authority
CHAPTER 14 CIVIL RIGHTS 
§ 14.01 Citizenship
§ 14.02 Rights of Indians as United States Citizens and Residents of the
States 
§ 14.03 Federal Constitutional Rights of Individual Indians
§ 14.04 Civil Rights of Persons Under Tribal Authority
CHAPTER 15 TRIBAL PROPERTY 
§ 15.01 The Importance of the Indian Land Base in Preserving Tribal
Existence and Sovereignty 
§ 15.02 Tribal Property
§ 15.03 Trust Status
§ 15.04 Forms of Tribal Property
§ 15.05 Territorial Scope
§ 15.06 Federal Restraint on Alienation
§ 15.07 Land Acquisition and Consolidation
§ 15.08 Protection of Tribal Property against Unauthorized Use
§ 15.09 Extinguishment and Taking
§ 15 .10 Tribal Personal Property
CHAPTER 16 INDIVIDUAL INDIAN PROPERTY 
§ 16.01 Individual Interests in Tribal Property
§ 16.02 Individual Original Indian Title
§ 16.03 Allotments
§ 16.04 Trust Personalty
§ 16.05 Inheritance, Wills, and Probate
CHAPTER 17 NATURAL RESOURCES 
§ 17.01 Tribal Control of Natural Resources
§ 17.02 Surface Uses
§ 17 .03 Mineral Resources
xxxvi 
TABLE OF CONTENTS 
§ 17.04 Forest Resources
CHAPTER 18 HUNTING, FISHING, AND GATHERING 
RIGHTS 
§ 18.01 Aboriginal Hunting, Fishing, and Gathering Rights
§ 18.02 Origin of Reserved Hunting, Fishing, and Gathering Rights
§ 18.03 On-Reservation Indian Hunting, Fishing, and Gathering Rights
§ 18.04 Off-Reservation Hunting, Fishing, and Gathering Rights
§ 18.05 The Effect of International Agreements
§ 18.06 Regulation of Nonmember Activities in Indian Country
§ 18.07 Termination and Abrogation of Hunting, Fishing, and Gathering
Rights 
§ 18.08 Cooperative Agreements, Compacts, and Comanagement
CHAPTER 19 WATER RIGHTS 
§ 19.01 Relation between Indian and State Water-Law Systems
§ 19.02 Sources of Indian Water Rights
§ 19.03 The Reserved Rights Doctrine
§ 19.04 Regulation of Water Rights
§ 19.05 Determination of Water Rights
§ 19.06 Federal Protection of Indian Water Rights
CHAPTER 20 TRIBAL CULTURAL RESOURCES 
§ 20.01 Nature and Ownership of Indian Cultural Resources
§ 20.02 Protection and Repatriation of Cultural Resources
CHAPTER 21 ECONOMIC DEVELOPMENT 
§ 21.01 Tribal Economic Development
§ 21.02 The Legal Dimensions of Development
§ 21.03 Tribal Finance
§ 21.04 Government Programs to Promote Development
CHAPTER 22 GOVERNMENT SERVICES FOR INDIANS 
§ 22.01 Introduction
§ 22.02 Indian Self-Determination and Education Assistance Act: P.L. 93-
638 
xxxvii 
§ 22.03 Education
§ 22.04 Health Care
§ 22.05 Housing
TA1;3LE OF CONTENTS 
§ 22.06 Social Services and Financial Assistance
§ 22.07 Support for Tribal Justice Systems and Legal Services
TABLE OF CASES
TABLE OF STATUTES
INDEX
xxxviii 


Cohen\u27s Handbook of Federal Indian Law

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