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TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest (LRD) 76 examines the intersection of transportation law and Indian law as it relates to federal, state, and local transportation agencies. The LRD provides background information on Indians, tribes, and the history of the federal government's Indian policy and Indian law and explores jurisdiction in Indian country beginning with three basic concepts (inherent tribal sovereignty, Indians and tribal membership, and Indian country). The LRD examines basic terms for land ownership on reservations and in Indian country more generally; provides an overview of criminal jurisdiction in Indian country; explores the law related to reservation boundary disputes; the fee-to-trust process and reservation proclamations; state sovereign immunity in suits involving Indian tribes; contracting with Indian tribes and tribal entities; acquisitions of Indian lands for public transportation purposes; and federal highway and transit programs involving Indian tribes. In addition, the LRD explores planning and project development activities, construction activities, and operation and maintenance of highways in Indian country followed by a final section on government-to-government cooperation between states and Indian tribes.
At head of title: National Cooperative Highway Research Program.
In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.
Federal laws and regulations affect transportation agencies in their business practices, construction of facilities, hiring, and services provided to the public. TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 77: Update of Selected Studies in Transportation Law, Volume 8, Section 1: Civil Rights and Transportation Agencies is designed to help state highway departments and transportation agencies keep abreast of operating practices and legal elements of specific problems in highway law. The digest covers civil rights and transportation agencies, transportation and the United States Constitution, Indian transportation law, and motor vehicle law.
Forming the 23rd addition to a successful series, this book contains papers presented by an extensive selection of international delegates at the 23rd International Conference on Urban Transport and the Environment. Due to its continued success and multiplicity of topics, the series is considered to be a leading source of new research in the area of transport engineering. Transportation in urban areas, with its related environmental and social impacts, is of significant concern for government policymakers and for the urban citizens who need efficient transport systems. Extensive reviews of these systems are required to devise and then safeguard their operational use, maintenance, safety and security. The continuing requirement for better and more efficient urban transport systems and the need for a healthier environment has added to the increasing international desire for new technologies and developments in this essential field. The variety of topics covered reflects the complex interaction of urban transport systems with their environment and the need to establish integrated strategies. These topics include: Public transport systems; Urban transport planning and management; Environmental impact; Economic and social impact; Safety and security; Transportation modelling and simulation; Intelligent and advanced transport systems; City logistics; Inter-modal transport systems; Mass transport strategies; Freight transport; Railway systems; Port and city; Mobility and public space; Innovative electric transportation; Eco-mobility transport systems; Integrated network systems; Traditional and alternative fuels and energy; Public policies and governance.