Treaties with American Indian tribes played a central role in the development of the United States. While the "treaty era" of federal American Indian policy ended in the 1870s, the treaties themselves, the legal rights they convey, and the tribal governments entitled to exercise those rights all remain important and vital parts of the American legal landscape today.
NCHRP Legal Research Digest 94: Effects of American Indian Treaties on Development and Operation of Transportation Facilities, from TRB's National Cooperative Highway Research Program, notes that treaty obligations cannot be altered, nor reservations diminished, without express congressional authorization. That principle, in turn, raises important questions explored in this digest about planning, development, and operation of transportation infrastructure that crosses lands reserved by treaty.
National Academies of Sciences, Engineering, and Medicine. 2024. Effects of American Indian Treaties on Development and Operation of Transportation Facilities. Washington, DC: The National Academies Press.
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