The Tribal Leasing Regime
The Tribal Leasing Regime
If the Prologue presents the specific action that altered the state of reservation resource development, this first chapter explains how we got there. Opening with the federal government’s warm embrace of the first energy proposals to the Northern Cheyenne tribe in the 1960s, the chapter describes the legal regime that placed federal, not tribal, officials in charge of reservation development. Tracking the ideological underpinnings of these laws back to the 1930s, it shows that while John Collier’s Indian New Deal ended the worst of federal Indian policies – such as allotment and forced assimilation – paternalistic assumptions of Indian inferiority remained in federal law. Further, the chapter demonstrates how laws governing reservation development were patterned off a dysfunctional legal regime used for leasing public minerals, which allowed energy companies to acquire vast amounts of resources on the cheap. Little of this, of course, was known to Cheyenne leaders in the 1960s, who collaborated with federal officials to secure the largest and most lucrative energy contracts possible.
Keywords: Indian New Deal, Indian Mineral Leasing Act, Mineral Leasing Act of 1920, John Collier, Felix Cohen, Northern Cheyenne tribe, John Woodenlegs
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