Invited Written Testimony of Professor Kirsten Matoy Carlson, on H.R. 3744, a Bill to Provide That an Indian Group May Receive Federal Acknowledgment as an Indian Tribe Only by Act of Congress, before the Subcommittee on Indian, Insular, and Alaska Native Affairs, Natural Resources Committee, United States House of Representatives, 115th Congress, September 26, 2017

2017 ◽  
Author(s):  
Kirsten Matoy Carlson
Keyword(s):  
United States ◽  
Natural Resources ◽  
Alaska Native ◽  
House Of Representatives ◽  
Indian Tribe ◽  
Indian Group

EVALUATION OF COMPENSATION FORMULAE TO MEASURE NATURAL RESOURCE DAMAGES1

1993 ◽  
Vol 1993 (1) ◽  
pp. 739-743
Author(s):  
Gordon A. Robilliard ◽  
Marion Fischel ◽  
William H. Desvousges ◽  
Richard W. Dunford ◽  
Kristy Mathews
Keyword(s):  
United States ◽  
Natural Resources ◽  
Natural Resource ◽  
Oil Spills ◽  
Oil Pollution ◽  
The United States ◽  
Assessment Process ◽  
Federal State ◽  
Specific Data ◽  
Indian Tribe

ABSTRACT Most of the oil spills in marine, estuarine, or freshwater environments of the United States are small (less than 1,000 gallons) and result in minimal injury to natural resources or little to no loss of services. However, federal, state, and Indian tribe trustees for natural resources are entitled under a variety of laws, including the Oil Pollution Act of 1990, to collect damages (money) from responsible parties to compensate for the foregone services and restoration of the services provided by the natural resources. Alaska, Washington, and Florida have developed a formula-based approach to calculating natural resource damages resulting from most spills; the federal National Oceanic and Atmospheric Administration and several other states are considering developing a compensation formula. The ideal compensation formula is a simplified assessment process that (a) can be applied rapidly, (b) requires relatively small transaction or assessment costs, (c) requires minimal site- and spill-specific data as inputs, (d) is based on generally accepted scientific and economic principles and methods, and (e) results in damage values acceptable to both the trustees and the responsible party. In theory, a compensation formula could be applied to most small oil spills in United States waters.

Silence of the Land: On the Historical Irrelevance of Territory to Congressional Districting and Political Representation in the United States

2001 ◽  
Vol 15 (01) ◽  
pp. 53-87 ◽  
Author(s):  
Andrew Rehfeld
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Political Representation ◽  
The United States ◽  
Representative Government ◽  
Congressional District ◽  
Congressional Districts ◽  
Communities Of Interest

Every ten years, the United States “constructs” itself politically. On a decennial basis, U.S. Congressional districts are quite literally drawn, physically constructing political representation in the House of Representatives on the basis of where one lives. Why does the United States do it this way? What justifies domicile as the sole criteria of constituency construction? These are the questions raised in this article. Contrary to many contemporary understandings of representation at the founding, I argue that there were no principled reasons for using domicile as the method of organizing for political representation. Even in 1787, the Congressional district was expected to be far too large to map onto existing communities of interest. Instead, territory should be understood as forming a habit of mind for the founders, even while it was necessary to achieve other democratic aims of representative government.

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