Are there any legal protections for tribal lands in land use law?
Yes, North Dakota does provide legal protections for tribal lands through its land use laws. The state recognizes the sovereign status of tribal governments and, as such, allows them to enforce land use laws on their own lands. This includes, but is not limited to, regulations concerning air quality, water quality, and zoning. These laws are usually enforced through a local tribal court. Tribal lands are further protected through the United States Constitution, which provides that Indian reservations remain "set apart and secured," and that they can only be altered or diminished "by Congress," not by North Dakota. This means that any changes to tribal lands must go through the federal government before they can be implemented. On top of this, North Dakota also has a number of laws that have been passed to provide specific rights and protections for tribes. These include a tribal trust fund, a tribal casino compact, and programs that provide elders and veterans with housing and health care. Overall, North Dakota provides extensive legal protections for tribal lands in its land use laws, and these laws help to ensure that these lands remain secure and protected.
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