本文所用“财产”一词,包括不动产和动产。
国家主权财产权
Section § 185
这项法律允许加利福尼亚州州长正式将州政府拥有的土地或地役权转让给联邦政府。这种情况发生在立法机关决定将这些权利授予美国,用于开展旨在帮助改善本州居民经济的公共工程或项目时。
州长土地转让 州土地转让 美国地役权
Section § 186
这项法律允许美国原住民,特别是那些祖先来自克拉马斯河和特里尼蒂河附近地区的原住民,在加利福尼亚州的公共土地上进行传统活动。他们可以采集橡子、浆果和鱼类等自然资源,以及用于文化礼服和手工艺品(如编织篮子和石工)的材料。这些活动必须符合渔猎委员会的规定,并且出于仪式目的的捕鱼和狩猎需要许可证。在公共土地内运输这些材料是合法的。
(a)CA 政府 Code § 186(a) As used in succeeding subdivisions of this section “public domain” refers to such portion of the public domain of the State of California as is contiguous to the portion of the Klamath River between the mouth of the river and Katamin Rancheria and such portion of the public domain of the State of California as is contiguous to the portion of the Trinity River between the junction of the Klamath and Trinity Rivers and the junction of the Trinity and South Fork Rivers.
(b)CA 政府 Code § 186(b) As used in this section “Indians” refers to those persons listed on the California Indian Roll whose Indian ancestors
originated in the area adjacent to the two stretches of river described in subdivision (a).
(c)CA 政府 Code § 186(c) Every Indian may, on the public domain, in the practice of Indian culture, engage in the following activities:
(i)CA 政府 Code § 186(c)(i) Gather acorns, berries, mushrooms, fruits, insects, seaweed, fish, and other natural foods, materials for regalia and ceremonial purposes and for traditional Indian activities such as making baskets, boatmaking, stoneworking, woodworking, and making of nets, such as roots, reeds, bark, wood, skins, feathers, shells, seeds, nuts, grasses, stones, bones, dyestuffs, plants, sticks, and leaves;
(ii)CA 政府 Code § 186(c)(ii) Engage in traditional activities, including religious dances and ceremonies, and the making of baskets and woodworking, making of costumes, and other handicrafts.
(d)CA 政府 Code § 186(d) Transportation to or from any area of the public domain or between different areas of the public domain of material possession of which, pursuant to the foregoing provisions of this section, is permitted on the public domain, shall not be unlawful.
(e)CA 政府 Code § 186(e) Indians taking fish and game under this section shall do so in accordance with the rules and regulations of the Fish and Game Commission and under permit issued by the Department of Fish and Game. The commission may adopt rules and regulations and impose conditions on the issuance of such permits which shall limit the taking of fish and game to taking for ceremonial purposes in such manner as the commission deems proper.
克拉马斯河 特里尼蒂河 加利福尼亚印第安人名册