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Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.
A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.
This dissertation is a case study of the Isleta Pueblos of central New Mexico, the Quapaw tribe of northeast Oklahoma, and the Osage Nation of northcentral Oklahoma, and their relationship with the federal government, and specifically the Environmental Protection Agency. As one of the youngest federal agencies, operating during the Self-Determination Era, it seems the EPA would be open to new approaches in federal Indian policy. In reality, the EPA has not reacted much differently than any other historical agency of the federal government. The EPA has rarely recognized the ability of Indians to take care of their own environmental problems. The EPA's unwillingness to recognize tribal sovereignty was no where clearer than in 2005, when Republican Senator James Inhof of Oklahoma added a rider to his transportation bill that made it illegal in Oklahoma for tribes to gain primary control over their environmental protection programs without first negotiating with, and gaining permission of, the state government of Oklahoma. The rider was an erosion of the federal trust relationship with American Indian tribes (as tribes do not need to heed state laws over federal laws) and an attack on native ability to judge tribal affairs. Oklahoma's tribes, and Indian leaders from around the nation, worked to get the new law overturned, but the EPA decided to help tribes work within the confines of the new law. Despite the EPA's stance on the new law, the tribes continued to try to fight back, as they had in the past when challenged by paternalistic federal policy. The EPA treated the Quapaws and Isletas in a similar fashion. Thus, the thesis of this study is that the EPA failed to respect the abilities of American Indian nations, as did federal agencies of years before, to manage their own affairs. Historians have largely neglected the role the EPA has played in recent Indian history and are just now beginning to document how deliberate efforts at self-determination have been employed by tribes for centuries in America.
This dissertation presents an analysis of the historic preservation framework on tribal cultural resources management (CRM). It examines some of the challenges this framework poses to tribal governments working on cultural resources protection efforts within a compliance framework. An examination of five major laws that regulate the practice of CRM identifies some of the potential strengths and weaknesses of each law for meeting tribal CRM goals. A discussion of the background of CRM and tribal involvement in CRM efforts is presented in the context of cultural and environmental resources management. An examination of environmental law, specifically the National Environmental Policy Act (NEPA) is examined for its potential to strengthen tribal involvement in NEPA reviews and compliance efforts that impact tribal lands and resources. A discussion of Tribal Environmental Policy Acts, their origin, history, and potential to assist tribal efforts and improve tribal participation and impact analysis in NEPA reviews is presented in the context of cultural resources management. Finally, the potential of a TEPA and TEPA development to assist tribal government efforts in review, assessment, and protection of cultural resources is presented as an additional tool for Tribal CRM that looks beyond historic preservation and includes a holistic treatment of environmental resources as cultural resources.