Consulting with Tribes for Off-Reservation Projects
Dean B. Suagee | Summer 2010
Renewable energy projects are springing up all over. If we are going to have any hope of reducing greenhouse gas emissions on the scale needed to avoid the more catastrophic effects of global climate change, we need a real commitment to energy efficiency, and we also need to ramp up our use of renewable energy. We have reason to believe that renewable energy and energy efficiency can provide more employment opportunities than continued reliance on fossil fuels and other conventional energy resources. What’s not to like?
Air Program Options for Tribes in the Pacific Northwest
Richard G. McAllister | Spring 2009
The Clean Air Act (CAA or the Act) is an important cornerstone of the Federal environmental statutes that protect the quality of the nation’s air and waters. Indian tribal governments understandably wish to manage air quality within their reservations and to address air pollution that affects their lifeways. Reservations in the Pacific Northwest have common problems with particulate matter air pollution, such as from open burning and fugitive dust, which can endanger people’s health and safety, as well as cause other environmental impacts such as regional haze.
Tribal Environmental Policy Acts and the Landscape of Environmental Law
Dean B. Suagee | Spring 2009
Where do federally recognized Indian tribes fit in the development of environmental law? Where do American Indian and Alaska Native cultures fit into the landscape of environmental protection and natural resources management? The answer that I would give to both questions is a lot of places.
Fundamental changes are coming as we move toward a post-fossil-fuels economy. Global climate change is a compelling reason why we need to shift to an economic order that uses energy efficiently and meets most of our needs for energy services with renewable resources.
HIPAA and Patient Privacy: Tribal Policies as Added Means for Addressing Indian Health Disparities
Starla K. Roels | Summer 2006
The Department of Health and Human Services (DHHS) published final privacy standards for the protection of individually-identifiable health information on August 14, 2002. The privacy standards are part of the regulations promulgated under the administrative simplification provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. These HIPAA privacy protections raise some interesting questions for Indian health care programs regarding privacy and tribal governmental provision of health care, disclosures related to cultural differences or varied governmental structures, and the health and safety of Indian people. This article explores the emerging importance of health care privacy in tribal health care facilities.
Protecting and Preserving Indigenous Communities in the Americas
F. Michael Willis | Timothy C. Seward | Spring 2006
"You must first change the way people think." That was the wisdom passed to a representative of the Washoe Tribe by an indigenous Buryat monk from the Russian state Buryatia, discussing how to protect Lake Baikal and the lands and natural resources of cultural importance to the indigenous people that region in southern Siberia. Notwithstanding international norms and national laws to protect indigenous peoples’ customary use and tenure of their lands, persuading nonindigenous authorities and businesses to respect these rights demands innovative strategies that blend a variety of approaches and tools. As economic globalization introduces commerce to new regions and private actors seek to exploit new resources, indigenous peoples’ cultural identity and very survival may hinge upon their ability to design new tools and breathe fresh life into existing mechanisms to change the thinking of governments, businesses, and the public at large.
"Indian Country” and the Nature and Scope of Tribal Self-Government in Alaska
Geoffrey D. Strommer | Steve D. Osborne | June 2005
Today Alaska Native tribes face one of their most difficult challenges since the days of the Alaska Native Claims Settlement Act (ANCSA). Ever since the United States Supreme Court ruled in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998), that ANCSA largely extinguished “Indian country” in Alaska, and thus the tribes’ territorial jurisdiction, the extent of Alaska tribal sovereignty and authority has been shrouded in uncertainty.
Protecting Tribal Stories: The Perils of Propertization
Steve D. Osborne | Summer 2003
As any New Age shaman - and many grave robbers - can tell you, Indians are hot. As appreciation of traditional Native American cultures has grown over the last few decades, so too has the market in objects and experiences thought to express those cultures.1 To the extent that it indicates respect for Native American tribes and individuals and offers them a chance to profit in the market, this development has been embraced.
The Supreme Court's “Whack-A-Mole” Game Theory in Federal Indian Law, A Theory That Has No Place In The Realm of Environmental Law
Dean B. Suagee | Fall 2002
American Indian and Alaska Native tribes inhabit special places in the landscape of American democracy. This article begins and ends with this principle-federally recognized tribes have a special status in our system of government. Over the course of American history we should have learned that tribal sovereignty within a recognized homeland is crucial for tribes to be able to maintain their cultural distinctiveness, to exercise what might be called cultural self-determination. By “cultural self-determination” I mean the process of a tribe deciding for itself how its way of life changes over time, including deciding what aspects of other cultures the people who comprise a tribe adapt for their own uses. The concept of cultural self-determination overlaps with the concept of “cultural sovereignty,” although I will save my thoughts on this topic for the end of this article.
Florida's War On Indian Gaming: An Attack On Tribal Sovereignty
Jerry C. Straus | Fall 2000
In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA).1 The states, disappointed with certain aspects of the IGRA legislation, launched a war against Indian tribes to stop them from conducting the gaming which Congress had determined was a vital source of economic development for tribes and a proper exercise of tribal sovereignty.
Protecting Habitat for Off-Reservation Tribal Hunting and Fishing Rights: Tribal Comanagement as a Reserved Right
Edmund C. Goodman | Summer 2000
As courts protected off-reservation resource rights for Native American tribes on paper, they consistently left unanswered the question of who will protect those resource rights on the ground. This Article traces the development of the recognition and protection of tribal off-reservation legal rights to demonstrate that tribes have an off-reservation comanagement right as well. Further, the Article articulates key principles that must be present in order for tribal comanagement to be successful.
Due Process and Public Participation in Tribal Environmental Programs
Dean B. Suagee | Winter 1999
Environmental law as it has evolved in the United States can be described as “environmental federalism.” Federal laws establish the basic framework for protecting and restoring air and water quality, managing wastes, dealing with hazardous materials, and a range of other subjects. Within the framework of these federal laws, states are required to perform certain functions, and they have the option to perform other functions pursuant to delegations of authority from the federal Environmental Protection Agency (EPA). States also have the option, through the exercise of their sovereignty, to enact and carry out laws that deal with aspects of environmental protection that are not covered by federal law.
The Cultural Heritage of American Indian Tribes and the Preservation of Biological Diversity
Dean B. Suagee | Summer 1999
These communities [of indigenous or tribal peoples] are the repositories of vast accumulations of traditional knowledge and experience that links humanity with its ancient origins. . . . It is a terrible irony that as formal development reaches more deeply into rain forests, deserts, and other isolated environments, it tends to destroy the only cultures that have proved able to thrive in these environments.
Borrowing Instead Of Taking: How The Seemingly Opposite Threads Of Indian Treaty Rights And Property Rights Activism Could Intertwine To Restore Salmon To The Rivers
Starla K. Roels | Summer 1998
This Article examines the nature of the right to fish that Indian tribes reserved in treaties with the United States Government, concluding that the exercise of the treaty right to fish is a compensable Fifth Amendment property right.
Indigenous Self-Government, Environmental Protection, and the Consent of the Governed: A Tribal Environmental Review Process
Chris T. Stearns | Dean B. Suagee | Fall 1994
Indigenous peoples seek recognition under international law of their collective human rights to govern themselves within their traditional homelands. They seek assistance in defending their homelands against environmentally destructive and culturally devastating so-called “development.” The Draft Declaration of the Rights of Indigenous Peoples (Draft Declaration), which is under consideration in the United Nations (UN), declares that indigenous peoples are entitled to certain enumerated human rights, including the right of self-determination, and that they are entitled to assistance from national governments and the international community in exercising these rights.
Turtle's War Party: An Indian Allegory on Environmental Justice
Dean B. Suagee | Fall 1994
Once, a long time ago, Turtle organized a war party against the Human Beings. As he was paddling his canoe down the river, he chanced upon Bear, who asked him where he was going. Turtle said that he was going to make war on the Human Beings, the ones that call themselves the Haudenosaunee (who are more commonly known now as the Iroquois). In explaining his course of action to Bear, Turtle said, “Too long they have made war on animals. Now is the time for us to strike back.” When Bear offered to join in, Turtle turned him down, purportedly because Bear would be too slow but more likely because Bear was just too big for Turtle's small canoe. Turtle also passed up an offer by Wolf to join his war party. His stated reason was that Wolf was too fast and that he would run away and leave Turtle behind, but the real reason was that Turtle had gotten a good close look at Wolf's long sharp teeth.
Making a Difference: The Federal Policy of Indian Tribal Self-Determination and Self-Governance
S. Bobo Dean | Winter 1990
In 1970, President Nixon sent to the Congress a Message on Indian Affairs which represented the most innovative and far reaching approach to change in the field of Indian affairs since so-called "Indian New Deal" in the Roosevelt Administration.
The Consent of the Governed – A New Concept in Indian Affairs?
S. Bobo Dean | Summer 1971
The Indian tribe is a unique component in our federal system of government. Unlike all our other governmental institutions, the tribe is not a creature of the Constitution of the United States, nor of the federal government created by the Constitution, nor of the states which created the Constitution.
The indigenous peoples of the world will suffer, and are suffering, impacts of climate change in ways that are different from the kinds of impacts that will be suffered by the cosmopolitan peoples that inhabit most of the centers of political and economic power in the world today. The material cultures of indigenous peoples tend to be woven into the ecosystems where they live. Their religious cultures also tend to be rooted in the particular places where they live. The roots of their cultural identities reach back into mythic time, with countless generations of traditional ecological knowledge.