DO CULTURAL RESOURCE LAWS & FEDERAL REGULATIONS ADD CONSTRAINTS TO NATIVE AMERICAN TRUST LAND MANAGEMENT AND TRUST LAND DEVELOPMENT OUTCOMES?

Abstract

This research was conducted to evaluate the way cultural resource management laws and federal regulations impact Native American trust land management. Tribal trust land is land that has been set aside for the exclusive use and benefit of a tribe but is owned by the United States. Trust lands were once the aboriginal lands, exclusively controlled and managed by individual tribes through traditional land management practices. Traditional land management is a part of cultural and heritage resource management because the resources promoted by these practices are integral to traditional cultural practices that are repetitious. Current regulatory laws have a negative impact on Native American people by restricting their ability to manage tribal trust land with traditional land management tools, like fire. In addition, these laws cause time delays and economic losses to tribes who are in the process of development for economic purposes. Federal administrative agencies, such as the Bureau of Indian Affairs (BIA), were established to administer Native American programs as part of the executive branch of government. The BIA is responsible for regulating compliance with federal laws on trust lands. Native American Tribes and their traditional practitioners are challenged by overlapping cultural resource compliance laws and federal regulations. Tribes express that there are social and economic impacts to the people who rely on the land for purposes of religious and economic well-being