The Use of Co-Management and Protected Land-Use Designations to Protect Tribal Cultural Resources and Reserved Treaty Rights on Federal Lands

摘要

Several Native Nations in the United States have cultural resources and reserved treaty rights on federal lands. This article examines two approaches that can be used to protect such values and rights: the use of cooperative management models and protected land-use designations made by Congress or federal land agencies. Background on both subjects is provided, and the case of the Badger-Two Medicine area in Montana is used for illustration. Though most pronounced in the context offish and wildlife management, tribes are playing several roles in cooperatively managing federal lands and resources. Some of the most substantive cooperative arrangements on federal land are the result of laws and policies mandating their use. Protected land-use designations, including place-based legislation, have also been used to protect sacred lands and reserved treaty rights. This article describes several cases where such strategies have been used in the past and analyzes what they might offer in contrast to more reactive and procedural-based protections.