Mary Ann King published “Co-Management or Contracting? Agreements Between Native American Tribes and the U.S. National Park Service Pursuant to the 1994 Tribal Self-Governance Act” in the Harvard Environmental Law Review.
From the introduction:
The 1994 Tribal Self-Governance Act (“TSGA”) provides a mechanism for transferring authority over federal programs, including the management of federal land, to Indian tribes. The TSGA permits tribes to petition bureaus within the Department of the Interior (“DOI”) to manage federal programs that are of “special geographical, historical, or cultural significance” to the tribe. Additionally, the TSGA links tribal self-determination policy and federal land management, and has the potential to alter federal-tribal relationships and transform institutions for natural resource and public land management.
This Article assesses how the TSGA structures the relationship between Indian tribes and federal land management agencies using the National Park Service (“NPS”) as a case study. It inquires into the use and implementation of the 1994 Act as it relates to the management of public land, and uses the TSGA as a lens for analyzing contemporary relations between tribes and federal land management agencies.
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