Matthew L.M. Fletcher

Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these “self-determination contracts” have been enormously successful in improving the effective delivery of federal programs in Indian country. However, tribal governments wish to do more. Tribes wish to co-manage federal public lands, including lands that lie outside their reservations, and they have a lot to offer in this area. For example, a tribe might seek to contract with the Fish & Wildlife Service to operate a wildlife refuge, or with the National Park Service to manage a park or monument or even with the Bureau of Reclamation to operate a federal dam. Tribes are natural partners for much of this work. Many federal units are located on lands that are, or were, tribal aboriginal lands. Although the federal government has had the legal authority to enter such contracts since 1994, federal agencies have been slow to enlist tribes in the management of federal public lands. A review of the few existing successful cases suggests that tribes confront dramatically different dynamics when seeking to contract functions with agencies beyond the Bureau of Indian Affairs or Indian Health Service and other agencies providing services to Indian people. At a time when indigenous-led conservation is crucial to addressing climate change and our national conservation goals, this article examines the obstacles to tribal co-management of public lands and proposes solutions.

Always good to see new scholarship from Dean Washburn.

New Work by Indigenous Women about Law School and Lawyering

October 29, 2021Matthew L.M. Fletcher

Ernestine Chaco has published “Mentorship, Leadership and Being an Indigenous Woman” in the Journal of Legal Education. An excerpt:

Law school, for me, was an incredible period of growth, in large part because of the educational environment. I had five Indigenous law professors, four of whom were women. It was powerful to be seen and acknowledged. Our Indigenous presence existed through Indigenous faculty, Indigenous students, robust Indigenous student organizations, and Indigenous law courses.

Roshanna K. Toya has published “A Rite of Passage: Perpetuating the Invisibility of American Indian Lawyers,” also in the Journal of Legal Education. An excerpt:

Further, law schools must create and encourage safe spaces for American Indian students to be recognized, coexist, and have their voices heard. Student organizations are one space. Courses like property, federal jurisdiction, and civil rights are other areas where American Indians can be more visible. Law schools should also assign works written by and reflecting the voices of American Indians, and patiently and intently listen to the voices of students. Reading this essay is a start. Providing resources that Indian students can access to make sure they can be effective law students is another start.

Highly recommended.