intergovernmental cooperation

New Dissertation on Cooperative Land Use on an Indian Reservation

Matthew L.M. Fletcher1 Comment

Dr. Rebecca M. Webster has completed her dissertation “Common Boundaries: Moving Toward Coordinated and Sustainable Planning on the Oneida Reservation” (PDF). Here is the abstract:

Comprehensive planning can help communities engage in purposeful and sustainable land use development. Previous research has indicated that Indian reservations in the United States often face unique roadblocks to these planning efforts: checkerboard patterns of tribal and nontribal ownership, and the presence of both tribal and local governments exercising land use authority within the same shared space. These roadblocks can lead to uncooperative, uncoordinated, or unsustainable development. Despite these noted problems, there remains an important gap in the current literature regarding solutions to overcome these roadblocks. The purpose of this study was to address that gap. Guided by Forester’s critical planning theory to critically examine the social and historical roots of planning within a particular community, this qualitative case study examined government records and conducted 18 interviews of tribal and local government officials. Data analysis consisted of coding data to reveal emergent themes relating to cooperative land use planning in the future. These themes included: (a) approaching planning with a regional philosophy in mind, (b) strengthening interpersonal relationships, (c) finding ways to fairly compensate each other for government services, (d) continuing to acknowledge each government’s ability to govern within this shared space, and (e) refraining from asserting authority over a neighboring government. This research is an important contribution to the existing literature and enhances social change initiatives by providing guidance for tribal and local government officials to increase cooperative land use planning.

For anyone who has followed the legal and political battles between the Oneida Tribe of Wisconsin and the Village of Hobart, this is a must-read.

New Scholarship on Tribal Sovereignty, Climate Change, and Intergovernmental Cooperation

Matthew L.M. Fletcher

James Hopkins has posted his new paper, “Tribal Sovereignty and Climate Change: Moving Toward Intergovernmental Cooperation,” published in NAVIGATING CLIMATE CHANGE POLICY: THE OPPORTUNITIES OF FEDERALISM (2011).

Here is the abstract:

Climate-change impacts directly affect the resources, communities, and cultural identity of tribal governments, but defining the role of tribal governments in addressing these impacts calls into question who decides the scope and content of tribal jurisdiction. Historically, state governments and the federal government sought ownership of Indian lands, and Congress and the courts privatized Indian lands and limited tribal authority, treating tribes as dependent nations and providing little opportunity for them to manage their natural resources as autonomous actors. In the 1970s, US Environmental Protection Agency recognized tribal governments as the primary parties for making environmental decisions and managing environmental programs on Indian lands and successfully lobbied Congress to recognize tribes as states for purposes of environmental laws. Recently, tribes have accessed US courts and international bodies seeking relief from climate-change impacts on human rights grounds. Although tribes’ success in court has been limited to date, their efforts illustrate the proactive approach of tribal governments in addressing climate change.