Historically, tribes managed the majority of what is now the United States, and as a result, they possess land and ecosystem expertise. Tribal spheres of influence are not limited to Indian Country, as many tribes and Natives maintain a close connection to ancestral homelands outside federally recognized Indian Country. Increasingly, scholars and indigenous people are calling to return tribes to a more involved role in managing public lands. Tribes today are well-situated to assume greater roles in the stewardship of public lands because of their environmental ethics, traditional ecological knowledge, and experience managing tribal lands. Including tribes in co-stewardship of these natural resources is critical to avoid their “erasure” from public lands. Accordingly, there is a strong moral claim for the inclusion of tribes in stewardship activities, as well as arguments that tribes can be very effective stewards as a result of their traditional ecological knowledge. In addition, tribes have significant legal claims to co-stewardship through treaties, the federal trust responsibility, tribal consultation provisions, and potentially hundreds of contracts and co-management.
This Article thus challenges the trend of existing public land laws to exclude tribes from participating in the co-stewardship of national lands. This Article examines the existing paradigm and offers creative solutions that will create a path to tribal co-stewardship. Tribes are increasingly interested in joining other sovereigns, such as states and the federal government, to manage land and resources outside of Indian Country. Through shared stewardship, we all win.
