Tribal Disruption and Indian Claims

Legal claims are inherently disruptive. Plaintiffs\u27 suits invariably seek to unsettle the status quo. On occasion, the remedies to legal claims can be so disruptive-that is, impossible to enforce or implement in a fair and equitable manner-that courts simply will not issue them. In the area of federal Indian law, American Indian tribal claims not only disrupt the status quo but may even disrupt so-called settled expectations of those affected by the claims. The U.S. Court of Appeals for the Second Circuit has dismissed a round of Indian land claims at the pleading stage, includingOnondaga Nation v. New York, because it considered the claims so disruptive. We agree that Indian legal claims are inherently disruptive and may implicate the centuries-old settled expectations of state and local governments and non-Indians. It is empirically and categorically false, however, that the remedies tribal interests seek are impossible to enforce or implement in a fair or equitable manner. Every year in cases against state governments and their political subdivisions, Indian tribes settle long-standing claims that at their outset, often appear intractable, if not downright impossible, to remedy. The recent settlements of claims by the Oneida Indian Nation of New York, the Saginaw Chippewa Indian Tribe, and five Michigan Anishinaabe tribes demonstrate the falsehood of the idea that Indian claims are too disruptive to be remedied. These negotiated settlements powerfully illustrate that the disruption produced by Indian claims has an important function: forcing federal, state, and tribal governments to creatively seek solutions to difficult governance issues in Indian country

Tribal Disruption and Indian Claims

Legal claims are inherently disruptive. Plaintiffs\u27 suits invariably seek to unsettle the status quo. On occasion, the remedies to legal claims can be so disruptive-that is, impossible to enforce or implement in a fair and equitable manner-that courts simply will not issue them. In the area of federal Indian law, American Indian tribal claims not only disrupt the status quo but may even disrupt so-called settled expectations of those affected by the claims. The U.S. Court of Appeals for the Second Circuit has dismissed a round of Indian land claims at the pleading stage, includingOnondaga Nation v. New York, because it considered the claims so disruptive. We agree that Indian legal claims are inherently disruptive and may implicate the centuries-old settled expectations of state and local governments and non-Indians. It is empirically and categorically false, however, that the remedies tribal interests seek are impossible to enforce or implement in a fair or equitable manner. Every year in cases against state governments and their political subdivisions, Indian tribes settle long-standing claims that at their outset, often appear intractable, if not downright impossible, to remedy. The recent settlements of claims by the Oneida Indian Nation of New York, the Saginaw Chippewa Indian Tribe, and five Michigan Anishinaabe tribes demonstrate the falsehood of the idea that Indian claims are too disruptive to be remedied. These negotiated settlements powerfully illustrate that the disruption produced by Indian claims has an important function: forcing federal, state, and tribal governments to creatively seek solutions to difficult governance issues in Indian country

Response to Sanders: Ma'iingan as Property

Article published in the Wisconsin Law Review Online

Factors that support Indigenous involvement in multi-actor environmental stewardship

Regional, multi-actor environmental collaborations bring together diverse parties to achieve environmental protection and stewardship outcomes. Involving a range of participants helps involve alternative forms of knowledge, expertise, and perspectives; it may also present greater challenges in reaching agreements, particularly when both Indigenous and non-Indigenous parties are involved. The authors conduct a cross-case study of 39 regional partnerships involving Indigenous nations from the Great Lakes basin of North America with the aim of determining the factors that enable Indigenous partners to remain engaged in multi-actor collaborations. Six characteristics influenced Indigenous nations’ willingness to remain engaged: respect for Indigenous knowledges, control of knowledge mobilization, intergenerational involvement, self-determination, continuous cross-cultural education, and early involvement. Being attentive of these factors can help partnerships achieve their environmental goals by keeping important partners at the table

Environmental Change and Sustainability of Indigenous Languages in Northern Alaska

Relatively few people under the age of 60 are fluent speakers of the various Indigenous languages of Alaska. Concurrently, climate change is severely impacting Alaska and its residents, where environments are changing far more rapidly than the majority of the planet. These factors complicate the land-language nexus and may have implications for the sustainability of Indigenous languages in Alaska and other parts of the Arctic. In this collaborative, community-centered project, we spoke with Iñupiaq and Yupik language speakers to learn how rapid environmental change affects heritage language discourse practices and how generational gaps in levels of heritage language fluency affect safety and efficacy of customary and traditional land use activities. The results show how local community choices and attitudes are reflecting and constructing dynamic ecologies of language, culture, and environment. Iñupiaq and Yupik languages provide important forms of socio-cultural resilience because they embed the past, yet are inherently dynamic. Community-driven social practices that promote increased local heritage language use can lead to new, creative language domains, new expressions of Indigenous culture, and new Indigenous stances toward a changing environment.  Relativement peu de personnes de moins de 60 ans parlent les diverses langues autochtones de l’Alaska couramment. En même temps, le changement climatique a de fortes incidences sur l’Alaska et ses habitants, où l’environnement change beaucoup plus vite que dans la majorité de la planète. Ces facteurs compliquent le lien entre la terre et la langue, sans compter qu’ils peuvent avoir des répercussions sur la durabilité des langues autochtones en Alaska et dans d’autres régions de l’Arctique. Dans le cadre de ce projet collaboratif axé sur la communauté, nous nous sommes entretenus avec des locuteurs parlant les langues des Iñupiaq et des Yupik afin d’apprendre comment les changements environnementaux rapides influencent les pratiques linguistiques patrimoniales et comment les écarts générationnels en ce qui a trait aux degrés de facilité verbale des langues du patrimoine influent sur la sécurité et l’efficacité des activités habituelles et traditionnelles liées à l’utilisation de la terre. Les résultats de l’étude illustrent comment les choix et les attitudes des gens de la région sont le reflet d’écologies dynamiques en matière de langue, de culture et d’environnement, et comment ils parviennent à former ces écologies. Les langues des Iñupiaq et des Yupik fournissent d’importantes formes de résilience socioculturelle parce qu’elles incorporent le passé tout en étant intrinsèquement dynamiques. Les pratiques sociales communautaires favorisant une utilisation accrue des langues du patrimoine local peuvent finir par engendrer de nouveaux domaines linguistiques créatifs, de nouvelles expressions de la culture autochtone et de nouvelles positions autochtones à l’égard de l’environnement changeant

Mechanical Harvesting Effectively Controls Young Typha spp. Invasion and Unmanned Aerial Vehicle Data Enhances Post-treatment Monitoring

The ecological impacts of invasive plants increase dramatically with time since invasion. Targeting young populations for treatment is therefore an economically and ecologically effective management approach, especially when linked to post-treatment monitoring to evaluate the efficacy of management. However, collecting detailed field-based post-treatment data is prohibitively expensive, typically resulting in inadequate documentation of the ecological effects of invasive plant management. Alternative approaches, such as remote detection with unmanned aerial vehicles (UAV), provide an opportunity to advance the science and practice of restoration ecology. In this study, we sought to determine the plant community response to different mechanical removal treatments to a dominant invasive wetland macrophyte (Typha spp.) along an age-gradient within a Great Lakes coastal wetland. We assessed the post-treatment responses with both intensive field vegetation and UAV data. Prior to treatment, the oldest Typha stands had the lowest plant diversity, lowest native sedge (Carex spp.) cover, and the greatest Typha cover. Following treatment, plots that were mechanically harvested below the surface of the water differed from unharvested control and above-water harvested plots for several plant community measures, including lower Typha dominance, lower native plant cover, and greater floating and submerged aquatic species cover. Repeated-measures analysis revealed that above-water cutting increased plant diversity and aquatic species cover across all ages, and maintained native Carex spp. cover in the youngest portions of Typha stands. UAV data revealed significant post-treatment differences in normalized difference vegetation index (NDVI) scores, blue band reflectance, and vegetation height, and these remotely collected measures corresponded to field observations. Our findings suggest that both mechanically harvesting the above-water biomass of young Typha stands and harvesting older stands below-water will promote overall native community resilience, and increase the abundance of the floating and submerged aquatic plant guilds , which are the most vulnerable to invasions by large macrophytes. UAV’s provided fast and spatially expansive data compared to field monitoring, and effectively measured plant community structural responses to different treatments. Study results suggest pairing UAV flights with targeted field data collection to maximize the quality of post-restoration vegetation monitoring

Meeting reports: Research on Coupled Human and Natural Systems (CHANS): Approach, Challenges, and Strategies

Understanding the complexity of human–nature interactions is central to the quest for both human well-being and global sustainability. To build an understanding of these interactions, scientists, planners, resource managers, policymakers, and communities increasingly are collaborating across wide-ranging disciplines and knowledge domains. Scientists and others are generating new integrated knowledge on top of their requisite specialized knowledge to understand complex systems in order to solve pressing environmental and social problems (e.g., Carpenter et al. 2009). One approach to this sort of integration, bringing together detailed knowledge of various disciplines (e.g., social, economic, biological, and geophysical), has become known as the study of Coupled Human and Natural Systems, or CHANS (Liu et al. 2007a, b). In 2007 a formal standing program in Dynamics of Coupled Natural and Human Systems was created by the U.S. National Science Foundation. Recently, the program supported the launch of an International Network of Research on Coupled Human and Natural Systems (CHANS-Net.org). A major kick-off event of the network was a symposium on Complexity in Human–Nature Interactions across Landscapes, which brought together leading CHANS scientists at the 2009 meeting of the U.S. Regional Association of the International Association for Landscape Ecology in Snowbird, Utah. The symposium highlighted original and innovative research emphasizing reciprocal interactions between human and natural systems at multiple spatial, temporal, and organizational scales. The presentations can be found at ‹http://chans- net.org/Symposium_2009.aspx›. The symposium was accompanied by a workshop on Challenges and Opportunities in CHANS Research. This article provides an overview of the CHANS approach, outlines the primary challenges facing the CHANS research community, and discusses potential strategies to meet these challenges, based upon the presentations and discussions among participants at the Snowbird meeting

Scientists' Warning to Humanity on Threats to Indigenous and Local Knowledge Systems

The knowledge systems and practices of Indigenous Peoples and local communities play critical roles in safeguarding the biological and cultural diversity of our planet. Globalization, government policies, capitalism, colonialism, and other rapid social-ecological changes threaten the relationships between Indigenous Peoples and local communities and their environments, thereby challenging the continuity and dynamism of Indigenous and Local Knowledge (ILK). In this article, we contribute to the “World Scientists' Warning to Humanity,” issued by the Alliance of World Scientists, by exploring opportunities for sustaining ILK systems on behalf of the future stewardship of our planet. Our warning raises the alarm about the pervasive and ubiquitous erosion of knowledge and practice and the social and ecological consequences of this erosion. While ILK systems can be adaptable and resilient, the foundations of these knowledge systems are compromised by ongoing suppression, misrepresentation, appropriation, assimilation, disconnection, and destruction of biocultural heritage. Three case studies illustrate these processes and how protecting ILK is central to biocultural conservation. We conclude with 15 recommendations that call for the recognition and support of Indigenous Peoples and local communities and their knowledge systems. Enacting these recommendations will entail a transformative and sustained shift in how ILK systems, their knowledge holders, and their multiple expressions in lands and waters are recognized, affirmed, and valued. We appeal for urgent action to support the efforts of Indigenous Peoples and local communities around the world to maintain their knowledge systems, languages, stewardship rights, ties to lands and waters, and the biocultural integrity of their territories—on which we all depend.Peer reviewe

Typha (Cattail) Invasion in North American Wetlands: Biology, Regional Problems, Impacts, Ecosystem Services, and Management

Typha is an iconic wetland plant found worldwide. Hybridization and anthropogenic disturbances have resulted in large increases in Typha abundance in wetland ecosystems throughout North America at a cost to native floral and faunal biodiversity. As demonstrated by three regional case studies, Typha is capable of rapidly colonizing habitats and forming monodominant vegetation stands due to traits such as robust size, rapid growth rate, and rhizomatic expansion. Increased nutrient inputs into wetlands and altered hydrologic regimes are among the principal anthropogenic drivers of Typha invasion. Typha is associated with a wide range of negative ecological impacts to wetland and agricultural systems, but also is linked with a variety of ecosystem services such as bioremediation and provisioning of biomass, as well as an assortment of traditional cultural uses. Numerous physical, chemical, and hydrologic control methods are used to manage invasive Typha, but results are inconsistent and multiple methods and repeated treatments often are required. While this review focuses on invasive Typha in North America, the literature cited comes from research on Typha and other invasive species from around the world. As such, many of the underlying concepts in this review are relevant to invasive species in other wetland ecosystems worldwide

The Importance of Belief Systems in Traditional Ecological Knowledge Initiatives

Resource managers are increasingly engaging with tribes and first nations and looking for methods to incorporate their perspectives, priorities and traditional ecological knowledge (TEK) into public land and resource management. Many initiatives that engage tribes and their TEK holders only seek tribal input, such as biological data, that is most easily integrated into existing management structures. Increasing attention on tribal belief systems would provide a more holistic understanding that could benefit TEK-related initiatives. Such a shift could reduce misunderstandings about tribal natural resource perspectives and lead to insights valuable for society at large