NESC 425 Native American Environm Law

Philosophical background and case law pertaining to Native American management of land, water and natural resources. Emphasis on the nature of the federal-tribal trust relationship and doctrine of reserved rights. Includes an analysis of federal environmental law as applied to the access, use and protection of sacred lands and sites. Prerequisites: POLS 118, or POLS 225, or POLS 240, or permission of the instructor

Credits

5

Outcomes

1. Examine the nature of the social contract and how it has impacted upon legal decisions regarding tribal management of land, water, and natural resources.
2. Analyze the major court decisions that have upheld the reserved rights doctrine as it applies to hunting and fishing, and other natural resource uses; and explore its application to broadening existing tribal management of land, water, and natural resources.
3. Critique the federal trust doctrine as it applies to the management and use of tribal land, water, and natural resources.
4. Interpret key pieces of federal legislation, such as the National Environmental Protection Act (NEPA), Endangered Species Act (ESA) and Magnusson Stevens Act, and determine their impacts upon tribal land use and resource management.
5. Evaluate the historical origins and implications of the American Indian Religious Freedoms Act (AIRFA), and other legislation, as these laws apply to the access, use, and protection of sacred lands, and traditional and customary use areas.