To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.

The Invasion of Indian Country in the Twentieth Century, Second Edition is updated through the first decade of the twenty-first century and contains a new chapter challenging Americans--Indian and non-Indian--to begin healing the earth. This analysis of the struggle to protect not only natural resources but also a way of life serves as an indispensable tool for students or anyone interested in Native American history and current government policy with regard to Indian lands or the environment.

This unique book investigates the history and future of American Indian economic activities and explains why tribal governments and reservation communities must focus on creating sustainable privately and tribally owned businesses if reservation communities and tribal cultures are to continue to exist. Native American peoples suffer from health, educational, infrastructure, and social deficiencies that most Americans who live outside of tribal lands are wholly unaware of and would not tolerate. By creating sustainable economic development on reservations, however, gradual, long-term change can be effected, thereby improving the standard of living and sustaining tribal cultures. Reservation "Capitalism": Economic Development in Indian Country supplies the true history, present-day circumstances, and potential future of Indian communities and economics. It provides key background information on indigenous economic systems and property rights regimes in what is now the United States, and explains how the vast majority of native lands and natural resource assets were lost. The book focuses on strategies for establishing privately and publicly owned economic activities on reservations and creating economies where reservation inhabitants can be employed, live, and buy the necessities of life, thereby enabling complete tribal self-sufficiency and self-determination.

Most American Indian reservations are islands of poverty in a sea of wealth, but they do not have to remain that way. To extract themselves from poverty, Native Americans will have to build on their rich cultural history including familiarity with markets and integrate themselves into modern economies by creating institutions that reward productivity and entrepreneurship and that establish tribal governments that are capable of providing a stable rule of law. The chapters in this volume document the involvement of indigenous people in market economies long before European contact, provide evidence on how the wealth of Indian Nations has been held hostage to bureaucratic red tape, and explains how their wealth can be unlocked through self-determination and sovereignty.

Just over two decades ago, research findings that environmentally hazardous facilities were more likely to be sited near poor and minority communities gave rise to the environmental justice movement. Yet inequitable distribution of the burdens of industrial facilities and pollution is only half of the problem; poor and minority communities are often denied the benefits of natural resources and can suffer disproportionate harm from decisions about their management and use. Justice and Natural Resources is the first book devoted to exploring the concept of environmental justice in the realm of natural resources. Contributors consider how decisions about the management and use of natural resources can exacerbate social injustice and the problems of disadvantaged communities. Looking at issues that are predominantly rural and western -- many of them involving Indian reservations, public lands, and resource development activities -- it offers a new and more expansive view of environmental justice. The book begins by delineating the key conceptual dimensions of environmental justice in the natural resource arena. Following the conceptual chapters are contributions that examine the application of environmental justice in natural resource decision-making. Chapters examine: how natural resource management can affect a range of stakeholders quite differently, distributing benefits to some and burdens to others the potential for using civil rights laws to address damage to natural and cultural resources the unique status of Native American environmental justice claims parallels between domestic and international environmental justice how authority under existing environmental law can be used by Federal regulators and communities to address a broad spectrum of environmental justice concerns Justice and Natural Resources offers a concise overview of the field of environmental justice and a set of frameworks for understanding it. It expands the previously urban and industrial scope of the movement to include distribution of the burdens and access to the benefits of natural resources, broadening environmental justice to a truly nationwide concern.

The Invasion of Indian Country in the Twentieth Century, Second Edition is updated through the first decade of the twenty-first century and contains a new chapter challenging Americans--Indian and non-Indian--to begin healing the earth. This analysis of the struggle to protect not only natural resources but also a way of life serves as an indispensable tool for students or anyone interested in Native American history and current government policy with regard to Indian lands or the environment.

With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.