TRIBAL PLANNING AND RESOURCE MANAGEMENT
ESTU 475 -Winter Quarter 2008
Nicholas C. Zaferatos, Ph.D., AICP;

COURSE SYLLABUS

REQUIRED TEXTS:

  • Deloria, Vine Jr. (1992). American Indian Policy in the Twentieth Century. University of Oklahoma Press: Norman, Ok.
  • Pevar, Stephen L. (1992). The Rights of Indians and Tribes.

ADDITIONAL READINGSon Reserve or on Class Website(

  • Fraidenburg, Michael E. (1989). "The New Politics of Natural Resources: Negotiating a Shift toward Privatization of Natural Resource Policymaking in WashingtonState." Northwest Environmental Journal. 5:221-240. On Reserve.
  • Halbert, Cindy, and Kai N. Lee (1990). "The Timber, Fish, and Wildlife Agreement: Implementing Alternative Dispute Resolution in Washington State.". Northwest Environmental Journal.University of Washington. 6:139-175. On Reserve.
  • Northwest Renewable ResourcesCenter (1997). Building Bridges: A Resource Book for Tribal/County Intergovernmental Cooperation. Selected Chapters on Reserve.
  • Ryser, Rudolph C. (1992). "Anti-Indian Movement on the Tribal Frontier." Occasional Papers no. 16. Kenmore, Wa.: Center for World Indigenous Studies. Selected Chapters on Reserve.
  • United States Environmental Protection Agency. "Indian Policy Statement" (Online)
  • State of Washington - Tribal Governments. Centennial Accord, Millenium Accord, Implementation Paper. (Online).
  • Wilkinson, Charles (2000). Messages from Frank’s Landing: A Story of Salmon, Treaties, and the Indian Way. Seattle: University of Washington Press.
  • Zaferatos, Nicholas C., (2004). "Tribal Nations, Local Governments, and Regional Pluralism in WashingtonState: The Swinomish Approach in the SkagitValley." Journal of the American Planning Association, 70(1): 81:96. (Online)
  • Zaferatos, Nicholas C., (2004). “Toward a Theory of Tribal Community Development: Overcoming Conflict in Native American Indian Reservation Planning.” Space and Polity, 8(1): 88-104. (Online)
  • Zaferatos, Nicholas C. (1998). "Planning the Native American Tribal Community: Understanding the Basis of Power Controlling the ReservationTerritory." The Journal of the American Planning Association, 64(4): 395-410.(Online)
  • Zaferatos, Nicholas C. (2004), "Environmental Justice in Indian Country: the PM Northwest Dumpsite Remediation.” Environmental Management. (Online).

COURSE INTRODUCTION:
American Indian tribes retain sovereign powers of self-government over their internal affairs and over their self-reserved territories and natural resources in order to sustain their continued existence. The powers of tribal governments, particularly their jurisdiction over lands and natural resources, are poorly understood. The contemporary development of Native American political communities continues to be adversely affected by federal Indian public policy, jurisdictional conflicts in state-tribal relations, and “incorporation” conflicts with the U.S. political economy. This course seeks to explore the political aspects of tribal sovereignty and the continued development of self-governance as the basis for tribal community development, self-determination, and community sustainability.

PURPOSE:
The goal of this course is to promote understanding about approaches to effective management of tribal reservation lands and natural resources that result in tribal benefit. The course will explore the unique and evolving nature of the tribal form of government. The course explores past policy events that led to diminished tribal powers in order to provide students with an historic context for understanding complex contemporary tribal issues, stressing an understanding of tribal political development as an exercise of inherent sovereignty. Emphasis will be placed on approaches to inter-jurisdictional cooperation.

The goal of this course is to prepare students entering the fields of planning and public policy to effectively participate in and promote positive relationships between tribes and non-tribal governments.

STRUCTURE OF THE COURSE:
The course will consist of instructor and student-led discussions on selected readings, presentation of student research assignments, and discussions with invited guest speakers. Students will select one week between weeks 2 through 9 to lead class discussion based on our readings.

GRADING:

  • Midterm exam (25%) due Thursday of Week 6;
  • Final Paper (40%) due last day of Class;
  • Participation in class and student led discussions (25%)
  • Student presentation of paper (10%).

The Midterm exam is a short essay-type, take home exam. Questions will be posted on the class web page end of Week 5, 1 week prior to the deadline for submission - Thursday of Week 6.

This class emphasizes active student participation and learning in each class discussions based on the assigned readings. Your active participation is required and represents 25% of your overall grade.

The Final paper consists of a student chosen topic on contemporary issues in tribal planning and resource management. Requires instructor's prior approval of topic (email to me your topic ideas between Week 4 – Week 7). Students will research and critically evaluate issues surrounding the problem and evaluate alternative solutions to resolution. The paper should be 10 – 15 pages in length, doubled space, due on the last class day.

WEEKLY SCHEDULE (subject to revision)

WEEK 1 (1/9): INTRODUCTION TO COURSE.

Overview of course format, goals, class readings, assignments, expectations and grading. Student introductions of their interests in subject matter and a survey of student views on current tribal issues. Discussion of fundamental concepts includes Indian sovereignty, treaty vs. inherent rights, isolationism, assimilation, pluralism, self-determination, “incorporation,” and legal doctrines.

WEEK 2 (1/14): INDIAN POLICY HISTORY, POLITICAL SOVEREIGNTY & TRIBAL POWERS.

History of federal Indian policy. The Federal Trust Responsibility. Effects of assimilation and allotment. Concepts of alienation and incorporation. Legal foundations of tribal inherent sovereignty, conveyed rights, and proprietary rights. Scope of civil regulatory authority. Federal plenary powers over tribes.

  • Pevar,Ch. I, pp. 1-11 (History); Ch. II, (Definitions); Ch. III, (Trust Responsibility); Ch. IV, (Treaties); Ch. V, (Federal Powers); Ch. VI, (Self Government); Ch. XVI, (Government Services)
  • Deloria,Ch. I, (American Indian Policy: Overview); Ch. 2. (Federal Indian Policy and International Protection of Human Rights)

WEEK 3 (1/21): SELF-DETERMINATION and RESERVATION PLANNING POLICY (Monday is a holiday, continue discussions into Week 4 if needed)

Federal self-determination policy and tribal self-governance. The tribal development strategy. Federal role in tribal political development. State Power in Indian Affairs. Civil Jurisdiction.

  • Pevar, Ch.VII, (State Powers); Ch. IX, (Civil Jurisdiction)
  • Centennial, Millennium Agreement (Online)
  • Zaferatos, Nicholas C. (1998). "Planning the Native American Tribal Community: Understanding the Basis of Power Controlling the ReservationTerritory." The Journal of the American Planning Association, 64(4): 395-410.(Online)
  • Zaferatos, Nicholas C., (2004). "Tribal Nations, Local Governments, and Regional Pluralism in WashingtonState: The Swinomish Approach in the SkagitValley." Journal of the American Planning Association, 70(1): 81:96. (Online)
  • Zaferatos, Nicholas C., (2004). “Toward a Theory of Tribal Community Development: Overcoming Conflict in Native American Indian Reservation Planning.” Space and Polity, 8(1): 88-104. (Online)

WEEK 4 (1/28): FEDERAL ENVIRONMENTAL AND RESOURCES POLICY(Monday Holiday)

EPA Indian policy. State control of tribal resources. Scope of tribal planning activities.

  • Pevar, Ch. XI, (Hunting, Fish and Gathering Rights)
  • United States EPA. "Indian Policy Statement" (Online)
  • Zaferatos, Nicholas C. (2004), "Environmental Justice in Indian Country: the PM Northwest Dumpsite Remediation.” Environmental Management. Online

WEEK 5 (2/4): INDIAN RESERVED WATER RIGHTS.

Water Rights. Reservation Water Resource Planning.

  • Pevar Ch. XII, Indian Water Rights
  • Deloria, Ch. 9. The Supreme Court and Indian Water Rights
  • Supplemental Reading: Wilkinson, Charles (2000). Messages from Frank’s Landing: A Story of Salmon, Treaties, and the Indian Way (Reserve)

WEEK 6 (2/11): STATE-TRIBAL CONFLICT AND CONFLICT RESOLUTION.

Range of state-tribal conflicts in land and natural resources management. Litigation vs. Cooperation vs. Cooptation. The Centennial Accord. Survey of government-to-government relations in WashingtonState. Growth Management and the tribes. Institutions for mediation.

  • State of Washington - Tribal Governments. Centennial Accord, Millenium Accord, Implementation Paper. (Online: Class Website).
  • DeloriaCh. 4, The US and American Indians: Political Relations

Thursday –Guest Speaker

WEEK 7 (2/18): LOCAL GOVERNMENTS AND THE TRIBES.

Survey of local-tribal conflict. Case study examination of cooperative models at the local level. Land Use, resources management, utilities delivery. Models for mediation.

  • NRRC, BuildingBridges. Ch. 1, 2, 3.4.
  • Zaferatos, "Tribal Planning as Strategic Political Action: A Case Study"

Thursday –Guest Speaker

WEEK 8 (2/25): POLITICAL PLURALISM, ANTI-INDIAN MOVEMENTS.

Tribal self-determination in the current political climate. Crisis in Tribal governments. Can political and cultural pluralism work?

  • Deloria, Ch. 6, The Crisis in Tribal Government
  • Pevar, Ch. XIII (Civil Rights of Indians); Ch. XIV (Indian Civil Rights Act), Appendix A; Ch. XV
  • Ryser, Selected Chapters (Reserve)

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Thursday –Guest Speaker

WEEK 9 (3/3): DIFFICULT ISSUES AND OUTLOOK TO THE FUTURE.

The Tribal Perspective. The new terminationist policies. Normative problems in Indian-non-Indian relations. Economic Development. Sustainable Tribal Development.

  • Deloria, Ch. 7, Cultural Values and Economic Development on Reservations; Ch. 11, The Evolution of Federal Indian Policy Making

Thursday –Guest Speaker

WEEK 10 (3/10): PRESENTATION OF STUDENT PAPERS and COURSE SUMMARY.

Presentation of Student Papers, Discussion and Wrap-up.

FINAL PAPER DUE: last day of class