Spring Symposium on Indigenous Land Stewardship

April 6 & 7, 2023 | James E. Rogers College of Law

in-person and remote options available

One hundred and fifty years ago the federal government established the first National Park at Yellowstone. Built upon a foundation of colonial violence, nascent environmental conservation policy prescribed the forced eviction of Indigenous peoples from their ancestral territories there and across the country in order to create what we experience today as our protected public lands. However the urgent twin crises of climate change and rapid biodiversity loss demonstrate the deep inadequacy of previous conservation policy in meeting its stated goal of environmental protection. Our governments continue to struggle to effectively address these threats to the vitality of our lands and waters. Now is the time to think expansively and creatively to develop intersectional land management policy solutions for our collective future that center Indigenous peoplesʼ rights and environmental justice.

We are witnessing a shift in the broader publicʼs understanding of the active role Indigenous peoples played in sustaining landscapes of biodiversity and abundance across North America prior to European colonization. These rich, extensive bodies of knowledge about land stewardship developed over thousands of years of living within particular landscapes and ecosystems. Conservation and land management science is now validating what Indigenous peoples have known for a long time: that returning land to Indigenous stewardship is an extremely effective way to protect species from further land fragmentation and habitat loss, and can contribute to slowing global climate change. Addressing environmental conservation goals and Indigenous peoplesʼ rights to their ancestral lands need not be mutually exclusive: rather, they are mutually reinforcing.

The Arizona Journal of Environmental Law and Policy’s 2023 Spring Symposium focuses on Indigenous Land Stewardship. The Symposium brings together a diverse array of leaders from tribal communities, academia, the public sector, and advocacy organizations to discuss current efforts within the field of Indigenous land stewardship and its intersections with domestic and international law and policy. The Symposium is organized around four panels: Land Back in Action, Protecting Indigenous Sacred Sites, Tribal Co-Management of Federal Lands, and Indigenous Knowledge in Land Stewardship Law and Policy. To make these discussions as accessible as possible to the public, the Symposium will be held in a hybrid format, with speakers and panelists attending both in-person and remotely. The symposium will be streamed live over Zoom.

The Symposium is co-organized this year with the James E. Rogers College of Law Native American Law Students Association and the Environmental Law Association. We are receiving sponsoring support from the Indigenous Peoples Law and Policy Program, the Indigenous Resilience Center, the Udall Center for Public Policy, the Native Nations Institute, the Agnes Nelms Haury Program in Environment and Social Justice, and the Office of the Provost.

For more information, please contact Arizona Journal of Environmental Law and Policy Editor in Chief Analisa Skeen at eic@ajelp.com.

Thursday, April 6th

Keynote Address

4:30 - 6:00 PM | LAW 164

Reception with refreshments to follow.

6:00 - 7:00 PM | Law School Courtyard

Friday, April 7th

Panel I - Land Back in Action

9:00 - 10:30 AM | LAW 164

Land Back is a decentralized, international Indigenous-led movement that picks up the mantle from previous generations of activists and leaders who have fought for the return of their ancestral homelands across North America. At its core, Land Back calls for unjustly taken lands to be returned to Indigenous ownership, rather than securing access rights or entering into co-management agreements. But it also recognizes that justice demands a more holistic recognition of Indigenous peoples’ enduring cultural and ecological relationships with and within their homelands and the revitalization of Indigenous land stewardship practices. Today, Indigenous peoples are utilizing new strategies to recover ownership of their ancestral lands. This panel will discuss how to advocate for and negotiate land return from federal, state, and local governments, as well as the development of innovative inter-tribal initiatives working with land trusts/conservancies to recover lands and waters and provide for their lasting protection.

Panel II - Protecting Indigenous Sacred Sites

10:45 AM - 12:15 PM | LAW 164

Indigenous peoples face uniquely difficult challenges in the exercise of their religious freedoms in the United States given that Indigenous religious practice is often tied to specific sacred sites that are outside the boundaries of Indian Country and now under public or private ownership. Today, many sacred sites are under threat of imminent destruction from extractive natural resource development, pollution, recreation, vandalism, and other public and private actions. This panel will discuss successes and challenges in legal actions to stop the destruction of sacred sites such as Chi’chil Bildagoteel (Oak Flat) in Arizona and Mauna Kea in Hawaii, as well as the role of federal agencies in protecting sacred sites. The panel will also discuss how federal law and policy can be challenged and changed to protect sacred sites by fully recognizing Indigenous peoples’ religious freedom and human rights.

Lunch - Catered by Cafe Santa Rosa

12:15 - 1:00 PM | Law School Courtyard

Panel III - Tribal Co-management of Federal Lands

1:15 - 2:45 PM | LAW 164

For the past century, prevailing federal conservation policy forcibly evicted Indigenous peoples from their ancestral lands to create protected public lands like National Parks and National Monuments. These forcible evictions eliminated a legally recognizable property title, but they did not eliminate the connection or the relationship between Indigenous peoples and those lands. Today, Indigenous peoples are serving in some of the highest leadership roles  in the federal government responsible for the protection and management of these public lands. Thirty-five years ago, the US Supreme Court held in the Lyng case that Indians could not stop commercial timber harvesting on federal public land managed by the US Forest Service, as that would give the Indians a “veto” over how the government uses “what is after all, its land.”  Rather than providing the death knell to Indigenous efforts to have input into the management of federal public lands, Lyng actually provided the spark that led to meaningful change. Beginning with Medicine Wheel and Devils Tower, federal land managers began inviting tribal governments to participate in the early stages of developing management plans. Today, thanks to Indigenous-led advocacy efforts, the federal government appears to be entering a new era of public lands management that recognizes the injustice of these dispossessions and develops frameworks to center tribes as decision-makers in the co-management of their ancestral lands. This panel will discuss opportunities in the existing federal legal framework for tribal co-management of land; successes and challenges in implementation; and avenues for not only land-based co-management, but also for co-management of particular sacred relatives–like bison and salmon.

Panel IV - Indigenous Knowledge in Land Stewardship Law & Policy

3:00 - 4:45 PM | LAW 164

Indigenous communities hold extensive bodies of knowledge about land management developed over thousands of years of living within particular landscapes and ecosystems. Many tribes historically utilized Indigenous scientific knowledge and land tenure systems to effectively conserve a diverse range of ecosystems and encourage an abundance of biodiversity. Even in places where ecological and cultural relationships within ancestral lands have been fractured by dispossession and development, Indigenous peoples continue to practice their recognized human rights to conserve and protect their traditional lands and resources. This panel will explore Indigenous peoplesʼ land stewardship knowledge generally, will focus on how tribal communities and government agencies are using it in the context of cultural forest burning, and discuss how Indigenous knowledge is currently being addressed and included and protected in federal and international law and policy.

Thank you to our Partners & Sponsors!

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