And now:Ish <[EMAIL PROTECTED]> writes: Who Decides the Law of the Land? http://ehpnet1.niehs.nih.gov/qa/106-2spheres/spheres.html While the United States hurtles towards the twenty-first century, the American-Indian nations within its borders are struggling to maintain the ancient customs and traditions that define their cultures. A cornerstone of these cultures is a deep sense of interconnectedness with the natural environment--the tribes see themselves as being as much a part of the landscape as they are dependent upon its natural resources to survive. American Indians, therefore, view the purity of the land as paramount to their continued existence. "Our culture is derivative of the natural resources," says Stuart Harris, a Cayuse Indian and a senior staff scientist with the Department of Natural Resources for the 3,000-member Confederated Tribes of the Umatilla Indian Reservation, based in northeastern Oregon. "If our culture dies, the only remnants are its physical attributes, which will soon be dispersed to the natural environment. If that happens, there will be no trace of our living culture." And yet, most American Indian tribes are faced with a number of significant environmental problems. Basic necessities such as safe drinking water and sewage treatment are frequently in short supply. Many reservations are located in remote areas without municipal landfills, and it is not uncommon for waste to accumulate to levels that pose an environmental hazard. A number of tribes are located adjacent to hazardous waste sites. Chemical wastes emanating from these sites have been known to contaminate waterways on tribal lands and pollute fish, which are a staple of many Indian diets. Midnight dumping, whereby solid, liquid, and sometimes hazardous wastes are abandoned in open, unregulated areas by tribal members and non-Indians alike, is a persistent problem. For some tribes, the accumulated impact of these activities has created a state of environmental crisis. Sovereign Status--No Guarantees Whereas environmental problems are also shared by other minority groups in the United States, American Indians are unique because, in addition to their status as U.S. citizens, many of them are also members of federally recognized sovereign nations that, in theory, have the authority to manage their environmental problems independently. Like many other American Indians, Harris believes that the key to the preservation of tribal lands and culture is sovereignty. As sovereign nations, the tribes can make laws governing the conduct of Indians in "Indian country" (an all-encompassing term that refers to all existing American Indian tribes, governments, people, and territory); establish tribal police and court systems; regulate hunting, fishing, land use, and environmental pollution; and levy taxes. Similar to individual states, tribal nations can also apply for and assume enforcement responsibility for federal environmental programs. Nonetheless, a number of shortcomings continue to weaken tribal authority over environmental affairs. One chronic problem is that Indian governments, with few exceptions, are woefully understaffed, poorly trained, and low on funds. Jurisdiction over non-Indians residing both within and adjacent to Indian country is also a difficult political and legal issue, and tribal attempts to regulate non-Indian polluters are frequently bogged down in the courts. Finally, and perhaps most importantly, the tribes and the federal government often find themselves separated by a profound cultural divide, across which both sides must carefully navigate as they attempt to communicate with each other and agree on common goals. <<end excerpt Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
