'
                                                  ENVIRONMENTAL
                                                  ANTHROPOLOGY

                                Environmental Stewardship in Indian  Country
Photo used with Haudenosaunee
permission.
T/je Kaswentha, or Two-Row
Wampum Treaty Belt is a
Haudenosaunee record of
a Treaty with the Dutch crown,
a long-standing symbol of
government-to-government
relations.
        The Two-Row Wampum is a beaded belt that records an early
        nation-to-nation treaty between the Haudenosaunee (also
        known as the Iroquois) and the Dutch. The belt signifies the
        relationship of two societies living side-by-side, yet respecting each
other's worldview and autonomy. The Two-Row Wampum also serves as a
good metaphor for productive collaboration between native and non-native
communities in environmental protection efforts.

Tribal governments occupy a distinctive place in the United States federal
system. They are political entities with extensive autonomy, although this
authority is subject to the plenary powers of Congress. It is important to
recognize that not all Native American Nations accept the limitations that
have been placed upon their sovereignty by the federal courts or Congress.
The Haudenosaunee, for example, reject these limitations  as having been
imposed without their consent.

Most Indian reservation lands are held in trust by the U.S. government for
tribes, reflecting an ongoing responsibility to support the protection and
restoration of tribal lands and resources. Today this responsibility is shared
between the respective tribal governments and  the federal government. It is
national policy for federal agencies, such as the Environmental Protection
Agency (EPA), to work with tribal governments on a government-to-govern-
ment basis to protect the rights and resources that have been under tribal
stewardship since time immemorial.

Native cultures highly value their role as stewards of natural resources.
Fulfilling this role, however, is often constrained by a lack of resources,
technical capability, or legal authority. Providing technical and financial
assistance for capacity building activities is an important role for the EPA in
helping  Indian communities more effectively manage and protect their natural
resources. The EPA's General Assistance Program, for example, provides
tribes with financial assistance to build the capacity to plan and establish
environmental protection programs. Federal assistance is also available from
a variety of sources to implement such programs, targeted  to specific envi-
ronmental protection activities such as enhancement of air and water quality,
vegetation and wildlife habitat restoration, hazardous and solid waste man-
agement, pollution prevention, emergency preparedness and response,
and environmental education.

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EN VI RON MENTAL
ANTHROPOLOGY
 Tribal Sovereignty

 "Sovereignty" is the right
 or power that a government
 draws upon to govern.
 It comes from itself and no
 other source. The European
 conception of sovereignty that
 the United States received
 held that a nation could have
 only one sovereign, the
 monarch. The U.S. Constitu-
 tion splits sovereignty between
 the states and the United
 States. Both sovereigns
 derive their authority to govern
 from the people, and neither
 depends on the other for its
 authority. The tribes represent
 the third sovereign within the
 United States. Interpreting
 the Constitution, courts have
 reasoned that the tribes,
 because of their existence
 since time immemorial - prior
 to the inception of the other
 two U.S. sovereigns - must
 derive their authority to govern
 from their own sovereignty.
 This stems from the original
 acknowledgment of the
 legitimacy of tribal government
 outside the United States.

 The framers of the Constitution
 recognized that if left in the
 hands of the newly formed
 state governments, tribal rights
 and resources would be
 quickly eroded as states first
 looked after the interests of
 their non-Indian residents. The
 Constitution named the U.S.
 Congress - and not state
 governments - as having
 plenary authority over Indian
 affairs. This has been inter-
  preted by judicial review to
  mean that tribes retain the
  right to govern themselves
 except where the Congress
  has placed limits on the
  exercise of this right.
Given the difference in size and resources between Indian Nations and the
U.S. government, Approaching capacity building activities .as a collabora-
tion of equals can |be challenging. However, this approach' is key to promot-
ing the two-way flow of information necessary for developing sustainable
and effective programs.                                !
                                                      I
This Review discusses the logic behind building tribal environmental
stewardship capacities within the federal system, and highlights factors
involved in working collaboratively with Native American communities to
develop effective, Culturally relevant watershed protection Iprograms.

In addition to the cases highlighted here, the Environmental Anthropology
Project also involved work by anthropologists at the Zuni Pueblo, the
Cherokee Nation of Oklahoma, and the Confederated Tribes of the
Umatilla Indian Reservation.
Capacity Building - The Benefits
        Capacity blinding strengthens the ability of a community or organiza-
        tion to define its problems and identify and implement solutions.
        Given the wide variety of issues involved in managing environmen-
tal resources, a brpad and holistic view of capacity development is needed.
For example, capacity building might include helping communities:
        • manage [change
        • resolve conflict
        • manage Institutional pluralism
        • enhance^ coordination of activities
        • foster communication, and
        • conduct research

 For many people, !the notion of building community capacity has an
 immediate philosophical appeal because of its implications for human
 dignity. There are'also more practical reasons to invest incapacity building
 strategies.                                            i

 First, successful water quality protection programs require cooperation
 between tribal, state, and federal governments, since water (like many
 other natural resources) does not respect the boundaries ibetween tribal
 and non-tribal land. Practices outside of reservation lands affect the quality
 and flow of water bn tribal lands,  while practices on reservation lands can
 affect the quality gnd flow of water elsewhere. Therefore, investments that
 help Indians to better manage water resources on their own lands, or that
 can better help them to communicate with their federal or state counter-
 parts, are in the national interest.

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                                         Environmental Stewardship in Indian Country
 Second, while tribal governments are often on the receiving end of technical
 and financial assistance, they bring to the table important knowledge and
 experience about their natural and social worlds. Approaching capacity
 building activities in a collaborative fashion enables non-Native partners to
 benefit from the knowledge and experience of Indian tribal members, and
 help them to design more effective programs.
 Key Ingredients to Capacity Building

       Tribal governments' capacity to act as stewards for their water-
       sheds hinges upon many factors. Tribal members must have
       jpportunities to participate meaningfully in the protection efforts.
 Members' involvement and support is especially important where threats to
 water resources are the unintended consequence of actions on the part of
 individual households. Tribes must have the legal authority to manage and
 protect the resources. They must have the technical capacity to monitor
 changing environmental conditions, recognize problems, develop effective
 solutions, and promote acceptance of changes in practices that threaten
 water resources. Finally, they must have the economic means and political
 will to create and implement policy.

 There are more than 560 federally-recognized tribal governments in the
 United States, ranging in size from fewer than 40 enrolled members to more
 than 250,000. Their land areas are as small as 40 acres, and as large as
 28,000 square miles. Just as diverse is the  range in the capacities of tribal
 governments to protect their rights and resources without outside assis-
 tance. Even the largest, best organized tribal governments may lack ad-
 equate environmental management capacity.

 How do federal agencies work with tribes to determine the focus of capacity
 building efforts? A collaborative process of research and analysis involving
 both the tribe and the funding agency is essential. "Donor-driven" capacity
 building projects have little chance of success because from  the outset they
 undermine a key principle of the capacity-building process, working from
 locally defined problems and policy priorities. In addition, capacity-building
 projects cannot be programmed in detail from the outset. They require a
flexible process driven approach, which encourages learning, adaptive
management, and long term commitment.

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ENVIRONMENTAL
ANTHROPOLOGY
                                                  Stewardship and Educational Outreach
                                                  The Tuscarora Nation
                                                   M
The aboriginal lands of the Haudenosaunee
Confederacy covered much of present-day New York.
Today, these are the remaining reservation lands.
                     ost members of the Tuscarora Nation get their
                     water from private wells, and a few homes still
                     use outdoor hand pumps. Most of the wells are
             shallow, while the groundwater recharge areas are
             usually nearby. Therefore actions of residents in and
             around their homes can have a direct impact on their
             bwn well water quality.               \

             AS a member of the Confederacy of Haudenosaunee
             iNations, the Tuscarora are able to ask assistance from
             the Haudenosaunee Environmental Task Force (HETF).
             The Task Force, composed of delegates from
             JHaudenosaunee Nations, helps members access
external funding and technical assistance from EPA and other sources,
while protecting tribal rights and resources. With the goal of increasing
the Tuscarora Nation's capacity to protect and improve the quality of its
water sources,Ithe  HETF and the Tuscarora Environment program
(TEP) signed a collaborative agreement with Environmental Anthropol-
ogy Project intern Kreg Ettenger to produce public information materials
about water protection that would reflect traditional values while
strengthening Ipcal environmental protection capacity.;

Ettenger began his work by  conducting community assessments and
identifying household practices that could threaten the;quality of drink-
ing water sources.  Potential threats he noted included:
• old vehicles, either abandoned or in storage
• burning or dumping refuse
• keeping pets or other animals in enclosures
  or tied up near a well
• disposing of household products and other
  potential contaminants improperly; and
• maintaining household septic systems
                                     However, he a
              so found that local residents did not always believe
                                     these activities were particularly harmful to the environment. Since few
                                     residents had their wells tested on a regular basis, there was no way
                                     for them to know if they were, in fact, contaminating their well water
                                     through such practices.

                                     The HETF and TEP knew from past experience that "top-down" meth-
                                     ods based on regulation and enforcement were largely ineffective,
                                     especially when concerned with the actions of individuals on their own
                                     properties. Whjile there is a strong sense of shared community respon-
                                     sibility among the Tuscarora Nation, there is also a deep respect for
                                     individual autonomy. Ettenger worked closely with both the HETF and
                                     TEP throughout this project. These collaborators continually refined
                                     their ideas about the most useful outcome of Ettenger's research.
                                     Through an iterative process of consensus building, they decided that
                                     the most relevant approach to protecting water sources would be to
                                     focus on education and individual responsibility.  They 'also decided that
                                     an educationa booklet would be an effective communications tool.

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                                           Environmental Stewardship in Indian Country
The booklet's message builds on traditional Tuscarora values and
promotes individual responsibility toward family and community health.
To produce something that would appeal to local audiences, Ettenger
collected traditional legends, knowledge, and environmental values that
relate to water sources. He then framed technical information within the
context of local knowledge and used local photos and cultural images for
illustrations. The intent was for the booklet to be distributed at public fairs
and events. Its contents are to be published on the Tuscarora Nation's
website and incorporated into public school environmental curriculum.

In this instance, collaborators decided that a booklet would provide an
important stepping-stone to greater community awareness and action.
As a complement to printed booklets, other ways of raising community
awareness might include outreach through radio broadcasts, community
documentaries, popular theatre, speeches at traditional gatherings, and
youth group projects.


A Balancing Act -
The Lower Elwha Klallam Tribe

      Among the members of the Lower Elwha Klallam Tribe, many
      families want to move home to the reservation, located on
       Washington's Olympic Peninsula. But the only places where new
housing can be built are in the groundwater recharge zone for the
reservation's community drinking water wells. The shallow water table and
groundwater supply on the reservation are easily susceptible to contamina-
tion from the septic systems that treat wastewater from the planned housing
developments.
Photo: Ed Liebow
The Elwha Dam, upstream from the Lower Elwha reservation, may soon be breached to help
restore the watershed's salmon fishery. The water table and location ofbui/dable areas will change
with the return to the natural river flows.

The tribal, government wants to accommodate the demand for reservation
housing,  but land is scarce without encroaching on flood zones or the
groundwater recharge zone.
 Executive Order 131 75 -
     Consultation and
Coordination with Indian
   Tribal Governments
 The history of Federal Indian
policy has been one of dramatic
reversals, with a series of laws,
regulations, and administrative
policies put in force to strike a
balance between national
interests - as viewed at the time -
and the interests of conquered
tribal peoples. A period of policies
forcing tribes' removal from areas
of Euroamerican settlement gave
way to reservation land set-
asides, then parceling out these
reserved  lands to hasten Indian
assimilation into mainstream
agrarian society, then a reorgani-
zation of federal administrative
responsibilities to reverse the
erosion of tribal land base,
followed by attempts to terminate
the special trustee relationship
that was to protect tribal rights
and resources, and finally the
present era of policies intended to
support tribal governments'
powers to promote the well-being
of their people.

Executive Order 13175 (Novem-
ber 6, 2000), "Consultation and
Coordination with Indian Tribal
Governments" is the most recent
action aimed at defining the
scope of tribal government
authority,  and the ways in which
the federal government should
help tribes exercise this authority.
This order affirmed the federal
commitment to tribal govern-
ments' self-determination rights
and authorities. The order also
directed all federal executive
agencies  to establish procedures
for consulting with tribes before
and during the course of crafting
policies that potentially affect
these rights and authorities.
For the text of this executive
order, and successive policy
statements by the past several
administrations, please see the
EPA's American Indian
Environmental Office web site:
www.eDa.aov/indian/Dolin.htm

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ENVIRONMENTAL
ANTHROPOLOGY
  Additional Resources

  For Information on Kreg
  Ettenger's project see "Source
  Water Protection in Traditional
  Haudosaunee Nations: Report on
  SfAA/EPA Environmental
  Anthropology Fellowship" in
  Practicing Anthropology (2001)
  23(3): 23-27.

  For information on Aaron ScroPs
  project with the Lower Elwha
  Klallam Tribe see http://
  www.sfaa.netteap/sctoJ/scraLpdf
  and "Community Dynamics of
  Source Water Protection: The
  Lower Elwha Klallam Tribe" in
  Practicing Anthropology
  (2001)23(3):28-32.

  Other Environmental Anthropol-
  ogy Projects included Carmen
  Burch's work with the Zuni
  Pueblo, Jill Blankenship's
  Internship with the Confederated
  Tribes of the Umatilla Indian
  Reservation, and Brendan Lavy's
  Internship with the Cherokee
  nation.

  Additional guidance on working
  with American Indian communi-
  ties can be found the Guide on
  Consultation and Collaboration
  with Indian Governments and the
  Public Participation of Indigenous
  Groups, prepared by the
  Workgroup of the Indigenous
  Peoples Subcommittee of the
  National Environmental Justice
  Advisory Council. May 25, 2000.
  Washington DC; U.S. Environ-
  mental Protection Agency, http://
  as.epa.oov/oeca/maln/ei/docs/
  CQnsl52.pdf

  Tools that help strengthen
  internal community capacity to
  evaluate and participate in
  research and technical assis-
  tance in meaningful ways,
  include the Model Tribal
  Research Code: With Materials
  forTribal Regulation for Re-
  search and Checklist for Indian
  Health Boards. 3rd ed., 1999.
  American Indian Law Center,
  Albuquerque, NM. Initially
  drafted as a tool to help
  American Indian communities
  review health research propos-
  als, this model'code is readily
  adaptable to meet environmental
  protection concerns. Also, see
  the Akwesasne Task Force on
  the Environment Research
  Advisory Committee's Protocol
  for Review of Environmental and
  Scientific Research Proposals at:
  www.sHc.com/alfe/Prot.htm.
To help balance these conflicting demands between housing development
and water source protection, environmental anthropologist Aaron Scrol
worked with the Lower Elwha Klallam Tribe to help decide how the tribe
could best increase' its capacity to protect its source water.;

Technical assessments of water quality and potential damage had already
been done. However, follow-up mechanisms to create and Implement a
policy based on the|se assessments were missing.        [-

Scrol observed that the tribe's governance system focuses |much of its
attention on dealing with the world outside the reservation. But for internal
matters, the Lower felwha Klallam place high values on individual and
household responsibility.  Households and kin networks traditionally hold the
authority in resource management decisions. Imposing judgments on other
tribal members and family members, suspending water service for non-
payment of fees, or limiting tribal development activities are often viewed  as
illegitimate meddling in the  lives of individuals and their families.
Tribal members have begun to recognize, however, that with the increasing
residential density they would need  a more formalized and centralized
management of cotjnmunity source water. What was called for was a
culturally appropriate management model.

The collaboration bbtween  Scrol, the Lower Elwha Klallam Tribe's Commu-
nity Development sjaff, and EPA Region  10 staff resulted in the idea of
creating a local utility board. The board would be created through a tribal
utility ordinance ancl governed by community advisors rather than tribal
government staff. The utility board would review water management and
land use issues first, and then formally present their revieW to the tribal
council, thus ensuring serious deliberation. Accountable toithe community
advisory group but independent from the tribal council, such a utility board
could, in effect, serye  as  an advocate on behalf of sensitively planned
expansion of the reservation's utility infrastructure. In this  scheme, it would
still be up to the tribal  council to balance development needs against  the
importance of protecting sensitive areas. But land  use planning and water
management issues would  be given the careful attention they deserve, and
the tribe's collective interests would be better balanced against the interests
of individual Indian (allottees wishing to build on their lands,
Scrol's research also highlighted ways in which the Lower Elwha Klallam
Tribe's ability to manage and protect water resources was constrained by
the many jurisdictional conflicts between tribal and state authorities, espe-
cially when drinking water sources are affected by the actions of multiple
users who may not reside within tribal lands. To address this issue of
authority, Scrol helped tribal leaders prepare an application to EPA for
Treatment as a State (TAS) for the purpose of setting and regulating surface
water quality standards for reservation waters. TAS status puts tribes on
equal jurisdictional .footing with state governments, and potentially repre-
sents an important [step in the development of tribal water resource protec-
tion programs.     j

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                                             Environmental Stewardship in  Indian Country
Summing Up

        Non-Indian environmental managers and their tribal counterparts
        share basic concerns for the environment, but stewardship of
        tribal lands and other natural resources must take place within a
complex federal framework. No single perspective can dictate effective,
widely accepted solutions to watershed management problems, especially
with watersheds that transcend political boundaries. Collaboration is an
essential ingredient for effective environmental stewardship in Indian country.
Anthropologists can make a significant contribution by richly characterizing
the distinct perspectives that are shaped by differing cultural backgrounds,
assumptions, and value orientations.

The Haudenosaunee and Elwha cases provide examples of anthropologists
working with tribal partners to define and integrate cultural understandings
and knowledge in environmental protection processes. However, capacity
development activities might look very different depending on the challenges
and resources at hand. In one situation, community education or awareness
programs might be needed. In another, changes in political organization
might be the key. In yet another instance, the need might be for cross-
cultural understanding that  could help resolve an unproductive conflict.

Technical assistance and other capacity building activities must  be framed as
collaborative partnerships, with an emphasis on consensus-based ap-
proaches to problem definition and needs assessment. Collaboration be-
tween autonomous partners provides the opportunity to support each side's
needs, interests and core values, and allow for a two-way exchange of
information, ideas, and assistance. The process of defining and  engaging in
these collaborative partnerships can, in itself, strengthen American Indian
capacity to protect local environmental  resources.
 Additional Resources

 EPA's American Indian
 Environmental Office
 (www.epa.gov/indian/)
 The American Indian Environmen-
 tal Office (AIEO) coordinates the
 agency-wide effort to strengthen
 public health and environmental
 protection in Indian Country, with
 a special emphasis on building
 tribal capacity to administer their
 own environmental programs.
 AIEO oversees development and
 implementation of the agency's
 Indian policy.  The EPA's General
 Assistance Program is adminis-
 tered out of this office, along with
 training programs to increase EPA
 staff awareness of how to work
 effectively with tribal govern-
 ments. AIEO is developing
 databases and other decision
 support tools to assist tribal
 environmental managers
 in their work,

 National Tribal Environmental
 Council (www.ntec.org)
 NTEC was formed in 1991 as
 a membership organization
 dedicated to working with  and
 assisting tribes in the protection
 and preservation of the reserva-
 tion environment. Ten years later,
 it has nearly 150 member tribes,
 and offers a variety of training,
 technical assistance, research,
 and information sharing services
 on environmental protection
 matters in Indian country.
 NTEC's offices are located in
 Albuquerque, NM.

 National Tribal Environmental
 Research Institute
 (www.nteri.net) The National
Tribal Environmental Research
 Institute (NTERI) was developed
 by the Intertribal Council of
Arizona in partnership with the US
 Environmental Protection Agency.
 Its mission is to promote informed
deliberation and comment on
important federal and other
proposed laws, rules, actions
initiatives, and programs.

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    > Cower Elwha Klallam Tribe _
    A   *   I Y
Columbia Plateau  J
          *.Umatilla River
t,* Clark Fork
"V-.
    's/> ^          Burlington
    r^-^a-"^        I  ^
    f      JiTXHiagara Falls| Y^TI
    ^     i_l /   v.      J."  ..
                          sAnacostia


                    'A Union Mills
                                        Bloomington *
                                         Hamilton County
                    * Zuni Pueblo  /     *
                          Cherokee Nation
        Environmental Anthropology Projects focused on community-based
           approaches to environmental protection throughout the U.S.,
     Environmental anthropologists analyze and resolve human
      and ecological problems posed by energy extraction and
        use; agriculture, forestry, fisheries, mining, and other
       resource development; pesticide exposure, toxic waste
          disposal, and other environmental health issues;
           environmental restoration; tourism,  public lands,
          and cultural resource management;  the protection,
        of traditional knowledge,  values, and resource rights;
                     and environmental education           j
                                                                                                       I


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                                                                     of promoting the scientific investigation of
                                                               "the principles controlling the relations of human
                                                               beings to one another" and trie wide application of
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                                                               were to provide technical support for community-
                                                               based approaches to environmental protection
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                                                               final year of the project. The Review series was
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                                                               reports and publications.

                                                               The Society for Applied Anthropology is grateful
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