Year of Award

2025

Document Type

Thesis

Degree Type

Master of Science (MS)

Degree Name

Resource Conservation

Department or School/College

W.A. Franke College of Forestry and Conservation

Committee Chair

Martin Nie

Commitee Members

Kekek Jason Stark, Michelle Bryan, Brian C. Chaffin

Keywords

Cooperative Federalism, Federal Indian Law, National Forest Law and Policy, United States Forest Service, National Forest System

Subject Categories

American Politics | Environmental Policy | Forest Management | Indigenous, Indian, and Aboriginal Law | Public Policy

Abstract

Lands within the National Forest System (NFS), like all federal public lands, are rooted in Aboriginal Title and were once exclusively inhabited by Indigenous peoples and communities. Through the process of treaty-making, the federal government amassed millions of acres of ceded Tribal lands, many of which are now managed by federal public land agencies, including 194 million acres managed by the U.S. Forest Service (USFS). Several Tribes reserved various use and property rights on these lands that are protected by the U.S. Constitution’s Treaty and Supremacy Clauses. The federal government also has an overarching trust obligation to Tribes – a duty to protect tribal assets, rights, and interests on federal lands. Despite these federal obligations, laws governing the NFS generally fail to recognize Tribal histories and connections to National Forest lands and resources. A dominant theme across the body of law guiding the administration of the NFS is the use of “cooperative federalism,” a term that denotes the various frameworks and mechanisms designed to share authority and promote cooperation between federal and state governments. Reviewed in this Thesis are thirty laws that range from the creation of the NFS to its contemporary management in 2025. It finds that Tribal governments are less eligible for cooperative opportunities and partnerships with the USFS than are state governments. From 1891 to 1976, neither Tribes, nor their rights or interests on NFS lands were referenced in any statute conferring cooperative authority to the USFS. From 1976 to 2025, Tribal recognition and incorporation into cooperative frameworks remained limited and restricted, generally failing to reference, never mind protect, tribal sovereignty, reserved treaty rights or trust obligations. Furthermore, even where Tribes are recognized as eligible cooperative partners by statute, no additional direction is provided regarding the implementation of the trust responsibility or the effectuation of management systems that respect Tribal rights and interests. The thesis concludes by exploring options and pathways to extend cooperative federalism to Tribes.

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© Copyright 2025 James H. Baker