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9 Ariz. J. Envtl. L. & Pol'y 1 (2018-2019)

handle is hein.journals/arijel9 and id is 1 raw text is: ARIZONA JOURNAL OF ENVIRONMENTAL LAW & POLICY VOLUME 09 FALL 2018 ISSUE 1 THE SHIFTING LANDSCAPE OF ANCESTRAL LANDS: TRIBAL GATHERING OF TRADITIONAL PLANTS IN NATIONAL PARKS Andrew Schrack* I. Introduction 1 II. Historical Gathering Rights in National Parks 2 A. Treaties 3 B. Congressional Acts and Presidential Proclamations 5 C. Agreements 7 III. Shifting Legal Landscape 10 A. 2016 Regulatory Changes 12 1. Criticism of the Regulations 15 IV. Eastern Band of Cherokee Indians Case Study 17 A. United States v. Burgess 20 B. EBCI Actions Post-Trial 22 V. Conclusion 23 I. Introduction The National Park Service (NPS) acknowledges that Native American tribes have deep historical, cultural, and religious ties to the lands that the NPS was created to conserve.' The national park system was established through the National Park Service Organic Act of 1916 (Organic Act) to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.2 However, in the process of conservation, the new legal regime stripped away the historic uses of these ancestral lands from many Native American tribes. In most national parks, * J.D. Candidate, May 2019, The University of Tennessee College of Law; B.A. Political Science, 2015, The University of Memphis. I am grateful to the Eastern Band of Cherokee Indians and James W. Kilbourne, Jr., for providing sources and research on this topic. I would also like to thank Professor Becky Jacobs for her guidance in writing this article. 1 NAT'L PARK SERV., U.S. DEP'T OF THE INTERIOR, MANAGEMENT POLICIES 2006 § 1.11 (2006), https://www.nps.gov/policy/MP_2006.pdf [https://perma.cc/Z3YW-9B7B]. 2 National Park Service Organic Act of 1916, Pub. L. 64-235, 39 Stat. 535 (1916).

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