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12 Ariz. J. Env't L. & Pol'y 1 (2021-2022)

handle is hein.journals/arijel12 and id is 1 raw text is: ARIZONA JOURNAL
OF
ENVIRONMENTAL LAW & POLICY

VOLUME 12             FALL 2021                ISSUE 1
COMING HOME AGAIN:
TRIBAL SOVEREIGNTY, THE TRIBAL WILDLIFE GRANT PROGRAM, AND THEIR POTENTIAL
FOR ENDEMIC. WILDLIFE REINTRODUCTION
Andrew D. Cliburn * and Hillary M. Hoffmann**
Despite centuries of federal and state policies that have resulted in extinction or
endangerment for multitudes of wildlife species with cultural, ecological, and historical
significance to Indigenous nations throughout the United States, many tribes have begun to
attempt wildlfe reintroduction in and near Indian Country, with or without federal or state
support, and sometimes in spite of strident opposition. Recent efforts, including the reintroduction
of bison to the Fort Peck and Wind River Reservations, the Nez Perce and Yurok Tribes' release
of California condors, and the Confederated Tribes of the Colville Reservation's reintroduction of
pronghorn antelope, have shown early signs of success. Tribes attempting to reintroduce
endangered, threatened, or extirpated species have used a variety of legal and other tools to
further their efforts, sometimes in combinations that reflect unique values or particular history
connecting the tribe to the reintroduced species. The focus of this Article is an option that has
received relatively little scholarly examination-the Tribal Wildlife Grant Program (TWG or
TWG Program'). The TWG Program presents a unique means by which tribes can establish, or
reestablish, wildlife management frameworks largely free of federal oversight or intervention,
allowing tribes to avoid certain complications of the federal-tribal legal relationship that have
impeded many past tribal wildlife management efforts. The Program also allows tribes to choose
when and how to partner with states, a significant improvement over other wildlfe conservation
and management frameworks that used a federalism structure. Finally, the Program provides a
mechanism for actualizing inherent tribal sovereignty for tribes that are willing to establish
positive laws in connection with their reintroduction efforts.
* Andrew D. Cliburn received his J.D. from Vermont Law School in 2021, graduating summa cum laude,
and is currently serving as a law clerk at the Vermont Supreme Court.
** Hillary M. Hoffmann is a Professor of Law at Vermont Law School and a commissioner on the Vermont
Commission on Native American Affairs. She was named the Richard Brooks Distinguished Faculty Scholar at
Vermont Law School for 2020-2021.

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