Graduation date: 2008
This dissertation presents an analysis of the historic preservation
framework on tribal cultural resources management (CRM). It examines some of
the challenges this framework poses to tribal governments working on cultural
resources protection efforts within a compliance framework. An examination of
five major laws that regulate the practice of CRM identifies some of the potential
strengths and weaknesses of each law for meeting tribal CRM goals. A discussion
of the background of CRM and tribal involvement in CRM efforts is presented in
the context of cultural and environmental resources management. An examination
of environmental law, specifically the National Environmental Policy Act (NEPA)
is examined for its potential to strengthen tribal involvement in NEPA reviews and
compliance efforts that impact tribal lands and resources. A discussion of Tribal
Environmental Policy Acts, their origin, history, and potential to assist tribal
efforts and improve tribal participation and impact analysis in NEPA reviews is presented in the context of cultural resources management. Finally, the potential of
a TEPA and TEPA development to assist tribal government efforts in review,
assessment, and protection of cultural resources is presented as an additional tool
for Tribal CRM that looks beyond historic preservation and includes a holistic
treatment of environmental resources as cultural resources.