Report on Proposed Public Land Sales and Implications for Tribal Rights and Sustainable Development Goals

Introduction

Recent Republican congressional proposals to sell extensive public lands for housing development have raised significant concerns regarding the constitutional and treaty rights of tribal nations. Experts emphasize that such sales could jeopardize tribal access to hunting and fishing grounds, as well as cultural and ceremonial sites, thereby conflicting with multiple Sustainable Development Goals (SDGs), particularly those related to justice, sustainable communities, and life on land.

Legislative Proposal Overview

1. The Senate Committee on Natural and Energy Resources has proposed legislation permitting the sale of Bureau of Land Management (BLM) lands located within five miles of a “population center.”
2. Earlier versions included Forest Service lands and federal lands within reservation boundaries.
3. The legislation would require tribes to purchase lands at “fair market value,” conflicting with current procedures that allow tribes to acquire nearby public lands at no or low cost.

Impact on Tribal Nations and Rights

• The bill prioritizes states and local governments over tribal nations by granting them the “right of first refusal” on land sales, which is denied to tribes.
• Land nominations by states and local governments would be prioritized over those by tribes.
• Consultation requirements with tribes exist but lack clarity on how tribal input would be weighted against conflicting interests.
• Exemptions include the state of Montana and federally protected lands; however, tribal nations appear not to have been consulted during the bill’s creation.

Statements from Tribal Leaders and Experts

• Serrell Smokey, chairman of the Washoe Tribe of Nevada and California, condemned the proposed sale of federal lands without full tribal consultation, highlighting violations of tribal rights.
• Cris Stainbrook, CEO of Indian Land Capital Company, described the legislation as a direct attack on tribal treaty rights.
• Bryan Newland, former assistant secretary for Indian Affairs, emphasized the necessity of tribal participation in land management decisions, criticizing the exclusion of tribes from the process.
• New Mexico Senator Martin Heinrich criticized the limited tribal involvement and called for sincere, government-to-government consultation respecting tribal sovereignty.

Legal and Treaty Conflicts

The proposed legislation conflicts with existing constitutional and treaty rights, as well as recent court rulings affirming tribal access to federally managed lands. Many tribal nations have legal agreements securing their rights to access off-reservation lands, such as the Bay Mills Indian Community’s agreement ensuring fishing access to Hiawatha National Forest.

Current Federal Land Transfer Procedures vs. Proposed Legislation

• Currently, the Bureau of Indian Affairs (BIA) can transfer “excess” public lands within reservation boundaries to tribes at no cost, holding such lands in trust.
• Tribes can also acquire lands outside reservations under certain conditions.
• The Senate Republican bill would require all land sales at fair market value, potentially forcing tribes to pay for lands they would otherwise acquire freely or lose them to states or private developers.

Broader Context and Historical Considerations

• For decades, tribal nations have sought the return of lands taken through government policies and seizures.
• A 2020 Harvard Project analysis found that about 25% of lands within 10 miles of reservation boundaries are federally managed, often by BLM or Forest Service.
• Tribal support exists for legislation facilitating the return of ancestral lands, but not at the expense of tribal sovereignty or without proper consultation.
• Previous congressional efforts have similarly proposed selling public lands near tribal reservations, raising concerns about erasing Native presence and rights.

Implications for Sustainable Development Goals (SDGs)

• SDG 10 (Reduced Inequalities): The legislation undermines tribal sovereignty and equitable access to land resources.
• SDG 11 (Sustainable Cities and Communities): Prioritizing state and local governments over tribal nations may lead to unsustainable land use and disregard for indigenous community needs.
• SDG 15 (Life on Land): Privatization of culturally significant lands threatens biodiversity, traditional hunting and fishing practices, and conservation efforts.
• SDG 16 (Peace, Justice, and Strong Institutions): The bill challenges legal agreements and treaty rights, potentially eroding trust and justice for tribal nations.

Conclusion and Recommendations

1. Tribal nations must be granted full, sincere, and government-to-government consultation rights in all decisions regarding public land sales.
2. Legislation should respect existing constitutional and treaty rights, ensuring tribal access to culturally and economically significant lands.
3. Policy frameworks should align with Sustainable Development Goals by promoting equity, sustainability, and justice for indigenous peoples.
4. Further dialogue and collaboration with tribal nations are essential to develop land management policies that support both development and indigenous rights.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 10: Reduced Inequalities
   • The article discusses the threat to tribal nations’ constitutional and treaty rights, highlighting inequalities faced by Indigenous peoples in land access and decision-making.
2. SDG 15: Life on Land
   • The issue of selling public lands managed by federal agencies such as the Bureau of Land Management and Forest Service relates to sustainable management and protection of terrestrial ecosystems.
3. SDG 16: Peace, Justice and Strong Institutions
   • The article emphasizes the need for respect of tribal sovereignty, treaty rights, and government-to-government consultation, which aligns with promoting inclusive decision-making and justice.
4. SDG 11: Sustainable Cities and Communities
   • The legislation concerns land near population centers and housing development, impacting sustainable urban planning and community rights.

2. Specific Targets Under Those SDGs

1. SDG 10 – Target 10.2: Empower and promote the social, economic and political inclusion of all, irrespective of ethnicity or indigenous status.
   • The article highlights the exclusion of tribal nations from land sale decisions and the denial of their rights to participate equally.
2. SDG 15 – Target 15.1: Ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services.
   • Concerns about selling public lands that are important for hunting, fishing, and cultural purposes relate to this target.
3. SDG 16 – Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.
   • The article stresses the lack of genuine consultation and participation of tribal nations in land management decisions.
4. SDG 11 – Target 11.3: Enhance inclusive and sustainable urbanization and capacity for participatory, integrated and sustainable human settlement planning.
   • The legislation’s focus on land near population centers for housing development impacts this target.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicator 10.2.1: Proportion of people living below 50% of median income, by ethnicity and indigenous status.
   • Implied through discussion of tribal economic rights and access to land resources.
2. Indicator 15.1.1: Forest area as a proportion of total land area.
   • Relevant to the management and potential sale of forest and public lands discussed.
3. Indicator 16.7.2: Proportion of population who believe decision-making is inclusive and responsive.
   • Implied by the concerns over lack of consultation and exclusion of tribes from decision-making processes.
4. Indicator 11.3.1: Ratio of land consumption rate to population growth rate.
   • Relevant to the proposed sale of lands near population centers for housing development.

4. Table of SDGs, Targets, and Indicators

Source: hcn.org