Improving Citizen Participation in Environmental Decisionmaking: The Use of Transformative Mediator Techniques

1993 ◽  
Vol 11 (1) ◽  
pp. 103-117 ◽  
Author(s):  
C P Ozawa
Keyword(s):  
New York ◽  
Native American ◽  
Citizen Participation ◽  
The United States ◽  
Federal Agencies ◽  
Waste Incinerator ◽  
Policy Dialogue ◽  
Native American Tribes ◽  
Settlement Negotiations ◽  
Solid Waste Incinerator

Recent experiences in the United States suggest that mediators employ a number of techniques designed to resolve disputes over critical technical components of decisions. Some of these techniques, called ‘transformative mediator techniques’, both increase the knowledge base for decisions and enhance the abilities of resource-poor groups to protect and promote their interests. In this paper, elements of transformative and nontransformative mediator techniques are identified and discussed. Examples of mediator techniques are drawn from three cases: A regulatory negotiation to develop emission standards for wood stoves, a policy dialogue concerning a proposal to construct a solid-waste incinerator in New York City, and settlement negotiations in a fishery dispute involving three Native American tribes, the State of Michigan, and two federal agencies.

The United States of America

2015 ◽  
Author(s):  
Kim Dayton
Keyword(s):  
United States ◽  
Native American ◽  
United States Of America ◽  
The United States ◽  
Limited Range ◽  
Washington Dc ◽  
Large Country ◽  
Federal Authority ◽  
Native American Tribes ◽  
Sovereign Authority

The United States of America is a physically large country, occupying nearly 3.5 million square miles. Its population of more than 321 million persons is distributed unevenly across its physical area, with over half living in a state located on either its east or west coast. It comprises fifty states, two commonwealths, three territories, and a number of island entities variously called possessions or territories. In addition, there are currently 566 federally recognized Native American tribes, each of which has sovereign authority with respect to a limited range of matters. The capitol city of Washington, DC, is an independent district not located within any state; it has a local government and is also subject to federal authority in some areas.

“Lying about a Lie”: Racial Passing in US History, Literature and Popular Culture

2016 ◽  
Vol 50 (2) ◽  
Author(s):  
SINÉAD MOYNIHAN
Keyword(s):  
New York ◽  
Native American ◽  
Media Coverage ◽  
New York Times ◽  
The United States ◽  
Cultural Representations ◽  
Racial Passing ◽  
New Yorker ◽  
The Subject ◽  
Meaningful Relationships

In June 2015, the parents of Rachel Dolezal, president of the Spokane, Washington chapter of the NAACP, claimed that their daughter was passing as black. While she professed to be of mixed (white, African American) racial heritage, her parents asserted that she was of white European descent, with some remote Native American ancestry. The revelations precipitated Dolezal's resignation from her role at the NAACP and a flurry of articles about the story that were disseminated around the world on Twitter under the “Rachel Dolezal” hashtag. Much of the media coverage attempted to account for the fact that this story should elicit such impassioned reactions given that race has long been acknowledged as a performance. As Jelani Cobb wrote in the New Yorker, Dolezal had dressed herself in “a fictive garb of race whose determinations are as arbitrary as they are damaging.” This does not mean that Dolezal “wasn't lying about who she is.” It means that “she was lying about a lie.” Meanwhile, in the New York Times, Daniel J. Sharfstein pointed out that the kind of passing we saw in Dolezal's case – passing from white to black; so-called “reverse passing” – was not as historically uncommon as other writers had claimed. What is unusual is that Dolezal should feel the need to pass as black when there were no legal (and comparatively few social) obstacles to her forming “meaningful relationships with African-Americans, study[ing], teach[ing] and celebrat[ing] black history and culture and fight[ing] discrimination.” For Sharfstein, the explanation lies in the fact that “when blackness means something very specific – asserting that black lives matter – it follows for many people that categorical clarity has to matter, too.” The pervasive media and public interest in the Dolezal story confirms the ongoing fascination with racial passing within and beyond the United States, a popular interest that has its counterpart in the proliferation of academic studies of the subject that have been published in the past twenty years. The scholarly attention paid to racial passing inaugurated, arguably, by Elaine K. Ginsberg in her edited volume Passing and the Fictions of Identity (1996) continues unabated in two recent works on the subject. Julie Cary Nerad's edited volume Passing Interest is concerned with cultural representations of passing, while Allyson Hobbs's A Chosen Exile grapples with its history.

Addressing the Uncertainty and Requirements for Oil Spill Response Consultations

2014 ◽  
Vol 2014 (1) ◽  
pp. 1881-1898 ◽  
Author(s):  
Bradford Benggio ◽  
Debra Scholz ◽  
Dave Anderson ◽  
Joseph Dillon ◽  
Greg Masson ◽  
...  
Keyword(s):  
Native American ◽  
Oil Spill ◽  
The United States ◽  
Federal Agencies ◽  
Hazardous Substances ◽  
Federal State ◽  
Consultation Process ◽  
Planning Stage ◽  
Response Planning ◽  
Oil Spill Response

ABSTRACT In the United States (U.S.), oil spill response planning, preparedness, and response requirements are dictated primarily by the National Oil and Hazardous Substances Pollution Contingency Plan, a regulation that implements the Oil Pollution Act of 1990, the Clean Water Act, and the Comprehensive Environmental Response, Compensation and Liability Act. At the planning stage, these regulations require the development of national, regional, and local response capabilities and promote overall coordination among responders. During a spill, these capabilities are utilized by the Federal On-Scene Coordinator (FOSC) to analyze whether response actions are likely to impact protected resources. The consultation process required under Federal statutes, charges the FOSC to consult with Federal, state, Tribal entities, and other Federal agencies to determine potential effects of response actions during an incident and to develop strategies to avoid, minimize, and mitigate those effects (40 CFR § 300.135(j); § 300.305(e); and § 300.322(a), 1994). Consultations should continue until response operations are concluded and may continue after operations are complete. Four key regulatory mandates that require an FOSC to initiate consultation during a response include:Endangered Species Act of 1973, as amended requires consultation with US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) on federally listed species and designated critical habitats;Magnuson-Stevens Act requires consultation with NMFS on any action that may affect Essential Fish Habitats;National Historic Preservation Act of 1966, as amended requires Federal agencies to consult with states, federally recognized tribes, and other stakeholders on potential impacts to historic and cultural resources; andTribal Consultations under Executive Order 13175 – Consultation and Coordination with Indian Tribal Governments when federally recognized Indian Tribes and their interests are affected by a response. Consultation is also required under the Native American Graves Protection and Repatriation Act when Native American burial sites, human remains, funerary objects, sacred objects, or items of cultural patrimony are identified on Federal or Tribal lands during a response and no pre-consultation plan of action has been developed.1 Consultation requirements are not universally understood, leading to uncertainty and inconsistencies across the response community and Trustees regarding when to initiate and how to conduct the consultations. This paper discusses the Federal consultation requirements and identifies areas of possible uncertainties in the consultation process throughout the pre-spill planning, response, and post-response phases of an incident. This paper will suggest resolutions and recommendations to further enhance the consultation process by the Federal spill response decision-makers and planning bodies.

First Americans

2018 ◽  
Author(s):  
Thomas Grillot
Keyword(s):  
Native American ◽  
World War I ◽  
The United States ◽  
Tribal Sovereignty ◽  
World War ◽  
Native American Identity ◽  
Native American Tribes ◽  
First Americans ◽  
The Relationship ◽  
The U.S

This book depicts a forgotten history that explores how army veterans returning to reservation life after World War I transformed Native American identity. Drawing from archival sources and oral histories, the book demonstrates how the relationship between Native American tribes and the United States was reinvented in the years following World War I. During that conflict, 12,000 Native American soldiers served in the U.S. Army. They returned home to their reservations with newfound patriotism, leveraging their veteran cachet for political power and claiming all the benefits of citizenship—even supporting the termination policy that ended the U.S. government's recognition of tribal sovereignty.

New Discoveries and New Directions for the Archaeological Archives at the Autry Museum of the American West

2017 ◽  
Vol 5 (3) ◽  
pp. 280-288 ◽  
Author(s):  
Karimah Kennedy Richardson ◽  
Anna Liza Posas ◽  
Lylliam Posadas ◽  
Paige Bardolph
Keyword(s):  
Native American ◽  
American West ◽  
The United States ◽  
Storage Facility ◽  
Sound Recordings ◽  
Scholarly Publications ◽  
New Directions ◽  
Native American Tribes ◽  
New Policies ◽  
And Storage

ABSTRACTIn 2003, the Autry Museum of the American West merged with the Southwest Museum of the American Indian, which housed the second largest collection of Native American objects in the country. Included within this collection is the Braun Research Library Collection, which consists of works of art on paper, rare books, scholarly publications, manuscripts, photographs, correspondences, maps and sound recordings, and other archival materials, many of which relate to the early development of the disciplines of archaeology and anthropology in the United States. For over a century, both national and international researchers have used the museum's collections and archival materials with a relative open access. However, due to the culturally sensitive nature of many of these collections and the growth of how information can be made accessible, the Autry institution is currently developing procedures that affect access, especially for those researchers who wish to study archaeological archives. Staff from multiple departments are collaborating on addressing these concerns, including developing new policies while improving access to Native American tribes, communities, and researchers in preparation for the new off-site Autry Resources Center and storage facility where the collection will be housed in the future.

Genetic Ancestry Testing with Tribes: Ethics, Identity & Health Implications

Daedalus ◽  
2018 ◽  
Vol 147 (2) ◽  
pp. 60-69 ◽  
Author(s):  
Nanibaa' A. Garrison
Keyword(s):  
Native American ◽  
Genetic Variants ◽  
Sense Of Belonging ◽  
The United States ◽  
Genetic Ancestry ◽  
Cultural Identities ◽  
Family Stories ◽  
Native American Tribes ◽  
Recreational Use ◽  
Over Time

Genetic ancestry tests have gained in popularity across the United States as more Americans seek answers about their ancestral past. The tests have been used to verify or dispute family stories about ancestors or to allow people to seek a sense of belonging with a particular tribe or community. They can also be useful in medical research to identify genetic variants across populations. At the same time, assumptions about genetic testing – and the very idea of a “genetic” identity – pose challenges for communities that are defined in terms of political, social, and cultural identities. This essay explores a range of uses of ancestry tests and their potential implications for Native American tribes and communities. It concludes that the scientific and recreational use of genetic ancestry testing continues to increase over time, but limitations of the consistency of results across platforms and the generalizability of knowledge remain.

The Ponca Tribe of Nebraska: The Process of Restoration of a Federally Terminated Tribe

1992 ◽  
Vol 51 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Elizabeth Grobsmith ◽  
Beth Ritter
Keyword(s):  
Native American ◽  
Economic Status ◽  
The United States ◽  
United States Government ◽  
Non Profit ◽  
General Welfare ◽  
Complex Process ◽  
History Of ◽  
Native American Tribes ◽  
Government Data

The Northern Ponca, a small Plains farming and hunting tribe were legislatively terminated as a federally recognized tribe in 1962. Less than a decade after their termination, they reorganized in an attempt to reverse this decision, and proceeded with legal action to restore their status as a federally recognized tribe. During the 30-year period during which their federal status was lost, their population dispersed, their economic status, health, and general welfare declined, and their ability to practice their culture diminished. This article documents their efforts to restore their federally recognized tribal status, which would enable them to resume eligibility for services to which other Native American tribes are entitled. Following a review of aboriginal Ponca culture and the history of their relations with the United States government, data on the contemporary Northern Ponca are presented. The complex process of achieving restoration is outlined, from the formation of a non-profit tribal corporation to the development of the Ponca Restoration Act. The authors have served, as consultants to and witnesses for the tribe and assisted in preparation of materials for use by the federal government. The Ponca Restoration Act was signed by President Bush on October 31, 1990.

The native American graves protection and repatriation act in its first decade

1999 ◽  
Vol 8 (1) ◽  
pp. 77-107 ◽  
Author(s):  
JAR Nafziger ◽  
RJ Dobkins
Keyword(s):  
Native American ◽  
The United States ◽  
Federal Courts ◽  
Federal Agencies ◽  
Protective Measures ◽  
Cultural Patrimony ◽  
Cultural Affiliation ◽  
The Status ◽  
The Law

The global effort to protect indigenous heritage relies on national legislation. The Native American Graves Protection and Repatriation Act (NAGPRA) of the United States provides one model for accomplishing a broad agenda of protective measures. NAGPRA confirms indigenous ownership of cultural items excavated or discovered on federal and tribal lands, criminalizes trafficking in indigenous human remains and cultural items, and establishes a process of repatriation of material to native groups. In implementing the law, questions related to cultural affiliation, culturally unidentifiable material, the status of native groups not recognized by the federal government, and the scope of a group's cultural patrimony have been particularly troublesome. A case study of the repatriation process highlights issues in implementing NAGPRA and benefits in fostering consultation and collaboration among native groups, museums, and federal agencies. Finally, the article considers the controversies that have come before a statutory review committee and the federal courts during NAGPRA's first decade. This experience demonstrates the limitations of formal dispute resolution as a means of developing and implementing the law.

scholarly journals Characterization and Leachability Behaviour of Geopolymer Cement Synthesised from Municipal Solid Waste Incinerator Fly Ash and Volcanic Ash Blends

Recycling ◽  
2018 ◽  
Vol 3 (4) ◽  
pp. 50 ◽  
Author(s):  
Sylvain Tome ◽  
Marie-Annie Etoh ◽  
Jacques Etame ◽  
Kumar Sanjay
Keyword(s):  
Fly Ash ◽  
Municipal Solid Waste ◽  
Solid Waste ◽  
Environmental Protection Agency ◽  
Volcanic Ash ◽  
The United States ◽  
Waste Incinerator ◽  
Municipal Solid Waste Incinerator ◽  
Geopolymer Cement ◽  
Solid Waste Incinerator

Municipal solid waste incinerator fly ash (MSWI-FA) was used synergistically with volcanic ash (VA) to synthesize Geopolymer cement. The effects of the incorporation of 0%, 30%, and 50% of VA and the alkalinity of activating solution on the structure and properties were studied by using the X-ray diffractometer (XRD), Fourier transform infrared spectroscopy (FTIR), field emission gun scanning electron microscopy (FEG-SEM), and mechanical testing. The encapsulation efficiency of the cements was carried out by using a toxicity characteristic leaching procedure (TCLP). The geopolymerization of MSWI-FA promoted the formation of new minerals such as Thernadite (Na2SO4), Hydrocalumite (Ca4Al2O6(CO3)0.67(SO3)0.33), C-S-H, and Faujasite-Na(Na2Ca)0.075(Al0.3Si0.7)O2(H2O)0.22. The Geopolymer cement synthesized with the addition of 50% of VA at 6M NaOH concentration, which exhibited the most compact microstructure. This was the highest strength with the best encapsulation ability. The microstructure analysis of the MSWI-FA-VA system revealed the coexistence of C-S-H and N-A-S-H phases as the main cementitious binders. The TCLP results of cement vis a vis raw MSWI-FA showed the leaching of metals reduced to a great extent. This was much lower than the permissible limit fixed by the United States Environmental Protection Agency (USEPA) for the toxicity characteristic. Furthermore, an attempt was made to correlate the microstructure with mechanical properties.

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