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The Case for Returning U.S. Public Lands to Indigenous People

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Whittle is an enrolled tribal citizen of the Caddo Nation of Oklahoma and a descendant of the Delaware Nation of Oklahoma. Whittle’s cultural teachings guide the work that he does as a storyteller. Whittle tries to weave his Indigenous teachings of reciprocity into his creative process. Every story shared with him is a gift, and he strives to treat them that way

Since the start of Trump’s second term, his administration has fired thousands of federal workers across multiple public lands agencies, including the National Park Service, the Forest Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service. The effects of this are vast: It’s going to have a profoundly negative impact on the environment and the way millions of Americans enjoy public lands, cause immeasurable harm to America’s wildest places, and devastate the economies built around them.

After serving 12 years as a backcountry wilderness ranger for the U.S. Forest Service, I'm convinced there is an alternative: the U.S. needs to return its public lands to Native Americans. In fact, I believe that might be the only way to save our parks and forests from corporate privatization and destruction, as well as preserve public access to them. If the U.S. won’t properly care for its public lands, why not return them to their original caretakers?

This isn’t a new idea. Native Americans argued that treaty law required “abandoned” federal land to be returned to tribes during the occupation of Alcatraz Island by the American Indian Movement in the 1960s. In more recent years, the Landback Movement has given rise to increased calls for the return of territorial land to Indigenous Nations, and the return of land management based in Traditional Ecological Knowledge—expertise gathered from thousands of years of having deep relationships with specific environments. There’s a strong legal argument that land return is constitutionally required as damages due for hundreds of treaty violations. However, there’s also a lot of data showing Indigenous land management is more ecologically sound than government or industrially managed land. For instance, Project Drawdown, a global leader in science-based climate change solutions, estimates that returning 1,000 million hectares of land to Indigenous tenureship by 2050 would sequester over 12 gigatons of carbon dioxide.

Indigenous cultures teach us to give back to nature what we receive—even when that means sacrificing our bodies and freedom. During a blizzard on Dec. 5, 2016, thousands of military veterans gathered in protest at the Standing Rock Sioux Reservation to help the tribe resist the Dakota Access Pipeline, which was being illegally forced into the reservation’s drinking water and has spilled multiple times since. The veterans pictured here were honoring their oaths to the Constitution, which states that “all treaties are the supreme law of the land.” Joe Whittle
Lauryn French and Trinity Goombi of the Delaware Nation of Oklahoma (Lenape) purify themselves with sage smoke at Rockaway Beach, N.Y., before gathering sacred wampum shells during an October 2021 visit to the homelands their ancestors were ethnically cleansed from. “I just wanted to stand in the water and feel it. Even if it’s polluted, it’s still a part of us. I come from a piece of all of that,” says Lauryn. Many Indigenous people are taught to purify themselves and make offerings before gathering food and medicine from nature.Joe Whittle
Spring Alaska Schreiner (Inupiaq) sorts amaranth seed at her farm in Central Oregon in March 2022. She is the owner and principal ecologist and agriculturalist of Sakari Farms and the Pacific Northwest Tribal Seedbank, as well as an educator on regenerative Indigenous farming practices. The amaranth she grows is a superfood used by Indigenous Peoples of the Americas for over 8 thousand years. Its trade helped create ancient civilizations like the Mound Builders, and its resilience and nutritional quality could make it even more important today as the world faces the impacts of climate change on our food systems.Joe Whittle
Bison hunters from the Confederated Tribes of the Umatilla Indian Reservation finish a long day processing meat to feed their community after a hunt outside of Yellowstone National Park in January 2016. Indigenous conservation is not about denying the natural resources we need to subsist. Rather, it’s about how we utilize those things sustainably by following the Natural Laws. We are taught to never take more than we need, and always give back for what we take. That’s why Indigenous people have been instrumental in the recovery and conservation of the American bison, while still utilizing their gifts as an important food source.Joe Whittle

Public lands are responsible for over 20% of U.S. annual carbon emissions thanks to countless oil and gas leases across millions of acres of land and waterways, in addition to many other kinds of industrial leases. Returning those lands to Indigenous Peoples could eventually return them to being a net carbon sink—ecosystems that absorb more carbon dioxide from the atmosphere than they release—by massively reducing industrial extraction and increasing protection and restoration. This can be done while preserving the ability of all people to have access to healthy relationships with the land.

Nobody proposes that Indigenous management will always be perfect, or that every extractive practice will automatically cease. However, there is more than sufficient evidence that the land, and all those who value and depend on its well-being, would benefit immensely from its return. I’ve seen it personally, as an enrolled tribal member of the Caddo Nation and a descendant of the Delaware Nation, and in my work as a wilderness ranger. Year after year, I’ve been frustrated watching the government deny our department the funds we need to fully serve our duties to the land and public because it’s at the bottom of their priority list. I was taught by my Indigenous elders that nothing is more important than caring for the land; not just because the land also cares for us, but because we are part of the land and our identities are rooted within it.

Sustainability begins by following what many Indigenous communities refer to as the Natural Laws. They include principles such as: never take more than you need; always leave something for those who come behind; and always give back for what you receive. The laws teach us that nature builds order into the ecologies we are a part of, and it’s our job to follow it no matter how we utilize nature’s gifts. They also teach us the difference between taking from nature and receiving from nature. Taking something without reciprocity is an act of violence. To receive and give a gift is an act of love and respect. Indigenous People seek to emulate that in our relationships with nature. Our cultures view the natural world as our relatives rather than our “resources.” This creates reciprocity and sustainability with nature and each other.

Regenerative farm worker, Chah-pekw Jonny, a citizen of the Yurok Nation, burns dead grass to prepare the land for native seed planting at Sakari Farms in March 2022. Tribes such as the Yurok have long utilized fire as a tool for maintaining productive and healthy forest and grassland ecosystems. These cultural burning practices are important today not just for regenerative agriculture, but also in building climate change and wildfire resilience for impacted communities.Joe Whittle
Dr. Michael Kotutwa Johnson (Hopi) is a member of the faculty at the University of Arizona and a farmer who still uses the same fields his family has farmed for over 2 thousand years. He does that without irrigation or field rotation in a region with only 6 to 10 inches of annual rainfall, even though experts say his crops cannot be grown in less than 30 inches of annual rainfall. The ancient practices he utilizes to defy those constraints could be a key to food system resilience in the face of climate change and to rebuilding nutritional health for Indian Country and beyond.
Dr. Michael Kotutwa Johnson (Hopi) is a member of the faculty at the University of Arizona and a farmer who still uses the same fields his family has farmed for over 2 thousand years. He does that without irrigation or field rotation in a region with only 6 to 10 inches of annual rainfall, even though experts say his crops cannot be grown in less than 30 inches of annual rainfall. The ancient practices he utilizes to defy those constraints could be a key to food system resilience in the face of climate change and to rebuilding nutritional health for Indian Country and beyond.Joe Whittle
Paul Sheoships, a member of the Confederated Tribes of the Umatilla Indian Reservation fisheries department, harvests Pacific lamprey–an important tribal food source–at Oregon’s Willamette Falls[g]. The recovery of the nearly-extinct lamprey in the Pacific Northwest shows how Indigenous cultures ascribe equal value to every member of the ecology, even those often considered ugly or useless. For decades, lampreys were eradicated as “pest fish” because they interfered with commerce by clogging irrigation systems. Understanding their vital role to the ecosystem, tribes used treaty rights to press the government into protective action and have been instrumental in lamprey recovery.
Paul Sheoships, a member of the Confederated Tribes of the Umatilla Indian Reservation fisheries department, harvests Pacific lamprey–an important tribal food source–at Oregon’s Willamette Falls in June 2021. The recovery of the nearly-extinct lamprey in the Pacific Northwest shows how Indigenous cultures ascribe equal value to every member of the ecology, even those often considered ugly or useless. For decades, lampreys were eradicated as “pest fish” because they interfered with commerce by clogging irrigation systems. Understanding their vital role to the ecosystem, tribes used treaty rights to press the government into protective action and have been instrumental in lamprey recovery.Joe Whittle
Citizens of the Delaware Tribe of Indians sing the Lenape Flag Song as their nation’s flag is taken down after flying over Paterson Great Falls National Historic Park, N.J., during a cultural outreach program there in April 2023. The Delawares signed the first-ever Indian treaty with the U.S. ever signed in 1778, which helped turn the tide of the American Revolution. The treaty promised the Delawares their own state and representation in Congress in exchange for an alliance in the American Revolution. It was never honored by the U.S., and its negotiator Chief White Eyes was murdered by the Americans after they obtained what they wanted from the tribe.Joe Whittle

Indigenous civilizations have proven that societies can thrive sustainably for thousands of years through application of the Natural Laws. Those principles can even be applied to large-scale endeavors such as agriculture and trade. Native American agricultural technologies provide over 60% of the world's food supply today. Imagine a world without potatoes, tomatoes, or corn, for instance. Indigenous societies developed thriving civilizations around our relationships with plants and animals, working with nature to support human communities while following the Natural Laws.

Many of those practices are becoming more widely known today as "regenerative agriculture." Better yet, they can still be used on public lands to sustain local communities in place of harmful industrial extraction. Localizing food production can not only replace fossil fuel extraction on public lands, it can also reduce dependence on it for shipping.

The climate benefits of Landback go beyond reducing our use of fossil fuels. Indigenous history shows us that the Natural Laws can be applied to the way our communities trade resources with each other to build economies of reciprocity. For example, the Wampum Economy built a process of trade and exchange that facilitated living in sustainable abundance with nature in the Eastern Woodlands. Wampum (a quahog shell bead) is not a monetary currency, though it’s often been mischaracterized as such. Rather, it is representative of a familial bond formed in the exchange between communities, be they human or otherwise.

Nez Perce canoe carver, Allen Pinkham Jr., uses his tribe’s canoe culture to bring awareness to their push to remove the Columbia and Snake river dams to support fish recovery. Indigenous canoe cultures understand water and trees have their own independent relationships with each other. That’s why a log must be floated before being carved, and the exposed portion marked as the top of the canoe. If not, the canoe may roll and sink—because that preexisting relationship was not respected. Joe Whittle
Nez Perce tribal members prepare for a ceremony on July 29, 2021 to commemorate the purchase of land that was taken from them in violation of the Treaty of 1855. It’s been argued that the United States violated every Indian treaty it signed. When a treaty is broken, much like when a home is repossessed, the property exchanged should be returned to its original owner for breach of contract.Joe Whittle
My daughter and Caddo tribal member, River Whittle, gathers medicine at Caddo Lake, La, in October 2018. “Being in my homelands makes me feel like everything is okay. To belong somewhere is what we all want. The lands our ancestors come from provide that feeling,” she told me. Caddo Lake is known as the origin place of Caddo people. When the government forced us to Oklahoma, it is said some Caddos refused. Instead, they walked into the waters of Caddo Lake and drowned, rather than be separated from the ecology that defined them. Joe Whittle

Wampum built an economy modeled after the ecology itself and the reciprocal relationships woven into it. Returning economic use of the land to a model of engagement that follows the Natural Laws can rectify the harm that extraction and consumption have done to our climate. Indigenous people learned from the land and its older communities of life that the land manages us—we do not manage the land. The impacts of climate change are showing everyone that now.

That’s why I think tribal members from all nations should enjoin a class action lawsuit for damages due for treaty violations—and settle for the return of federal lands. Not just because justice and Constitutional law demand it, but because Natural Law does, too.

Landback will be good for every American, regardless of their race, politics, or religion. For instance, many tribes already offer areas for public recreation. Not only that, there’s a long history of Natives leasing land to non-Native families. The public land leasing system is set up to benefit big corporations over the working class families who also utilize it. Tribal entities are more likely to level the playing field by preferencing smaller family operations who are not seeking to take more than they need from the land, but simply to provide for themselves.

Trump’s attacks on America’s public land management agencies are simply the culmination of a decades-long political assault on the ability of federal land managers to properly care for the land sustainably. There’s good reason to believe they are setting land management agencies up to fail so they can justify privatizing America’s public lands. The Republican Party platform says they will, “open limited portions of Federal Lands to allow for new home construction.” One can imagine what real estate development on federal land might look like under Trump.

Lenape women and children participate in dip net fishing in their homelands for the first time in October 2023. This event at Mills Norrie State Park along the Hudson River was part of homeland immersion programming for the Lenni Lenapexkweyok, a matriarchal collective from the six Lenape nations, who are focused on restoring Lenape presence, culture, language, ceremonies, and ecological stewardship to the homeland their ancestors were forcibly removed from. In matrilineal-matriarchal Lenape culture, women oversee care for the land, as they are the nurturers of life and best understand how the land gives life. Since the removal of Lenape guardianship, the Hudson River has become one of the largest superfund sites in the country. Joe Whittle
Haudenosaunee (Iroquois) and Lenape (Delaware) tribal members learn about ice fishing in January 2024, during a food sovereignty event held between their peoples at the Frost Valley YMCA, in the Catskill Mountains. As Lenape people work to reestablish our presence in the homelands we were forcibly removed from, reconnecting with neighboring tribes who remained in the East through other histories is an important part of that journey. Groups like the Lenni Lenapexkweyok hope to reestablish the old relationships and protocols that were once part of our shared Wampum Culture.Joe Whittle
Kiowa elder, Lavetta Yeahquo, speaks to people gathered in front of City Hall in Lawton, O.K. on February 25, 2024 to protest the construction of America’s first cobalt-nickel refinery in the shared jurisdiction of the Comanche, Kiowa, Apache, Wichita, Caddo and Delaware tribes. It was approved by the city without consultation or consent from the tribes, or an Environmental Impact Statement. The refinery is only rated for an F2 tornado where F4’s occur. The Indigenous-led Westwin Resistance group says it’s an ecological disaster waiting to happen, and yet another example of Indigenous communities paying the highest costs for America’s insatiable energy appetite.Joe Whittle

The many hardworking civil servants who’ve lost their livelihoods to politics do apolitical things like clean bathrooms and maintain facilities in campgrounds, enforce regulations, fight fires, clear trails, issue grazing permits and timber leases, conduct ecological research, remove litter and refuse, restore environmental damage, protect archeological sites and Indigenous treaty rights, educate and inform visitors, and a long list of other important land management duties.

Who’s going to do all that now?

I have never seen the government come close to providing the care and protection the land needs in over a decade of service as a federal ranger. Not just because of the constant budget shortfalls, but because of the constant political pressures on policy making, as well. It’s not the fault of the people on the ground who are passionate about their jobs and who care for the land, but rather that of a system, which will never let them do what is best for it.

So why not return the land to those who’ve demonstrated over thousands of years they will care for it sustainably? Why not return the land to those whose identities are defined by it?

I asked my daughter River—pictured here in 2018 at Caddo Mounds State Historic Site while visiting our homelands for the first time—why she believes in Landback. “To be healthy, we need two things,” she told me. “We need to be close to each other, and close to the land. The land needs people who love it and advocate for it. Indigenous People have time-tested knowledge of what that looks like. We are here and ready to share this invaluable information. We just need access to the land, and to the people who want to care for it.”Joe Whittle

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