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Development On Railway Reserve Land: A Preliminary Study
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The abuse of Native American populations and the injustices of fed-eral Indian policy have been well documented. Using the concept of distributive justice to frame the analysis, this article addresses five major Indian land-policy initiatives promulgated to "help" post-con-quest indigenous populations, some of the equity arguments used to rationalize them, and their effects on land ownership and terrestrial resources in the Yurok Indian Reservation of northern California. This article then examines the treatment of Yurok land tenure and natural resources over the last 150 years as an indicator of how equi-table these policies turned out to be. Maps of land claims and owner-ship are a graphic representation of the impacts of Indian land-policy initiatives. The cumulative result is an ecological legacy of land frag-mentation and loss of indigenous ecosystems that will continue to constrain access to economically and culturally significant resources now and in the future, creating an unprecedented terrain for tribal and ecological restoration. Lastly, this article argues that natural re-sources decision-making should consider the rights of the few as well as the good of the many and incorporate ecological sustainability as part of a multidimensional framework for assessing equity that in-cludes tribal rights on ancestral lands and the goal of distributive justice.
Indigenous rights complicate state-led planning with potentially important transformative effects. While rights may grant a particular kind of access to planning venues to create opportunities for challenging prevailing policy views about reconciliation, these opportunities may also be vulnerable to planning system changes. Drawing upon the case of Haida Gwaii, this paper tells a story about a dispute over territorial rights that have been squeezed out of institutional venues for over a century. In seeking to have this dispute heard, the Haida Nation have sought out blockades and the courts, achieving a collaborative planning arrangement with the Province of British Columbia in 2009. These events are set in contrast to a more recent environmental assessment that was initiated by the Government of Canada to consider the controversial Northern Gateway (tar sands) pipeline and tanker project. It is argued that a series of environmental planning reforms tied to this project review are likely to impinge upon the very strategies used by the Haida Nation to achieve collaboration.
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