Public Lands Did Not Come Free: What Trump’s Actions May Cost Tribal Nations  

All national parks are Native lands, but what does that mean? National parks, like all public lands, exist today because Tribes granted rights to the United States in exchange for the continued recognition of the rights they reserved for themselves to the land, water and resources of a geographical space. In other words, public lands did not come free — they were either granted or stolen from the land’s original stewards.

Most visitors may not think of this history when they visit a national park. But legally binding documents, such as treaties, formed a unique political relationship between the United States and Tribal Nations under the mutual recognition of sovereignty.

Sovereignty is the inherent authority of a Nation to govern itself. For Tribal Nations, this means that Tribal representatives have the power to form their own laws, manage their own affairs, and preserve the cultures and traditions of their community.

Although the legal standing of Tribal Nations as political entities predates the establishment of the United States, it is enshrined in the United States Constitution, treaties with Tribal Nations, federal policy and Supreme Court decisions.

This relationship is often referred to as the trust relationship — or trust doctrine, trust obligation or trust duty. Through treaty negotiations, the United States pledged to protect the citizens, health, education, and land and resource preservation of Tribes. The Supremacy Clause of the U.S. Constitution established that treaties, along with the Constitution and federal laws, are the “supreme law of the land.” Despite their age or broken promises, the treaties are living documents whose legal weight still stands.

The Park Service has the legal duty to engage with Tribal representatives — whether the issue is protecting a sacred site from becoming a parking lot, or working together to ensure the bison population is abundant and healthy.

Federal agencies, including the National Park Service, share in the responsibility to work with Tribes on a government-to-government level. This obligation is especially crucial for the Park Service, as it is charged with preserving the natural and cultural resources of the National Park System. Many of these resources are inextricably linked to the thousands of years of language, practices and cultural heritage of 574 federally recognized Tribes. Including my own, the Citizen Potawatomi Nation.

Because of this trust obligation, any federal decision-making and management of natural or cultural resources that could impact Tribal rights or traditional cultural practices, whether directly or indirectly, must involve Tribal input to protect any resources from harm. Also, some Tribes still obtain treaty rights of land within a park’s jurisdiction, which allows them to use the land for traditional hunting, fishing and ceremonial practices.

Guardrails for accountability

So why does this special relationship matter? Recent actions to reduce federal funding and staffing in national parks pose significant challenges to implementing these legal obligations.

Formal government-to-government consultation serves as the guardrails for accountability for the trust responsibility. For Tribal Nations, including the 130-plus Tribal partners NPCA works with regularly, the sharply reduced federal funding and staffing have a tremendous impact on carrying out core commitments, ranging from implementing stewardship agreements to standard compliance. Like the Park Service, many Tribes operate on shoestring budgets and without adequate capacity. So, without funds, they are severely restricted in the work they’re able to do.

For Tribal communities, the most critical staff for heritage preservation are the federally funded Tribal historic preservation officers (THPOs). These positions were created through the 1966 National Historic Preservation Act and are supported through the Tribal Historic Preservation Program, administered by the Park Service to ensure that Tribes have a voice in decision-making processes. THPOs are the first line of defense for the tangible and intellectual heritage of the Tribal Nations they represent — the unsung heroes of historic preservation.

Funding cuts tremendously impact the 200-plus THPOs, who ensure that the physical and intellectual integrity of Native sites aren’t exploited or depicted in a narrative without Native input, as has sometimes happened at national parks.

These important positions were initiated under the National Historic Preservation Act to represent Tribes in the act’s “Section 106” process, a clause the Trump administration has gutted by declaring an energy emergency. As a result of “emergency” status, the decision-making process related to constructing roads or building campgrounds, for example has been shortened from 90 days to seven — an insufficient amount of time for THPOs and federal agencies to conduct meaningful consultation and gather the public comments necessary to do their jobs effectively or within established legal requirements.

For the Park Service, cultural resource management professionals — such as archaeologists and anthropologists — have traditionally served as liaisons between the Tribal communities affiliated with their park units. These positions have already been scarce, leading to a backlog of consultations or outright exclusion of Tribes.

Having recognized the urgent need for meaningful engagement, the Park Service and other agencies had recently created dedicated roles with specialists skilled in working with Native communities. These roles, including Tribal Liaisons, coordinators for Native American Graves Protection and Repatriatian Act, and Native affairs specialists, are crucial for fostering genuine partnerships with Tribal communities and, more importantly, fulfilling the trust responsibility through consultation. While these improvements have enhanced Tribal engagement, funding cuts and illegal firings now threaten this overdue progress.

After these positions were axed by the new Department of Government Efficiency the agency had 26 positions with liaison duties left to consult with 574 federally recognized tribes, among many more descendant communities.

Though some positions are being reinstated, they still face the threat of an anticipated reduction in force. These positions are crucial for ensuring the agency fulfills its federal trust obligation to protect and support Tribal rights and resources. Without sustained support, the United States risks failing its trust obligations and undermining the sovereignty of Tribal Nations.

More than a physical place

Parks face a unique challenge. These awe-inspiring landscapes leave a profound and lasting impression on all who visit. It’s no surprise that many parks are situated on lands sacred to Native Americans. The overwhelming sense of grandeur and otherness that visitors experience in places like Redwood National Park or Yellowstone National Park was deeply felt by the Indigenous people who have called these lands home for millennia. For us, these parks are not just beautiful destinations, but hallowed spaces intertwined with our identity.

Protecting the places we love is deeply ingrained in human nature, across all communities. I think of where I grew up in rural Texas, where change was met with fierce resistance. The community clung tightly to the values and historic charm that defined our town — in particular, a historic mural on a prominent downtown wall that featured an infamous three-legged dog. When newcomers began to arrive, they brought with them a desire to leave their mark on their new home. After an artist who sought to breathe new life into the historic mural painted over it, it sparked an uproar among longtime community members. They were outraged that such a significant change could occur without being consulted.

This mural, like many sacred places, was more than just a piece of art — it was a symbol of how my townsfolks identified with home. More importantly, they wanted to be involved in the process to safeguard what mattered to them.

This sentiment resonates deeply with Native people who have long fought to protect our lands and resources. For us, the land is not just a physical space, but a place where our language and identity came to be. When our resources are threatened, it is not merely a loss of material wealth but an existential threat to our way of life and the preservation of our ancestral legacy. Just as my hometown rallied to protect its mural, Tribes stand firm to safeguard places sacred to our communities, so that they will endure for generations to come.

That is the very reason why the Park Service has the legal duty to engage with Tribal representatives — whether the issue is protecting a sacred site from becoming a parking lot, or working together to ensure the bison population is abundant and healthy. That is a relationship worth funding and supporting.

This National Park Service video shares the long journey of healing between the agency and the Hoonah Indian Association at Glacier Bay National Park.