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National Parks have a "trust responsibility" (i.e., fiduciary) to Federally Recognized tribal nations that is unique because of the sovereign status of both the federal government and individual tribal nations. Native Americans represent the only group in the United States that has a formalized relationship enshrined and stipulated within the Constitution, treaties, legislation, judicial decisions, Executive Orders, and policy. The National Park Service as an Executive Branch agency has a duty to carry out these mandates, legally, politically, ethically, and morally.
The area today known as Badlands National Park is the ancestral land for many Indigenous nations.
NPS Photo / Matthew Janis
Badlands' Responsibility to Indigenous Nations
At Badlands, these obligations in at least three focus areas:
One area of focus is with respect to the specific land status of the southern Unit of the park. The South Unit of the park is entirely on Tribal Trust land, meaning the land there is held in trust by the Federal Government for the use and benefit of the tribal members of the Oglala Sioux Tribe. In 1976, a Memorandum of Agreement was signed between the park and tribal government that outlined priorities and mutually beneficial items that both parties would seek to implement for the betterment of the American public and the citizens of the Oglala Lakota nation. These priorities include items such as, recruitment, fee revenue distribution, bison management, and others.
Another area of focus is to the signatories of the Ft. Laramie Treaties of 1851 and 1868. A popular misconception is that these treaties were invalidated by successive US violations. One such violation was the illegal seizure of the Black Hills, the illegality of which was affirmed in 1980 by the US Supreme Court. Despite these violations, the treaties remain law and Federal agencies have a responsibility to faithfully collaborate with Indigenous nations in ways that support treaty obligations.
And yet another final area of focus is to all nations who have histories associated with the natural and cultural landscapes of the park. This often falls under Section 106 of the National Historic Preservation Act, and other related legislation such as the Native American Graves and Repatriation Act. The park is required to consult with all tribes, in good faith, regarding any changes to the natural and cultural landscape that may impact anything relating to a nation's association with the site. This included, but is not limited to, construction, archaeological survey, etc.
Below is a list of all Associated Tribes with Badlands National Park, along with links to their webpages and present-day locations.
