The Waccamaw Indians fought for federal recognition up until 2005 when they became South Carolina’s first recognized tribe. Federal recognition honors the tribes’ inherent rights of self-government, tribal sovereignty, and they are entitled to receive federal benefits, services, and protections because of their special relationship with the United States. In June 2006, the United Nations Declaration on the Rights of the Indigenous Peoples called for recognition of indigenous knowledge, cultures, and traditional practices. How these things contribute to sustainable development and proper management of the environment is also looked at. Loss of land due to environmental degradation threatens indigenous peoples since they rely heavily upon natural resources to keep their historic cultures alive.
The Federal Indian Trust Responsibility, or “trust doctrine”, holds the Federal Government accountable for upholding Native Americans’ cultural needs and rights. If there is any threat to Native American lands, it is the duty of the Federal Government to uphold the trust doctrine and manage those lands according to Native American needs. The public trust doctrine not only has potential for holding state and federal officials accountable to their citizens, but it also re-positions tribes in a sovereign framework that affirms a historic and continuing role in natural resources management, as trustees.
Under The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), the federal government, state governments and Indian Tribes act on behalf of the public as Natural Resource Trustees [CERCLA §107(f)(1); OPA §1006(c)]. Trustees often have information about the biological effects of hazardous substances, as well as the location of sensitive species and habitats that can assist the Environmental Protection Agency (EPA) in characterizing the nature and extent of site-related contamination and impacts.
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