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The concept of bio-cultural sovereignty is drawn from Native American Studies scholar Stefano Varese who explores the daily forms of biological and cultural resistance and adaptation in South America. This article extends Varese’s notions by exploring biological and cultural resistance in Native California with a particular focus on the continuing cultural practice of gathering. This article provides a case study analysis of the Lyng v. Northwest Indian Cemetery Protective Association (1988) Supreme Court case and uses traditional ecological knowledge to evaluate how bio-cultural sovereignty is affected by federal land management policies and Western constructions of ecology and the law. The methods are based in an interdisciplinary approach that embraces theoretical notions from linguistics, cultural anthropology, law, environmental justice, history, ecology, and Native American Studies. As a practitioner of traditional ecological knowledge, I offer an analysis of ecological gathering practices to argue that policies, procedures, methodologies, or experiments should be designed in a way that acknowledges the indigenous bio-cultural sovereignty of the land space. Tribes have enacted and continue to enact bio-cultural sovereignty, which solidifies their relationship with the land. Written policies can be used to protect Native interests and to develop a relationship between Native peoples and other agencies. Federal agencies can benefit from these partnerships as tribes can offer assistance to care for these land spaces, state agencies can alleviate potential funding issues for maintaining these areas, and researchers and academics can construct knowledge that incorporates traditional ecological practices to build solid, informed best practices.
Cutcha Risling Baldy (Fri,) studied this question.
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