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Integrated Resource Management Planning with the Ute Mountain Ute Tribe: Property, Place, and Governable Space

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Integrated Resource Management Planning with the Ute Mountain Ute Tribe: Property, Place, and Governable Space INTEGRATED RESOURCE MANAGEMENT PLANNING WITH THE UTE MOUNTAIN UTE TRIBE: PROPERTY, PLACE, AND GOVERNABLE SPACE By JACQUELYN AMOUR JAMPOLSKY B.S., University of California, Berkeley, 2008 J.D., University of Colorado, Boulder, 2014 A thesis submitted to the Faculty of the Graduate School of the University of Colorado, Boulder in partial fulfillment of the requirement for the degree of Doctor of Philosophy in the Department of Environmental Studies May 2014 This thesis entitled: Integrated Resource Management Planning with the Ute Mountain Ute Tribe: Property, Place, and Governable Space written by Jacquelyn Amour Jampolsky has been approved for the Department of Environmental Studies Joseph H. Bryan, PhD Kristen A. Carpenter, JD Date The final copy of this thesis has been examined by the signatories, and we find that both the content and the form meet acceptable presentation standards of scholarly work in the above mentioned discipline. IRB protocol # 13-0109 Jampolsky, Jacquelyn Amour (JD, Ph.D., Department of Environmental Studies) Integrated Resource Management Planning with the Ute Mountain Ute Tribe: Property, Place, and Governable Space Thesis directed by Associate Professor Joseph H. Bryan Abstract This dissertation seeks to give agency back to Tribes as conscious and deliberate actors in the resource management debate. It examines how the Ute Mountain Ute Tribe is implementing an Integrated Resource Management Plan and Cultural Resources Management Plan on the reservation through the lens of legal geography to argue that federally guided resource planning is both good and bad, but more importantly, is best for doing something else. This dissertation shows that the Tribe engages in resource planning to employ the governing power of property vis-à-vis resources in order to increase its power as a sovereign through new governable spaces outside of the reservation boundaries. By reconsidering the utility of resource management this dissertation suggests a ‘third-movement’ of property as a tool for re-ordering traditional relationships with the federal government that can be multiply employed both within and outside of the nomosphere of the state, broadly construed. In examining how the Tribe navigates the enmeshment of space, law, and power as means for asserting itself as a sovereign outside of reservation boundaries, this dissertation submits a model of Native territoriality that exists outside of traditional lands. In doing so, this dissertation pushes on the traditional role of place as necessarily generative and limiting of tribal sovereignty to promote a shift from an absolutist and land-based understanding of sovereignty towards an understanding of tribal sovereignty as a diffuse mode of governance. iii To Rose. First and foremost, I would like to thank Celene Hawkins. Without Celene this project would not have been possible. Thank you for making this possible, and for all the amazing work you do. To Terry Knight, Lynn Hartman, Jim Potter and all of the Ute Mountain Ute employees who guided me through this project. Thank you to my friends, family, and my fiancé Nicolas Blevins. Your indelible patience and support carried me through my graduate career. And finally I would like to thank my committee, Joe Bryan, Kristen Carpenter, Charles Wilkinson, Mara Goldman, and Jim Enote for your invaluable assistance, mentoring, and inspiration on this and other projects. v CONTENTS TABLE OF ACRONYMS ............................................................................................. ix LIST OF MAPS AND TABLES .................................................................................... xi CHAPTERS I. Introduction & The Theoretical Significance of Four-Wheelers ........................ 1 A. The Empirical Puzzle ............................................................................. 5 B. The Approach: Critical Legal Geography ............................................. 6 1. The Discipline ............................................................................ 6 2. My Take ...................................................................................... 8 C. The Methods .......................................................................................... 13 D. Chapter Outlines .................................................................................... 16 E. The Point ................................................................................................ 21 F. A Caution ............................................................................................... 21 II. The Double-Movement of Property ................................................................... 23 A. The Origins of Property and the Double-Movement ............................. 24 B. Complicating the Double-Movement with Colonialism, Violence, and Race ......................................................................... 27 C. Property as a Tool of Governance ......................................................... 31 1. Property as Technology .............................................................. 34 2. Property as Narrative .................................................................. 38 3. Property as Spaces of Inclusion and Exclusion .......................... 41 D. Conclusion ............................................................................................. 44 III. The Spatio-Legal Construction of Ute Mountain Ute ...................................... 46 A. The Beginning ....................................................................................... 47 B. Early Ute Tradition and the Induction to the Nomosphere .................... 49 vi C. Treaties, De-Territorialization, Re-Territorialization, and the Reservation Nomosphere .................................................................................... 54 D. The Ute Mountain Ute Tribe and Re-Making the Reservation Nomosphere .................................................................................... 68 E. A Note About Limits of a Tribal Nomos ............................................... 83 F. Conclusion .............................................................................................. 87 IV. Tribal Resource Management and Reservation Space-Making ....................... 89 A. Introduction to the IRMP and CRMP at Ute Mountain Ute .................. 90 B. The Jurisdictional Matrix of the IRMP/CRMP ...................................... 95 1. Tribal Lands ................................................................................ 96 2. Federal Lands ............................................................................. 100 3. State Lands ................................................................................. 106 C. The Legal-Regulatory Framework of the IRMP/CRMP ....................... 109 D. Content of the IRMP and CRMP ........................................................... 115 E. The Co-Management Debate ................................................................. 121 F. Conclusion .............................................................................................. 125 V. Making Resources and Making Governable Spaces ......................................... 127 A. Making Resources as Property ............................................................ 128 1. Visualizing .................................................................................. 129 2. Separating & Classifying ............................................................ 133 3. Valuing ....................................................................................... 136 B. Using Resources to Make New Governable Spaces .............................. 138 1. On the Reservation ..................................................................... 141 2. Off the Reservation ..................................................................... 147 C. A Third Movement of Property ............................................................ 151 D. Conclusion ............................................................................................. 153 VI. Power ........................................................................................................ 154 A. The Origins of Electricity and the Nomos of the Grid .......................... 154 vii B. A Legal Geography of Solar Energy ..................................................... 158 1. Solar Energy Development ......................................................... 159 2. Solar Energy Distribution ........................................................... 166 C. The Properties of Power and Power as Property ................................... 173 1. Visualizing .................................................................................. 174 2. Separating & Classifying ............................................................ 175 3. Valuing ....................................................................................... 177 D. A Third Movement: Governable Spaces and the Re-Imagining of Reservation Boundaries ...................................... 180 E. Conclusion ............................................................................................. 182 VII. What I Meant to Say and What I Hope it Means ............................................ 184 BIBLIOGRAPHY ........................................................................................................... 190 viii List of Acronyms AIARMA American Indian Agriculture Resource Management Act AIRFA American
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