Tradition, Sovereignty, and Conservation: The Controversy Surrounding the Wind River Indian Reservation Game Code

Abstract

Abstract In December 1983, a highly publicized slaughter of over fifty elk at Wind River Indian Reservation reignited a dispute between the reservation’s resident tribes—the Eastern Shoshone and Northern Arapaho nations—over wildlife management. In response to diminished big game populations, the Eastern Shoshone Tribe had passed hunting regulations in 1980, but the people of the Northern Arapaho Tribe refused to do so, effectively derailing any attempt to manage wildlife at Wind River. After the Bureau of Indian Affairs imposed a game code on the reservation in 1984, the Northern Arapaho Tribe initiated a legal battle that culminated in the 1987 case of Northern Arapahoe Tribe v. Hodel. The court ruled that because the treaty rights of the two tribes overlapped in the area of wildlife management and because research conducted by the U.S. Fish and Wildlife Service at the request of both tribes had revealed a need for hunting regulations, the U.S. government had the power to impose the Wind River Reservation Game Code. Although the tribes jointly manage wildlife today and big game populations now thrive at Wind River, it is important to examine the controversy that involved conflicting visions of and concerns about cultural traditions, tribal sovereignty, and wildlife conservation principles and practices. Exploring how Eastern Shoshones and Northern Arapahos viewed those subjects differently and how their longstanding rivalry at Wind River shaped this conflict highlights some problems with the simplistic and romanticized concept of the “Ecological Indian.”