Contrary to long-standing rules, national park managers are allowing Native Americans, even those not affiliated with any federally-recognized Tribes, to gather entire plants, roots or other plant parts from parks, according to agency documents reviewed by Public Employees for Environmental Responsibility (PEER). This widespread noncompliance occurs with the support of the National Park Service (NPS) Director who has declared the rules to be “wrong” and vowed their repeal.
There has been a general prohibition against removing plants, wildlife and other resources since the very first park system rules in 1936. The current version of the regulation was adopted during the Reagan administration in 1983, following the 1978 American Indian Religious Freedom Act (AIRFA).
Documents obtained by PEER under the Freedom of Information Act evidence widespread violation of these rules. Some park managers have done so by permits. Other parks such as Zion, Bryce and Pipe Springs entered into Memoranda of Understanding, without public involvement or required environmental reviews, and improperly citing AIRFA as authority, in open contradiction of the NPS’ official rules. Many of other violations are under the table without a paper trail, however. For example in 2009, the acting Superintendent of Yosemite National Park advised a gathering of Indians that they could take any plant they wished and did not need either a permit, or to report what or how much they had taken/
+ Read the PEER analysis of agency documents (PDF)
+ See the Inspector General complaint (PDF)
+ Look at the DOI Solicitor opinion that the rule is legally required (PDF)
+ Examine 2000 survey of major national parks reporting Indian wildlife hunting claims (PDF)
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