Indigenous Knowledge as Evidence in Federal Rule-Making

Authors

Edward Randall Ornstein, Miccosukee Tribe of Indians of Florida

Abstract

Recent and historic federal guidance instructs agencies to consider Indigenous Knowledge in decision-making where it is available. However, tribal advocates are faced with many hurdles, in the form of “information quality” criteria, which requires the collection and dissemination of Indigenous Knowledge to conform to a complex set of procedural rules before agencies may be willing to consider it as evidence for rule-making. This Article seeks to define Indigenous Knowledge, highlight the hurdles to its implementation by federal agencies, and equip tribal advocates and officials with strategies and a demonstrative example of best practices for the packaging and presentation of Indigenous Knowledge in a manner which will give that knowledge the greatest chance of inclusion as evidence in agency decision-making.

Recommended Citation

Edward Randall Ornstein, Indigenous Knowledge as Evidence in Federal Rule-Making, 78 U. Mia. L. Rev. 409 (2024)
Available at: https://repository.law.miami.edu/umlr/vol78/iss2/5