Are there any legal protections for tribal lands in land use law?
Yes, tribal lands are protected under land use law in Pennsylvania. The tribal lands in Pennsylvania, including reservations, are protected by the Non-Intercourse Act of 1790, which is a federal law. This law prohibits any sale, lease, or other transfer of tribal lands, without the consent of the federal government. The Pennsylvania Land Recycling and Environmental Remediation Standards Act, also known as Act 2, also provides protection for tribal lands. This act sets out the rules and regulations for hazardous and non-hazardous waste remediation in the state. It also gives the Pennsylvania Department of Environmental Protection the authority to prohibit any activities that could be harmful to the environment. The Pennsylvania Department of Transportation is also responsible for protecting tribal lands. They have the authority to deny any permits or easements that could potentially harm tribal lands. They also have the power to revoke any existing rights granted to developers. Finally, the Pennsylvania Environmental Rights Amendment provides another layer of legal protection for tribal lands. This amendment states that every person has the right to a clean and healthy environment. This means that tribal lands must be protected from pollution, development, or any other activities that could be detrimental to the environment.
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