One original model for this form of tribal litigation is depicted in University of Virginia professor Christian W. McMillen’s excellent study, Making Indian Law: The Hualapai Land Case and the Birth of Ethnohistory. Professor McMillen details the famous Indian land claim case United States v. Santa Fe Pacific Railroad Co., decided in 1941 by the Supreme Court, from its origins in a military order that recognized a Havasupai Nation boundary line that was about one-third of the nation’s traditional territory in 1881, confirmed by President Chester Arthur’s Executive Order on 4 January 1883. But, like many western reservations, railroad monopolies convinced Congress to open up the reservation boundaries to their interests. In early 1883, the Atchison, Topeka, and Santa Fe Pacific Railroad laid claim to the best water source on the reservation, Peach Springs, located on what became Route 66, leading to the conflict that consumed the Havasupai Indians for the next several decades. The Havasupai Reservation rests on lands that border a portion of the Grand Canyon’s southern edge in northern Arizona. Much of the land appears myth because it enables them to justify the appropriation of the land on the grounds that it is in need of management. In chapter 10, Madonna Moss describes Tlingit horticulture in Southeast Alaska, the northernmost portion of the Northwest Coast. Moss characterizes the Tlingits’ precontact management of indigenous plants as a system of selective harvesting. The exception was tobacco, which was grown prior to European contact using the horticultural management techniques of seeding, weeding, hydroponic nft and fertilizing. She proposes that it was their expertise with tobacco that enabled these people to raise the horticultural crops introduced in the eighteenth century successfully.
In the final case study, Douglas Deur describes the creation and maintenance of estuarine gardens by indigenous communities. Keeping it Living is a shining example of scientific reevaluation and concentrated inquiry of a long-held perspective, and it is as necessary as it is exemplary.Litigation involving Indian claims in the modern era often revolves around the complex and expensive reports prepared by ethnohistorians, historians, anthropologists, and other experts. Any claim involving the meaning of a treaty provision or whether a tribe qualifies for gaming on lands acquired after 1988 or even whether a tribe should be federally recognized will involve this battle of experts. Tribal victories in the Sioux Nation’s Black Hills land claim, Pacific Northwest and Great Lakes treaty fishing rights, and eastern land claims would have been unobtainable without careful expert testimony. One original model for this form of tribal litigation is depicted in University of Virginia professor Christian W. McMillen’s excellent study, Making Indian Law: The Hualapai Land Case and the Birth of Ethnohistory. Professor McMillen details the famous Indian land claim case United States v. Santa Fe Pacific Railroad Co., decided in 1941 by the Supreme Court, from its origins in a military order that recognized a Havasupai Nation boundary line that was about one-third of the nation’s traditional territory in 1881, confirmed by President Chester Arthur’s Executive Order on 4 January 1883. But, like many western reservations, railroad monopolies convinced Congress to open up the reservation boundaries to their interests. In early 1883, the Atchison, Topeka, and Santa Fe Pacific Railroad laid claim to the best water source on the reservation, Peach Springs, located on what became Route 66, leading to the conflict that consumed the Havasupai Indians for the next several decades.
Strawberry production in California accounts for more than 80% of total U.S. production, with an annual farm gate value of $1.10 billion , which is four times greater than all other states combined . In addition, California produces nearly one billion strawberry transplants each year in nurseries, and these transplants must meet strict phytosanitary standards for local production and export. Such a profitable industry in California has been made possible by the fumigation technology developed in the 1950s with methyl bromide and chloropicrin . Since then, preplant fumigation with methyl bromide and chloropicrin has become an integral part of the California strawberry production industry , and nearly all conventional strawberry production occurs in fumigated soils . Annual soil fumigation has contributed to the control of soilborne pathogens, nematodes, and weeds while also boosting the yields of strawberry plants. Historically, this also allowed breeding programs to focus on improving horticultural characteristics of strawberry cultivars in lieu of emphasizing disease resistance. Because of the negative effects of methyl bromide on stratospheric ozone, the fumigant was designated as a class I stratospheric ozone depleting substance by the Montreal Protocol and as a significant risk to human health . The continued availability of this efficient fumigant for agricultural soil fumigation beyond the 2005 phase-out date will be through critical-use exemptions. It has been estimated that annual losses in short term net farm income in California will be more than $162 million, with strawberry accounting for more than 60% of these losses . Over the past 10 years, research has focused on identifying alternative fumigants with efficacy comparable with methyl bromide . Alternative fumigants such as chloropicrin and Telone C35 have been identified, and improved application techniques have been developed to reduce emissions .
Although chloropicrin is as efficacious as methyl bromide + chloropicrin at high rates, these are not feasible for the growers due to regulatory limits placed on application rates. Regardless, chemical alternatives to methyl bromide will be subjected to increasing review and regulation and they may not be readily available over the longer term. It has been estimated that soilborne diseases caused by Pythium, Phytophthora, Cylindrocarpon, Macrophomina, Rhizoctonia, and Verticillium spp. result in 20 to 30% strawberry yield losses in the absence of fumigation . Therefore, longer-term research is required to develop nonchemical alternatives, and their adaptation will require effective integration with other methods of disease, pest, and crop management . In the post-methyl bromide era, Verticillium wilt is likely to reemerge as a major disease for conventional strawberry production. The disease already is a major problem in some organic production fields. In strawberry, symptoms begin to appear during early to mid-season, with outer leaves on infected plants turning yellow, drooping, and later turning brown and dry. Yield from these affected plants can be dramatically reduced and infected plants usually die before the end of the season . The fungus survives in the soil as microsclerotia for many years, and survives better in sandy loam soils typical of strawberry production fields in coastal California than in other types of soil . Large numbers of microsclerotia are formed in colonized tissue of susceptible crops, and a few are formed even on non-hosts . Whether microsclerotia are formed on infected strawberry plants is not known. Resistance to Verticillium wilt is unavailable in currently used commercial cultivars and tolerance in these cultivars is low. With the phase out of methyl bromide and possible future loss or restrictions on the use of alternative fumigants, hydroponic channel resistance to Verticillium wilt has now become a selection criterion in some breeding programs. As a result, resistance to Verticillium wilt in locally adapted strawberry cultivars may increase over time. The concept of rotating crops to manage plant diseases is perhaps one of the oldest cultural practices in agriculture . The utility of this practice in reducing Verticillium dahliae inoculum and subsequent disease intensity has been equivocal . Microsclerotia of V. dahliae survive in the soil up to 10 years, and the extensive host range and lack of host specificity reduce the usefulness of some crop rotations for Verticillium wilt management . However, recent work has shown that rotations with broccoli dramatically reduce microsclerotial numbers and Verticillium wilt incidence in susceptible crops. If rotations of broccoli are successful in strawberry, they will be equally applicable to both conventional and organic strawberry production systems. Although the benefits of rotations are numerous and quantification of these benefits in dollar terms is difficult, simple cost-benefit analysis of adapting rotations will inevitably lead to a better understanding of their composite benefits. Such information also may lead to increased adoption of crop rotations. The objectives of this study were to determine the effect of crop rotation on soil borne fungal inoculum density, disease severity, and strawberry growth and yield; to assess the effectiveness of crop rotation in soil with no detectable Verticillium spp. to improve strawberry growth and yield; and to obtain a cost-benefit analysis of this method of managing Verticillium wilt in strawberry. Strawberry plants grown in plots rotated with lettuce at both locations had a significantly smaller canopy diameter than other rotation treatments. In Watsonville, broccoli- and Brussels sprouts-rotated plots and fumigated control plots, plants had a greater canopy diameter than strawberry plants in lettuce rotation plots . In 2000, the canopy diameter of strawberry plants was higher in fumigated control and broccoli rotation plots than in the lettuce and Brussels sprouts rotation plots.
Subsequently, however, the highest canopy diameter was observed in the fumigated control, followed by broccoli, Brussels sprouts, and lettuce rotation plots . At the Salinas site in 1998, strawberry plants in broccoli-rotated plots had the highest canopy diameter, and the differences between fumigated control and other rotations were variable. Conditions during fumigation in 1998 were not optimal; hence, strawberry plants did not show the typical robustness in these plots . In 2000, the response of strawberry canopy diameter to various rotation treatments was typical of what was observed at the Watsonville site, with the plants being more robust in the fumigated control followed by broccoli, cauliflower, and lettuce plants. There were significant differences between each of the treatments on both assessment dates . Repeated-measures ANOVA indicated that the rotation treatments significantly affected disease severity on strawberry for all observation dates at both locations. The highest wilt severity was observed in the lettuce rotation plots throughout the season in 1998 at the Watsonville site and the lowest was in the fumigated plots . Broccoli rotation plots had the lowest wilt severity among the three rotation treatments. Even though the differences in wilt severity between fumigated and broccoli rotation plots were significant through much of the season, final wilt severity was nearly identical between the two treatments . Wilt severity in the Brussels sprouts rotation plots was intermediate between broccoli and lettuce rotation plots throughout the season . In 2000, the onset of Verticillium wilt occurred 3 weeks later, and the severities were lower relative to 1998 . The response of different treatments, however, was nearly identical to 1998, with the least wilt severity recorded in fumigated plots followed by broccoli, Brussels sprouts, and lettuce . Final wilt severity in fumigated plots and plots that had broccoli residue incorporated was nearly identical and not statistically significant from each other . As in the Watsonville site, disease severity in the Salinas site was highest in the lettuce rotation treatment during both 1998 and 2000 . Because of the inefficient fumigation in 1997, disease severity on strawberry plants in fumigated plots was higher than in plots that had broccoli residue incorporated in 1998. However, there were no significant differences between these two treatments during the 2000 season . Strawberry plants in the broccoli-rotated plots showed a consistently lower disease severity than in the remaining vegetable rotation plots during all observed dates. Overall strawberry yield was higher in Salinas than in Watsonville . The fumigated control treatment produced the highest marketable and total yields at both locations until comparable dates of harvest . The experiment at Watsonville was terminated earlier but was continued at the Salinas site; hence, the final yields appear comparable between the two sites . Among the vegetable rotation treatments during both seasons at both sites, plots that had broccoli residue incorporated produced the highest strawberry yield. In 1998, total strawberry yield was about 22% less in plots with broccoli rotation relative to the fumigated plots in Watsonville. However, in 2000, fruit yield in fumigated plots was only 12% higher than in broccoli-rotated plots. Plots with lettuce rotation consistently had the lowest strawberry yield at both sites during both seasons. In Watsonville, Brussels sprouts plots had intermediate strawberry yield in 1998 but lowest yield in 2000 when it was similar to that in lettuce rotation plots. In 2000, the difference in yield between the lettuce and broccoli rotation plots was greater than in 1998 at the Salinas site .