Drawing Lines in the Sea
Indigenous Sovereignty Through the Coastal Zone
Tyler Hall
Abstract
Where sovereign entities and physical states of matter intersect, brightline rules become increasingly arbitrary and enigmatic. Coastal law and American Indian law—two such complex frameworks within the United States—have evolved along dramatically divergent paths despite sharing similar beginnings. Both emerged from constitutional gaps, were shaped by Supreme Court decisions favoring federal authority, and faced aggressive executive power assertions. However, a critical legislative fork created starkly different power dynamics that persist today: Congress granted states substantial control over coastal zones while tightening federal grip on Indigenous lands. This article traces the divergent evolution of these legal frameworks through the lens of the Yurok Tribe’s ongoing sovereignty struggle for their ancestral coastal territory. By examining how the state-versus-federal battle over submerged lands culminated in the landmark Submerged Lands Act and Coastal Zone Management Act, we uncover valuable distinctions that could inform a new approach to Indigenous self-determination. The article concludes by presenting three legislative pathways that could apply coastal law’s distribution of power to strengthen Tribal sovereignty in the twenty-first century.