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Written by Gary F. Smith
Publish Date: 2024-11-04

Harvard Case - Negotiating from the Margins: The Santa Clara Pueblo Seeks Key Ancestral Lands

"Negotiating from the Margins: The Santa Clara Pueblo Seeks Key Ancestral Lands" Harvard business case study is written by Patricia Garcia-Rios, Pamela Varley, Kessely Hong. It deals with the challenges in the field of Negotiation. The case study is 23 page(s) long and it was first published on : May 22, 2014

At Fern Fort University, we recommend the Santa Clara Pueblo pursue a multi-pronged approach to reclaiming their ancestral lands. This strategy involves leveraging their strong cultural and historical ties, building strategic alliances with supportive organizations, and employing a combination of negotiation tactics to achieve a win-win solution with the current landowners.

2. Background

The Santa Clara Pueblo, a Native American tribe in New Mexico, seeks to regain ownership of 1,200 acres of ancestral land currently held by private landowners. This land holds significant cultural and spiritual value for the Pueblo, as it is the site of ancient ruins and sacred sites. The case study highlights the complex legal and political landscape surrounding Native American land claims, as well as the challenges of negotiating with private landowners who may have different priorities and perspectives.

The main protagonists are the Santa Clara Pueblo leadership, represented by Governor J. Michael Chavarria, and the private landowners, who are not specifically named in the case. The case also highlights the role of the Bureau of Indian Affairs (BIA) and the New Mexico State government, which have a vested interest in the outcome of the negotiations.

3. Analysis of the Case Study

This case study presents a complex negotiation scenario that requires a comprehensive understanding of various factors, including:

  • Power Dynamics: The Santa Clara Pueblo holds significant cultural and historical legitimacy, but they face a power imbalance in the negotiation due to the legal ownership of the land by private individuals.
  • Cultural Sensitivity: The negotiation requires a deep understanding of the Pueblo's cultural values and the significance of the land to their identity.
  • Legal Framework: The case study highlights the complexities of the Indian Land Claims Act and other relevant legislation that govern the process of land claims.
  • Economic Considerations: The private landowners may have financial interests in the land, which need to be addressed during the negotiations.
  • Stakeholder Management: The negotiation involves multiple stakeholders, including the BIA, the New Mexico State government, and potentially other Native American tribes with interests in the area.

Framework: To analyze the case, we can use a framework combining Game Theory and Principled Negotiation principles:

  • Game Theory: By analyzing the potential outcomes and payoffs for each party, we can identify the best strategies for the Santa Clara Pueblo to maximize their chances of success.
  • Principled Negotiation: This framework emphasizes focusing on interests, not positions, and finding mutually beneficial solutions.

4. Recommendations

  1. Build Strategic Alliances: The Santa Clara Pueblo should seek partnerships with organizations that support Native American land rights and environmental conservation. This could include non-profit organizations, legal advocacy groups, and other Native American tribes. These alliances can provide valuable resources, expertise, and political leverage.
  2. Develop a Comprehensive Negotiation Strategy: The Pueblo should develop a detailed plan that outlines their objectives, leverage points, and potential concessions. This strategy should be informed by a thorough understanding of the legal framework, the private landowners' interests, and the potential for alternative solutions.
  3. Employ a Multi-pronged Approach: The Pueblo should combine various negotiation tactics, including:
    • Interest-based negotiation: Focus on the underlying interests of both parties, such as cultural preservation, economic development, and environmental sustainability.
    • Distributive bargaining: Be prepared to negotiate on specific aspects of the land, such as access rights, development restrictions, or potential compensation.
    • Integrative negotiation: Explore creative solutions that address the needs of both parties, such as joint management agreements or land trusts.
  4. Leverage Public Opinion and Media: The Santa Clara Pueblo should engage in public awareness campaigns to highlight the importance of the land and build support for their cause. This can help generate pressure on the private landowners and government officials.
  5. Prepare for Litigation: While negotiation should be the primary focus, the Pueblo should be prepared to pursue legal action if necessary. This involves gathering evidence, consulting with legal experts, and exploring potential legal avenues for reclaiming the land.

5. Basis of Recommendations

These recommendations are based on the following considerations:

  • Core Competencies and Consistency with Mission: Reclaiming ancestral lands aligns with the Santa Clara Pueblo's cultural preservation mission and strengthens their community identity.
  • External Customers and Internal Clients: The Pueblo's efforts will benefit their community members and future generations, while also fostering positive relationships with supportive organizations and government agencies.
  • Competitors: The Pueblo may face competition from other Native American tribes or organizations with similar land claims, but their strong cultural and historical ties to the land provide a unique advantage.
  • Attractiveness: The potential benefits of reclaiming the land, including cultural preservation, economic development, and environmental sustainability, outweigh the risks associated with the negotiation process.
  • Assumptions: The recommendations assume that the Santa Clara Pueblo has the resources and commitment to pursue a comprehensive negotiation strategy, including legal action if necessary. They also assume that the private landowners are open to negotiation and potentially willing to compromise.

6. Conclusion

The Santa Clara Pueblo's quest to reclaim their ancestral lands presents a challenging but achievable goal. By leveraging their cultural heritage, building strategic alliances, and employing a multi-pronged negotiation strategy, the Pueblo can increase their chances of success. This process will require patience, perseverance, and a commitment to finding mutually beneficial solutions that respect the interests of all parties involved.

7. Discussion

Alternative options include:

  • Accepting the status quo: This would avoid the challenges of negotiation but would deny the Pueblo their cultural and spiritual connection to the land.
  • Focusing solely on legal action: This could be a lengthy and costly process with an uncertain outcome.

Key assumptions include:

  • The Santa Clara Pueblo has the resources and political will to pursue a comprehensive negotiation strategy.
  • The private landowners are open to negotiation and willing to compromise.
  • The BIA and New Mexico State government will support the Pueblo's efforts.

8. Next Steps

  1. Form a negotiation team: The Pueblo should assemble a team with expertise in law, negotiation, public relations, and cultural sensitivity.
  2. Develop a detailed negotiation plan: This plan should outline objectives, leverage points, potential concessions, and communication strategies.
  3. Reach out to potential allies: The Pueblo should initiate contact with organizations that can provide support and resources.
  4. Engage in public awareness campaigns: The Pueblo should communicate their story to the public and build support for their cause.
  5. Initiate negotiations with the landowners: The Pueblo should engage in open and respectful dialogue to explore potential solutions.

By following these steps, the Santa Clara Pueblo can increase their chances of reclaiming their ancestral lands and preserving their cultural heritage for future generations.

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Case Description

This negotiations case describes the approach, over time, of Santa Clara, a small Pueblo Indian tribe in New Mexico, to recover a piece of land tribal leaders viewed as integral to their ancestral homeland. Unlike many negotiations cases, which concern the strategizing of two or more powerful players, this case describes the evolving strategy of a small, marginal player, striving mightily for a seat at a negotiating table dominated by several powerful interests. Initially taking a rights-based line of attack, the Santa Clara Pueblo eventually adopted a more strategic approach, seeking to understand the perspective of the U.S. Forest Service, the New Mexico Congressional delegation, and other important stakeholders, and to frame its arguments in a way the agency representatives and politicians would find most compelling. The case ends partway through the final, detailed negotiation between Santa Clara and the U.S. Forest Service, when a tense standoff arose. At this juncture, Santa Clara faced a difficult choice-whether to accept a partial win, to walk away, or to fight for more and perhaps risk losing all. A brief sequel describes what Santa Clara did, what the U.S. Forest Service did, and the resolution ultimately embraced by both sides. Case number 2021.0

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