Native Americans
Nevada Tribe Says Coalitions, Not Lawsuits, Will Protect Sacred Sites as US Advances Energy Agenda
The room was packed with Native American leaders from across the United States, all invited to Washington to hear from federal officials about President Joe Biden's accomplishments and new policy directives aimed at improving relationships and protecting sacred sites.
Arlan Melendez was not among them.
The longtime chairman of the Reno-Sparks Indian Colony convened his own meeting 4,023 kilometers away. He wanted to show his community would find another way to fight the U.S. government's approval of a massive lithium mine at the site where more than two dozen of their Paiute and Shoshone ancestors were massacred in 1865.
Opposed by government lawyers at every legal turn, Melendez said another arduous appeal would not save sacred sites from being desecrated.
"We're not giving up the fight, but we are changing our strategy," Melendez said.
That shift for the Nevada tribe comes as Biden and other top federal officials double down on their vows to do a better job of working with Native American leaders on everything from making federal funding more accessible to incorporating tribal voices into land preservation efforts and resource management planning.
The administration also has touted more spending on infrastructure and health care across Indian Country.
Many tribes have benefited, including those who led campaigns to establish new national monuments in Utah and Arizona. In New Mexico, pueblos have succeeded in getting the Interior Department to ban new oil and natural gas development on hundreds of square miles of federal land for 20 years to protect culturally significant areas.
But the colony in Reno and others like the Tohono O'odham Nation in Arizona say promises of more cooperation ring hollow when it comes to high-stakes battles over multibillion-dollar "green energy" projects. Some tribal leaders have said consultation resulted in little more than listening sessions, with federal officials not incorporating tribal comments into the decision making.
Rather than pursue its claims in court that the federal government failed to engage in meaningful consultation regarding the lithium mine at Thacker Pass, the Reno-Sparks Indian Colony will focus on organizing a broad coalition to build public support for sacred places.
Tribal members are concerned other culturally significant areas will end up in the path of a modern-day Gold Rush that has companies scouting for lithium and other materials needed to meet Biden's clean energy agenda.
Melendez was among those thrilled when Biden appointed Deb Haaland to lead the Interior Department. A member of Laguna Pueblo, Haaland is the first Native American to serve as a Cabinet secretary.
Melendez, a former member of the U.S. Human Rights Commission who has led his colony for 32 years, said he understands the difficulty of navigating the electoral landscape in a western swing state where the mining industry's political clout is second only to the power wielded by casinos.
Still, he was disappointed Haaland declined an invitation to visit the massacre site.
"The largest lithium project in the United States and they don't even have the time to come out here and meet with the tribal nations in the state of Nevada," he said.
The tribe's lawyer, Will Falk, urged other tribes to resist "tricking ourselves into believing that just because the first Native American secretary of Interior is in office that she actually cares about protecting sacred sites."
Interior Department spokeswoman Melissa Schwartz didn't respond directly to that criticism but said in an email to The Associated Press that there has been "significant communications and partnership with tribes in Nevada."
The federal government in early December published new guidance for dealing with sacred sites. While Falk and others are skeptical, they acknowledged the document speaks to concerns tribes have raised for decades.
Among other things, the guidance says federal agencies should involve tribes as early as possible when planning projects to identify potential impacts to sacred sites and to determine whether mitigation measures can allay concerns. Agencies also should consult with tribes that attach significance to the project area, regardless of where they are located.
It also suggests Indigenous knowledge should be on equal footing with other sciences and incorporated into the federal decision-making process. That knowledge can consist of practices, cultural beliefs and oral and written histories that tribes have developed over many generations.
Justin C. Ahasteen, executive director of the Navajo Nation Washington (D.C.) Office, said the new guidance appears to have incorporated some of the recommendations made by tribal leaders but that it could have gone further.
"If this guidebook increases transparency in the consultation process, we will take it as a win," Ahasteen said. "But ultimately the thing we all seek is for the federal government to acknowledge the necessity of tribal consent before changing rules that affect tribes."
The problem, Falk said, is none of it is legally binding.
"These kinds of documents function more as pacifying propaganda," he said.
Western Shoshone Defense Project Director Fermina Stevens said the changes were "more 'lip service' for the government to deal with the 'Indian problem' in this new day and age of mineral extraction."
Morgan Rodman, executive director of the White House Council on Native American Affairs, disagrees. He said the guidance is intended to serve as a springboard to improve engagement with tribes and that the administration will be aggressive with training to make sure employees have an understanding of what sacred sites are.
"While change certainly doesn't happen overnight, it's part of a continuum of important policy statements — part of the momentum we've been building the last three years," he said in an interview.
Rodman made clear he wasn't referencing Thacker Pass, but some directives he highlighted have been key points of contention in that case.
U.S. Judge Miranda Du in Reno twice ruled the tribe failed to prove the massacre occurred on the specific grounds of the mining project, or that far-flung tribes had a legal stake in the fight. The 9th U.S. Circuit Court of Appeals upheld her earlier ruling in July.
The tribe says the government has ignored evidence that the land they consider sacred isn't limited to a specific site where the U.S. Calvary first attacked men, women and children as they slept.
They cited newspaper accounts, diaries and a government surveyor's report documenting human skulls discovered along a miles-long escape route crossing the mine site where troops killed and scalped those who tried to flee.
Tribal historic preservation officer Michon Eben said the whole stretch is an unmarked burial ground.
Melendez said he's pleased Biden has promised to enhance consultation.
But if federal agencies don't follow through, he said, "Well, it's just words that really don't mean anything to us."
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Native American tribe closer to acquiring more land in Arizona after decades of delay
Federal officials have joined with the state of Arizona to begin fulfilling a settlement agreement that was reached with the Hopi Tribe nearly three decades ago, marking what tribal officials described as a historic day.
Government attorneys filed condemnation documents on Friday to transfer dozens of square kilometers of state land into trust for the Hopi. The tribe will compensate the state nearly $4 million for more than 80 square kilometers of land near Winslow.
It could mark the first of more transfers of land into trust to help eliminate the checkerboard of ownership that characterizes much of the lands used by the tribe for ranching in northeastern Arizona.
A long time coming
Friday's filing was born out of the 1996 passage of the Navajo-Hopi Land Dispute Settlement Act, which ratified an agreement between the Hopi and federal government that set conditions for taking land into trust for the tribe.
The wrangling over land in northeastern Arizona has been bitter, pitting the Hopi and the Navajo Nation against one another for generations. The federal government failed in its attempt to have the tribes share land and after years of escalating conflict, Congress in 1974 divided the area and ordered tribal members to leave each other's reservations.
The resulting borders meant the Navajo Nation — the country's largest reservation at close to 70,000 square kilometers — surrounded the nearly 6,500-square-kilometer Hopi reservation.
Since the 1996 settlement, the Hopi Tribe has purchased private land and sought to take neighboring state lands into trust in hopes of consolidating property for the tribe's benefit.
A historic day
There have been many roadblocks along the way, including in 2018 when the tribe sought the support of local governments in northern Arizona to back a proposed transfer for land south of the busy Interstate 40 corridor. Those efforts were stymied by the inclusion of national forest tracts in the Flagstaff area.
Hopi Chairman Tim Nuvangyaoma said in a statement Friday that he was grateful for everyone who worked to make the condemnation filing a reality and that the timing for this historic moment was fitting.
"Within Hopi, it is our time of the soyal'ang ceremony — the start of the New Year and the revitalization of life," he said.
Gov. Katie Hobbs, who first visited the Hopi reservation in 2023, acknowledged that the tribe has been fighting for its rights for decades and that politicians of the past had refused to hear the voices of tribal communities.
"Every Arizonan should have an opportunity to thrive and a space to call home, and this agreement takes us one step closer to making those Arizona values a reality," she said Friday.
More transfers and economic opportunities
In November, the Navajo Nation signed a warranty deed to take into trust a parcel of land near Flagstaff as part of the federal government's outstanding obligations to support members of that tribe who were forcibly relocated as a result of the Navajo-Hopi dispute.
Navajo leaders are considering building a casino on the newly acquired land, saying such a project would provide significant economic benefits.
For the Hopi, bringing more land into trust also holds the promise of more economic opportunities. The state lands near Winslow that are part of the condemnation filing are interspersed with Hopi-owned lands and have long been leased to the tribe for ranching and agricultural purposes, according to the U.S. Justice Department.
Federal officials said Friday's filing is the first of an anticipated series of condemnation actions that ultimately would result in the transfer of more than 1440 square kilometers of state land into trust for the Hopi Tribe.
Media report: More than 3,100 Native American children died in US boarding schools
At least 3,104 Native American children died in boarding schools in the United States, taken from their families to be forcibly assimilated, The Washington Post reported on Sunday, with its estimate three times higher than that of the American government.
In these establishments, some of which were religious and which existed from the beginning of the 19th century to the 1970s, many children suffered physical, psychological or sexual violence, according to a recent government report which estimated that at least 973 students died there.
In late October, U.S. President Joe Biden apologized to Native American peoples, calling the atrocities "a sin that stains our souls."
According to The Washington Post, which conducted a year-long investigation, 3,104 students lost their lives in these schools between 1828 and 1970, in what the newspaper describes as "a dark chapter in American history that has long been ignored and largely covered up."
And the toll would actually be much higher according to historians, adds the newspaper.
The Washington Post says it has "determined that more than 800 of these students were buried in or near cemeteries at the schools where they attended, underscoring that, as in many cases, the children's bodies were never returned to their families or tribes."
According to documents seen by the daily, "The causes of death included infectious diseases, malnutrition and accidents."
Dozens of Native American students have died under suspicious circumstances, the article continues, "and in some cases, documents show indications of abuse or mistreatment that likely led to the children's deaths."
The boarding schools "were not schools" but "prison camps, work camps," Judi gaiashkibos, director of the Nebraska Commission on Native Americans and whose relatives were sent there, told the newspaper.
The Joe Biden administration has implemented a series of measures to support Native American nations and improve relations with the federal state.
In the United States, reservations now administered by Native Americans are predominantly poor, with high suicide and overdose rates.
In neighboring Canada, where the same practice of residential schools for young indigenous people existed, the country has also opened its eyes in recent years to this dark page of history.
Native American news roundup December 8-14, 2024
Tribal Nations Summit stresses federal responsibilities
President Joe Biden and Vice President Kamala Harris showcased historic investments in Indian Country with speeches and a 96-page progress report at this week's White House Tribal Nations Summit.
As VOA reported, Biden announced a new national monument on the site of the Carlisle Indian boarding school in Pennsylvania, which served as the model for hundreds of residential schools that forced children to abandon their traditions and languages.
Another move announced at the summit is a 10-Year National Plan on Native Language Revitalization to invest $16.7 billion to protect and restore Native languages in all 50 states. Today, fewer than 200 Indigenous languages are still spoken, mainly by elders, and experts warn that if no action is taken, only 20 will remain by 2050. The plan will establish a new Office of Native Language Revitalization to coordinate efforts and manage funding.
The administration announced new guidance for federal employees on treaty and tribal consultation obligations, as well as strategies for addressing the chronic underfunding of tribal programs.
It also released further guidance on federal support for tribes facing natural disasters, public health emergencies, and climate-induced relocation challenges.
Biden honored with 'Lightning and Thunder'
At the summit, Interior Secretary Deb Haaland and Assistant Secretary for Indian Affairs Bryan Newland gifted President Biden a traditional wool blanket made by Eighth Generation, a Seattle-based company owned by the Snoqualmie Tribe.
The blanket was designed by artist and metalsmith Pat Pruitt, who, like Haaland, is a member of the Laguna Pueblo in New Mexico. Pruitt named the design "Lightning and Thunder."
"I had no idea my blanket had been selected until friends sent me photos of the event," Pruitt said. "It is both humbling and meaningful to witness this recognition. As a former tribal leader, I deeply understand the significance of serving the people, as well as the hard work and sacrifices that come with it."
In many Native traditions, gifting a blanket is a gesture of respect for leadership and milestone achievements.
Texas high court to decide religious freedom case
The Texas Supreme Court was set to rule this week on whether the city of San Antonio's temporary closure of a park and plans to remove trees violate religious freedom.
For several years, the city of San Antonio has been fighting cormorants, large migratory birds that nest in the city's Breckenridge Park and cause damage to vegetation. City contractors have used chemical sprays, heavy pruning and aerial explosives to disrupt bird rookeries, but these methods failed.
Matilde Torres and Gary Perez, members of the Lipan Apache Native American Church, sued the city last summer, arguing the site is spiritually significant to their culture as it connects to their creation story. They say city plans would violate religious freedoms guaranteed by the Texas constitution.
The Lipan Apache is not a federally recognized tribe but was recognized by Texas in 2019.
The case made its way to the top court in Texas, which was expected to rule on Monday. At the time of this writing, a decision was still pending.
Wisconsin tribe agrees to end predatory lending in Minnesota
The Wisconsin-based Lac du Flambeau Band of Lake Superior Chippewa (LDF) has agreed to stop short-term, high-interest loan operations in Minnesota and to forgive over $1 million in outstanding loans. LDF had been providing short-term loans since 2012, including through a dozen online loan operations.
A ProPublica investigation this year revealed that the tribe charged interest rates as high as 800%, violating Minnesota's usury laws. The investigation says many of those loans ended up devastating borrowers across the country.
"I borrowed $1100 and agreed to pay $272 bi-weekly, with the thought that I would have that paid off in under 4 months," one borrower complained. "To my shock, I logged on to my account shortly after receiving the funds and my balance due is over $4000!"
Minnesota sued the tribe's lenders, which led to this settlement stopping that lending and canceling over $1 million in outstanding loans.
"My approach to this case and other tribal lending is to stop violations and harm while also preserving and respecting the tribes' sovereign status," stated Attorney General Ellison. "I am grateful for the defendants' cooperation in this investigation and agreement to cease further lending and collection activity in Minnesota."
Biden designates national monument at site of Carlisle Indian school
President Joe Biden has created a new national monument on the grounds of a former Indian boarding school in Pennsylvania, which served as the blueprint for hundreds of similar institutions across the United States.
“I want everyone to know,” Biden said. “I don't want people forgetting, 10, 20, 30, 50 years from now.”
Indian children from 140 tribes were taken from their families, tribes and homelands and forced to spend years at the school in the borough of Carlisle, he noted.
“It was wrong, and by making the Carlisle Indian School a national monument, we make clear that [that's] what great nations do. We don't erase history. We acknowledge it. We learn from and we remember, so we never repeat it again.”
Biden told the 2024 Tribal Nations Summit in Washington Monday that the monument will encompass 10 hectares (24.5 acres) inside what is today the Carlisle Army Barracks, including historic buildings and structures that once made up the school’s campus. These will include the brick and marble gateposts at the school’s entrance, which Carlisle students built by hand in 1910.
The U.S. Army will maintain operational control over the site, which is now home to the U.S. Army War College. The Army will collaborate with the National Park Service to oversee the planning and management of the new national monument, consulting with federally recognized tribes to ensure that the monument accurately reflects historic and contemporary impacts of the boarding school system on tribal members and communities.
“This addition to the national park system that recognizes the troubled history of U.S. and Tribal relations is among the giant steps taken in recent years to honor Tribal sovereignty and recognize the ongoing needs of Native communities, repair past damage and make progress toward healing,” said National Park Service Director Chuck Sams, a citizen of the Confederated Tribes of the Umatilla Indian Reservation in Northeast Oregon.
The announcement comes just six weeks after Biden’s visit to the Gila River Indian Community in Arizona. There, he gave a long-awaited apology to Native Americans for the boarding school era, calling it “one the most consequential things I've ever had an opportunity to do in my whole career as president of the United States.”
Earlier Monday, Interior Secretary Deb Haaland opened the summit with a speech focusing on the Federal Indian Boarding School Initiative she launched in May 2021.
The initiative resulted in a two-volume report that documented the history of the school system, accounting for 417 known schools and confirming more than 900 child deaths.
The initiative also included The Road to Healing, in which Haaland and Assistant Interior Secretary Bryan Newland traveled to 12 Native communities, giving survivors and their descendants an opportunity to share their boarding school experiences.
“So many of you spoke bravely and forthright[ly] … about the horrors you endured or the trauma that was passed down over generations. Those stories must continue to be told,” Haaland told the summit leaders.
As part of the initiative, the Interior Department engaged the National Native Boarding School Healing Coalition to conduct video interviews with boarding school survivors to create a permanent oral history collection.
Haaland announced that the Library of Congress and the Smithsonian’s National Museum of American History will partner to preserve their accounts for the public.
- By Anita Powell
Biden memorializes painful past of Native Americans
U.S. President Joe Biden on Monday presided over his final White House Tribal Nations Summit by reaching into the nation’s dark past and establishing a national monument to honor the suffering of thousands of Native children and their families in federal boarding schools in the 19th and 20th centuries. VOA White House correspondent Anita Powell reports from Washington.