Sunday, December 7, 2014

Indigenous land rights case in the United States

(Reuters/Gary Cameron http://on.rt.com/sbi0xc)

           Environmental concerns impact the most vulnerable, or disadvantaged communities most dramatically. The class has explored several cases of land-rights disputes between small populations and larger governments around the world, including the Brazilian Amazon, Sierra Leone’s forests, Chiapas Mexico, and Somali pirate waters. One student commented that luckily, United States policy is no longer racially biased against the indigenous peoples. However, this Wednesday’s release of the “Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015” suggests differently.
            The House and Senate Armed Services Committee attached a provision to the National Defense Authorization Act, which would hand over a large portion of the Tonto National Forest to the foreign mining company, Resolution Copper. This land is important to the San Carlos Apache Tribe as burial, medicinal, and ceremonial grounds. Terry Rambler, the chairman of the tribe, stated that is where his people have gathered acorns, a food source that has sustained his people for as long as they know.
There is a deeper, historical importance, as it also surrounds the Apache Leap, a summit from which trapped Apaches once jumped to their deaths, rather than be killed by settlers in the late 1800’s. “Since time immemorial people have gone there. That’s part of our ancestral homeland," Rambler said, "We’ve had dancers in that area forever -- sunrise dancers -- and coming-of-age ceremonies for our young girls that become women. They’ll seal that off. They’ll seal us off from the acorn grounds, and the medicinal plants in the area, and our prayer areas.”
Resolution Copper will use a variety of “block cave” mining that digs underneath the ore and causes it to collapse from its own weight, which eventually cracks and subsides the surface land. This would not only threaten the historic and present use of the land, but the livelihood of future Apache generations. “What those mountains mean to us is that when the rain and the snow comes, it distributes it to us,” Rambler said. “It replenishes our aquifers to give us life.” It is unknown what impacts this will have upon water distribution once the land begins to subside.
Most United States citizens do not generally feel the impacts of scarcity, as the powerful and wealthy government is able to provide necessary resources and services to compensate for the world’s diminishing resources. However, this is an autonomous population that is acutely aware of the exploitation of their subsistence resources they depend upon.  Scarcity-induced social conflict usually involves renewable, less ‘lootable’ resources, such as water and arable land. Another case in the US includes the Hanford Nuclear Reservation in Washington State over 1,600 acres transferred for industrial development. With a growing number of cases of land disputes with the disadvantaged Native Americans, could this potentially develop into a much more vicious conflict as seen in Brazil?
Late Wednesday night, Rep. Tom Cole (R-Oka.) tried to offer an amendment to remove the Resolution Copper deal from the defense bill, but lost in the House Rules Committee on a 6-4 vote. The mine has filed an operating plan with the federal Forest Service and starting a review under the National Environmental Policy Act (NEPA). However, NEPA only applies to land that belongs to the federal government. Western environmentalism is growing popularity with increasing green initiatives and sustainability-conscience public. Indigenous lands serve as a loophole. Perhaps this reflects the dichotomy between indigenous environmentalism and western environmentalism. This demonstrates a need for public environmental dialogue to incorporate more holistic, universal, and intrinsic elements of indigenous environmentalism.   

McAuliff, Michael. “Congress Raids Ancestral Native American Lands with Defense Bill.” (Decmber 3, 2014). Huffington Post. http://www.huffingtonpost.com/2014/12/03/ndaa-land-deals_n_6264362.html

“Congress gives Native Americans lands to foreign mining company with new NDAA.” (December 4, 2014). RT. http://rt.com/usa/211531-native-indian-lands-mining/