Nevada Tribe Advocates for Partnerships Over Litigation to Safeguard Sacred Sites Amid US Energy Push

In Reno, Nevada, a gathering of Native American chiefs from throughout the country convened to discuss President Joe Biden’s recent achievements and new initiatives aimed at strengthening ties and preserving sacred lands. Despite the high-profile Washington meeting, Arlan Melendez, the Reno-Sparks Indian Colony’s longstanding leader, was notably absent.

Choosing to remain 4,023 kilometers from the capital, Melendez held a local meeting to underscore his community’s determination to oppose the federal endorsement of a substantial lithium mining operation. This site holds profound historical significance due to the massacre of numerous Paiute and Shoshone ancestors in 1865. Despite facing consistent opposition from government attorneys, Melendez made it clear they are not surrendering but are instead adapting their approach to the legal battle.

This development in Nevada emerges as Biden’s administration and other senior federal officials renew their commitment to improving collaboration with Native American leaders on a range of issues, from increasing the accessibility of federal funds to integrating tribal perspectives into conservation and resource management strategies. The administration has also highlighted increased investments in infrastructure and healthcare within Native communities.

Some tribes have seen successes, such as those instrumental in the establishment of new national monuments in Utah and Arizona, as well as pueblos in New Mexico who have achieved a 20-year ban on new oil and gas development on vast expanses of federal land to protect areas of cultural importance.

However, the Reno colony and other groups, including the Tohono O’odham Nation in Arizona, express skepticism regarding the sincerity of the promised cooperation, especially in the context of lucrative green energy projects. Leaders from these tribes have voiced concerns that consultations often result in minimal action, with federal officials failing to integrate tribal feedback into their final decisions.

Melendez, who once served on the U.S. Human Rights Commission and has led his colony for over three decades, expressed disappointment that Interior Secretary Deb Haaland, the first Native American to serve as a Cabinet secretary, declined an invitation to visit the massacre site. The colony’s legal counsel, Will Falk, has called on other tribes to resist the illusion that the presence of a Native American secretary necessarily translates into meaningful protection for sacred sites.

While the Interior Department has not directly addressed these criticisms, spokesperson Melissa Schwartz has communicated that there has been “significant communications and partnership with tribes in Nevada.”

In December, the federal government released new guidelines for handling sacred sites, which, despite skepticism, acknowledge issues long raised by tribes. These guidelines suggest early tribal involvement in project planning to assess impacts on sacred sites, consideration of Indigenous knowledge alongside other scientific data in federal decision-making, and consultation with tribes with ties to the project area, regardless of their current location.

Justin C. Ahasteen, the Navajo Nation Washington Office’s executive director, acknowledged that the new guidance reflects some of the tribal leaders’ recommendations but feels it could have been more comprehensive.

The guidance is not legally binding, which is a concern for advocates like Falk, who views such documents as attempts to placate rather than enact substantial change. Fermina Stevens, Director of the Western Shoshone Defense Project, echoes this sentiment, labeling the changes as mere “lip service” in the government’s handling of Indigenous matters amidst the new wave of mineral extraction.

Contrarily, Morgan Rodman, the executive director of the White House Council on Native American Affairs, believes the guidance is a step toward enhanced engagement with tribes and commits to thorough training to ensure federal employees comprehend the significance of sacred sites.

While the guidance isn’t directly related to the Thacker Pass case, some of its directives are pertinent to the dispute. U.S. Judge Miranda Du in Reno has twice ruled against the tribe’s claims that the massacre occurred on the mining project’s grounds, a decision upheld by the 9th U.S. Circuit Court of Appeals.

Despite federal assertions, the tribe maintains that the sacred land extends beyond a singular site, citing historical evidence of a massacre trail crossing the mine’s location.

Tribal historic preservation officer Michon Eben has identified the entire area as an unmarked burial ground. Melendez acknowledges Biden’s pledge to improve consultations but remains cautious, noting that without actual enforcement by federal agencies, such promises are empty to his people.

Native American leaders across the US were invited to Washington to discuss President Biden’s new policies for improving relationships with tribes and protecting sacred sites. However, Arlan Melendez, the chairman of the Reno-Sparks Indian Colony, held a separate meeting in Nevada to address the US government’s approval of a lithium mine on a site where a massacre of Paiute and Shoshone ancestors occurred in 1865.

Despite the Biden administration’s efforts to work more closely with Native American tribes, including increased spending on infrastructure and healthcare, and the creation of new national monuments, some tribes remain skeptical. They feel that their concerns, especially regarding “green energy” projects, are not genuinely considered in decision-making processes.

Deb Haaland, the first Native American Cabinet secretary, has been a symbol of progress, but Melendez expressed disappointment in her declining an invitation to visit the massacre site. The tribe’s lawyer, Will Falk, suggested that tribes should not be misled into thinking that Haaland’s position guarantees protection for sacred sites.

The Interior Department has issued new guidance for dealing with sacred sites, emphasizing early tribal involvement in project planning and incorporating Indigenous knowledge into federal decisions. However, critics like Falk argue that this guidance is not legally binding and may serve as mere “pacifying propaganda.”

The White House Council on Native American Affairs claims the guidance is a step toward better engagement with tribes, but the Reno-Sparks Indian Colony remains concerned about its effectiveness. They have cited historical evidence of the massacre’s broader impact across the land, which has been overlooked in legal battles. Melendez acknowledges Biden’s promises to enhance consultation but remains cautious, suggesting that without proper agency follow-through, these promises are empty.

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