Protecting Native Lands

Self-Identification, Legal Action and the Case of Devil’s Tower

by Jane PojawaCalifornia State Polytechnic University, Pomona

What’s at stake?Native American spiritual beliefs and practices are tied to the land on which ceremonies are performed. Unfortunately, many of those sites are in danger because of limited access, development, and vandalism. Saving these sacred sites is critical to the preservation of indigenous culture and also for the preservation of world heritage and our nation’s natural beauty and diversity of species. A loss of sacred lands is a loss for all people, not solely Native Americans. How we meet this challenge will determine how humanity goes forward. Will we preserve the environment and honor its contribution to our culture or will we put the short-term gain of a few corporations and thrill-seekers ahead of the common good?

Native American Identity

According to the 2010 US Census, there are more American Indians now than at any time since the 1890s.5.2 million people self-identify as full or part Native American1.7 percent of all people in the United States. identified as American Indian and Alaska Native.

Native American IdentityAmerican Indian and Alaska Native alone population increased almost twice as fast as the total U.S. population, growing by 18percent from 2.5 million to 2.9 million.In addition, 78 percent of Native Americans live outside a reservation

Why the sudden population growth?

being able to self-report instead of proving tribal affiliation being able to be a member of more than one race general shift in societal attitude about the stigmatization of Native Americans

The American Indian Religious Freedom Act

“On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.”

Incarceration of Native Americans

The incarceration rate of Native Americans is 38 percent higher than the national rate. In South Dakota, Native Americans make up 8 percent of the state’s population, but they comprise 22 percent of the state’s male prison population and 35 percent of female prison populationLaw enforcement agents arrest American Indians and Alaskan Natives at twice the national rate for violent and property crimes. Receive longer sentences than non-Indians for crimes. Serve longer time in prison for their sentences than non-Native Americans. The suicide rate is higher among Native American inmates incarcerated in jails than non-Indians.

Bad Precedents

In 1989, the Supreme Court ruled that neither AIRFA nor the First Amendment of the Bill of Rights legally protect Native American’s holiest places. In its landmark decision in Lyng v Northwest Indian Cemetery Protective Association, the court found that private, corporate, and governmental land holders’rights to build and develop on their properties superseded the rights of American Indians’ freedom religion, even though the actions of land owners “could have devastating effects on traditional Indian religious practices.”

Case Study: Devil’s Tower

Sacred to 20+ TribesCeremonies disrupted by noisy rock climbersRocks damaged by climbing equipmentAgreement drafted by NPS challenged by rock climbersCourt ruling upheldClimbing limited May-July

No easy victories

Bear Lodge Multiple Use Association v. Babbitt was an exception. Native Americans lose lawsuits as often as not when trying to protect sacred sites on public lands. Still, resistance is growing stronger and non-native involvement can be a tipping point. It isn’t that native people need someone to rescue them; on the contrary Native American lawyers, seasoned activist/protesters, and a deep commitment to a spiritual cause make them the catalyst in many of these situations where ordinary citizens must take a stand against development.

Case Study: Keystone XL Pipeline

Leaders from 11 Native American tribes stormed out of a meeting with US federal officials in Rapid City, South Dakota, to protest the proposed Keystone XL pipeline, which they say will lead to ‘environmental genocide.’Native Americans are opposed to the 1,179-mile long Keystone XL project - a system to transport tar sands oil from Canada and the northern United States to refineries in Texas - for various reasons, including potential irreversible damage to sacred sites, pollution, and water contamination. Although the planned pipeline would not pass directly through any Native American reservation, tribes in proximity to the proposed system say it will violate their traditional lands and that the environmental risks of the project are simply too great.”

What can be done?

Be aware of the issues – you may have to dig because mainstream media tends to ignore these storiesMonetary donations and fund-raising are neededLetter writing / Phone calls to public officialsSpread the word