A federal judge in Nevada has dealt three tribal nations a legal setback in their efforts to stop what could be the construction of the country's largest lithium mine. They claim it will destroy habitat for wildlife species and parts of Native American culture.

Judge Miranda Du granted the tribes the ability to amend their complaint against the Bureau of Land Management, which they claim fast-tracked the project to meet growing demand for lithium.

The Department of the Interior is hosting its 2023 White House Tribal Nations summit in Washington this week, focusing on "strengthening nation-to-nation relationships" and "protecting tribal homelands in an era of climate change."

Jimmy John Thompson, a member of the Timbisha Shoshone Tribe, feels Nevada is being overrun by clean-energy projects, and argued that tribal communities will be left behind.

"And some of it is even being funded by the federal government," Thompson said. "None of that funding is going to the tribes, and we also feel like we are going to be the ones facing the biggest impact there. An entire state is just being overrun by folks from Canada and South America, looking at lithium mines and everything else, including nuclear."

President Joe Biden has contended his administration has made what he calls "record investments for tribal nations," but also has acknowledged there is more to do. Biden considers the bipartisan infrastructure law and the Inflation Reduction Act "game changers" for Native communities across the country, especially in the fight against climate change.

Bryan Newland, assistant secretary for Indian Affairs at the Interior Department, said about 80% of the world's biodiversity in stewarded by Indigenous people. During this week's panel discussion, he highlighted the benefit and importance of co-stewardship on public lands.

"Many sacred places are found on what are now called public lands, because those lands were taken through various means and they are no longer in tribal ownership on paper," said Newland. "But that doesn't mean there is not a protected interest in protecting those places and accessing those places."

Newland argued that tribal lands will play a "critical role in helping solve climate change." Since taking office, Biden has created five national monuments using the Antiquities Act, including Avi Kwa Ame in the Silver State earlier this year.

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CORRECTION: An earlier version of this article incorrectly referred to Tribal Nations as Tribal stakeholders. It also did not mention the National Monument Designation would be within the National Park System. (8:37 a.m PST, May 1, 2024)

Native American tribes in Nevada are calling for designation of a new national monument within the National Park System in east central Nevada.

They say Bahsahwahbee, commonly known as Swamp Cedars in White Pine County, holds cultural and spiritual significance for tribal nations.

Alvin Marques, chairman of the Ely Shoshone Tribe, explained Bahsahwahbee was a place of religious gatherings, healing ceremonies and celebrations, which made it a target for settlers who expanded into Indigenous "Newe territories" of the Western Shoshone Tribe. It was also the site where the largest known Indian massacre in U.S. history took place.

Marques said the federal government now has the chance to stand with tribes and honor Bahsahwahbee.

"It, in the past, was a place of celebration and became a place of mourning," Marques emphasized "It means enough to me that it needs to be protected forever. It would mean a lot for all the tribes involved and it's way overdue."

He pointed out before the tragedies, Bahsahwahbee was a place of happiness and should be remembered for both the good and bad. He added people from across the Great Basin still go to the area to visit their ancestors, pray and hold ceremonies. Three tribes are collecting signatures with the goal of getting Bahsahwahbee designated as a national monument.

While he cannot speak for all Nevadans, Marques suspects many in the Silver State probably are not aware of what happened at Bahsahwahbee. He feels confident high-ranking government officials are demonstrating strong support to stand with the tribes to preserve and commemorate what Marques calls a "sacred place."

"Time is running out, so we need action now," Marques stressed. "It's time for the federal government and our representatives to center our tribes and our history, and do the right thing, which is how the tribes have proposed this monument."

He added a national monument designation within the National Park System also would help familiarize more people with the Bahsahwahbee story. Those opposed to the monument recognition argued Nevada already has too much public land where uses are restricted, but proponents argue this is false.


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A Nevada grassroots organization has launched its inaugural endorsement process for the 2024 elections in an effort to champion indigenous voices in the Silver State.

Taylor Patterson, executive director of the Native Voters Alliance Nevada, said the state is getting better about tribal and indigenous representation but contended there is still a long way to go. Nevada is home to 21 federally recognized tribes and 28 reservations, but only one Native legislator.

Patterson explained they saw the need to be more engaged with issues from the top to the bottom of the ticket.

"I think very easily we can forget that Native people are everyday people," Patterson observed. "I think it has been painted in a very specific way of 'still is very much a person of the past,' but there are people who are in all different spaces that are engaging with the government in a multitude of ways that need to be represented."

Patterson acknowledged the state does have elected officials who understand the needs of the Native community but hopes the new initiative will give those who are not familiar with the Native space an opportunity to learn more.

Last summer, Republican Gov. Joe Lombardo expanded Nevada's Effective Absentee System for Elections program program, which requires election clerks to meet with all tribes located in their respective jurisdictions to coordinate voting locations prior to elections.

Patterson noted they have had a good response from candidates and she is pleased to know officials are starting to realize the meaning and value of an endorsement from Native Voters Alliance Nevada. She said her organization can help provide politicians with access to Indigenous communities.

"In recent years there has been so much made of sort of this 'BIPOC' label," Patterson emphasized. "I very often have to remind all sorts of people, whether those are federal agencies or elected officials, you're not truly working with the BIPOC vote share or BIPOC people if you're not working with the 'I.'"

Patterson added the endorsement process will be instrumental to shaping policy and governance in the Silver State.

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Next week, Native American leaders from the Midwest will go before a United Nations panel with their concerns over a controversial oil pipeline they say is trespassing on tribal lands.

Enbridge's Line 5 operation in the Great Lakes region is expected to be a topic when the Permanent Forum on Indigenous Issues convenes Monday in New York.

In the Midwest, the law firm Earthjustice represents some Tribes contesting the rerouting of Line 5 in Wisconsin. There, managing attorney Debbie Chizewer said climate change is affecting the region and tribal nations' ability to exercise their treaty rights.

"The perpetuation of this fossil-fuel infrastructure will only worsen that," she said, "and will affect their special tribal resources, like sugar maple and loons, and whitefish and other species that are an integral part of Bay Mills and other tribal nations."

The pipeline runs through Wisconsin and Michigan, traversing the treaty-reserved territory of tribal nations, including the Bay Mills Indian Community and Bad River Band of Lake Superior Chippewa. Enbridge rejects those claims and has said it isn't trespassing on tribal lands.

Similar cases have been filed in other parts of the Midwest. In Michigan, opponents have said they're worried about Enbridge's plan to construct an oil tunnel beneath the Great Lakes. The company has claimed it would be safer than the existing pipeline, but Native American Rights Fund senior staff attorney Wes Furlong said he sees it as a disaster waiting to happen.

"There is a likelihood that if a leak happened within that tunnel, it would cause a catastrophic failure," he said. "Essentially, the tunnel could explode underneath the Straits of Mackinac, pumping crude oil into the strait and into the Great Lakes."

Furlong said pushing back against Line 5 aligns with calls to reduce the use of fossil fuels, citing its connection to climate change and the impact on treaty-reserved resources in the Midwest, on which Tribes rely.

"There's pending litigation over the State of Michigan's order to shut down the pipeline, and ordering Enbridge to vacate the state-owned bottomlands of the Strait of Mackinac," he added. "So, that would spell, I think, the end of Line 5 as we know it."

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