{"id":35204,"date":"2024-02-05T00:02:36","date_gmt":"2024-02-05T05:02:36","guid":{"rendered":"https:\/\/indianz.com\/News\/?p=35204"},"modified":"2024-02-05T17:40:01","modified_gmt":"2024-02-05T22:40:01","slug":"howard-center-tribes-in-uphill-battle-against-lithium-mining","status":"publish","type":"post","link":"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/","title":{"rendered":"Howard Center: Tribes in uphill battle against lithium mining"},"content":{"rendered":"<a href=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/thackerpass\/\" rel=\"attachment wp-att-35208\"><img loading=\"lazy\" decoding=\"async\" width=\"2560\" height=\"1708\" data-attachment-id=\"35208\" data-permalink=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/thackerpass\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/ThackerPass-scaled.jpg\" data-orig-size=\"2560,1708\" data-comments-opened=\"0\" data-image-title=\"Thacker Pass\" data-image-description=\"&lt;p&gt;Thacker Pass&lt;\/p&gt;\n\" data-image-caption=\"&lt;p&gt;A group of protestors gather at Thacker Pass on Sep. 9, 2023 at a commemoration for the 1865 massacre of Paiute and Shoshone people by the 1st Nevada Cavalry. Lithium Nevada, a subsidiary of Lithium Americas, plans to build a lithium mine on the site where many tribal members believe the massacre took place. (Noel Lyn Smith\/Howard Center for Investigative Journalism)&lt;\/p&gt;\n\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/ThackerPass-1024x683.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/ThackerPass-scaled.jpg\" alt=\"Thacker Pass\" class=\"size-full wp-image-35208\" \/><\/a> <figcaption class=\"figure-caption\">A group of protestors gather at Thacker Pass on Sep. 9, 2023 at a commemoration for the 1865 massacre of Paiute and Shoshone people by the 1st Nevada Cavalry. Lithium Nevada, a subsidiary of Lithium Americas, plans to build a lithium mine on the site where many tribal members believe the massacre took place. Photo by Noel Lyn Smith \/ Howard Center for Investigative Journalism<\/figcaption>\r\n<div class=\"h3-responsive font-weight-bold\">Tribes face an uphill battle to defend their sacred land against lithium mining<\/div>\r\n<div class=\"date\">Monday, February 5, 2024<\/div>\r\n<div class=\"byline\">By Noel Lyn Smith and Pacey Smith-Garcia<\/div>\r\n<div class=\"source\">Howard Center for Investigative Journalism<\/div>\r\n<div class=\"source-links\"><a href=https:\/\/cronkitenews.azpbs.org\/howardcenter\/lithium\/>cronkitenews.azpbs.org\/howardcenter\/lithium<\/a><\/div>\r\n<p><\/p>\r\n\r\nOROVADA, Nevada &#8212; Myron Smart remembers stories told by his father and other tribal elders about the connection between Thacker Pass in Nevada, where a new lithium mine is under construction, and a tragic moment for the Fort McDermitt Paiute and Shoshone.<P><\/P>\r\nIn Northern Nevada near the Oregon border, Thacker Pass was traditionally used by Smart\u2019s ancestors to camp, hunt and gather, collect obsidian and medicine, and perform ceremonies. On September 12, 1865, the 1st Nevada Cavalry raided a campsite and slaughtered at least 31 Paiutes.<P><\/P>\r\n\u201cThe cowboys came to kill everybody \u2013 woman, children, all the elders,\u201d Smart said last September to a group gathered at Thacker Pass on the anniversary of the massacre. The deadly encounter was an episode in the Snake Wars, one of many skirmishes with Native Americans in the 19th century West, as white settlers came looking to mine for gold.<P><\/P>\r\nNow, Smart said, a new kind of mining threatens to wipe out culturally important sites related to the massacre, harming the tribes yet again. Lithium Nevada Corporation, a subsidiary of Canada-based Lithium Americas, will blast through rock and dirt in the area as the company builds a massive, open-pit lithium mine. The federal Bureau of Land Management issued a Record of Decision to greenlight the mine in January 2021. All court challenges to the decision have failed.<P><\/P>\r\n<a href=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/myronsmart\/\" rel=\"attachment wp-att-35207\"><img loading=\"lazy\" decoding=\"async\" width=\"2560\" height=\"1637\" data-attachment-id=\"35207\" data-permalink=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/myronsmart\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/MyronSmart-scaled.jpg\" data-orig-size=\"2560,1637\" data-comments-opened=\"0\" data-image-title=\"Myron Smart\" data-image-description=\"&lt;p&gt;Myron Smart&lt;\/p&gt;\n\" data-image-caption=\"&lt;p&gt;Myron Smart talks about the historical significance of Thacker Pass to the Fort McDermitt Paiute and Shoshone Tribe at an event near Orovada, Nev. on Sep. 9, 2023. The event commemorates the massacre of at least 31 Paiutes by the 1st Nevada Cavalry on Sep. 12, 1865. (Noel Lyn Smith\/Howard Center for Investigative Journalism)&lt;\/p&gt;\n\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/MyronSmart-1024x655.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/MyronSmart-scaled.jpg\" alt=\"Myron Smart\" class=\"size-full wp-image-35207\" \/><\/a> <figcaption class=\"figure-caption\">Myron Smart talks about the historical significance of Thacker Pass to the Fort McDermitt Paiute and Shoshone Tribe at an event near Orovada, Nev. on September 9, 2023. The event commemorates the massacre of at least 31 Paiutes by the 1st Nevada Cavalry on September 12, 1865. Photo by Noel Lyn Smith \/ Howard Center for Investigative Journalism<\/figcaption>\r\n<p><\/p>\r\nThe Biden administration has set an ambitious goal for electric vehicles that has prompted a major push for U.S. supplies of lithium and other critical minerals. The Thacker Pass mine owners have courted support from the Energy Department, which is considering a record-breaking, billion dollar loan to the project, and from General Motors, which has pledged $650 million in capital investment, the largest ever by an automaker in battery raw materials. The mine is projected to supply enough lithium each year to produce batteries for one million GM electric vehicles.<P><\/P>\r\nIndigenous communities are on the frontlines of a push to create new, domestic sources for lithium. The U.S. has only one active lithium mine, at Silver Peak in Nevada. With a wave of new applicants, that will not remain the case for long. An analysis by the Howard Center for Investigative Journalism at Arizona State University found nine proposed lithium mines are within 10 miles of Native American reservations.<P><\/P>\r\nBesides Thacker Pass, lithium mines are also planned near the Black Hills in South Dakota \u2013 which the Lakota and nearly a dozen other tribes claim as their ancestral land. Exploration drilling for a mine in Arizona is occurring 700 feet from sacred springs used by the Hualapai people. In a months-long investigation, the Howard Center found lithium mines use vast amounts of water to extract the critical mineral needed for lithium-ion batteries.<P><\/P>\r\n<div class=\"map-responsive\">\r\n <iframe width=\"500\" height=\"400\" frameborder=\"0\" scrolling=\"no\" marginheight=\"0\" marginwidth=\"0\" title=\"TribalLandsHowardFall2023\" src=https:\/\/arcgis.com\/apps\/instant\/basic\/index.html?appid=b2710290eba64140acddfbe663f1ecf4><\/iframe>\r\n<\/div>  \r\n<figcaption class=\"figure-caption\">Nine out of 72 lithium mining projects are proposed within 10 miles of tribal land, or 12.5%. The majority of these were in the area close to Silver Peak, within 10 miles of the Timbisha Shoshone Reservation. Other Reservations that had projects within the 10 mile buffer are the Pyramid Lake Paiute Reservation, the Fort McDermitt Indian Reservation, and the Hualapai Indian Reservation. One that was close to the 10 mile buffer, but had several projects right outside, is the Shakopee Mdewakanton Sioux Community, located in the Black Hills of South Dakota. (Graphic by Joshua Shimkus \/ Howard Center for Investigative Journalism)<\/figcaption>\r\n<P><\/P>\r\nRules exist on paper that sound as if tribes have protections. Federal agencies are required to consult with tribal governments before making decisions that impact their communities, including on mining development projects. However, Valerie Grussing, Executive Director of the National Association of Tribal Historic Preservation Officers, calls tribal consultation a \u201ccheck-box exercise.\u201d<P><\/P>\r\n\u201cEven if they\u2019re able to document their tribal consultation efforts to anyone\u2019s satisfaction,\u201d Grussing said, the federal agency leaders \u201ccan still make whatever decision they want.\u201d<P><\/P>\r\nGrussing\u2019s claim was confirmed in Congressional testimony by a senior official with the Department of Interior. U.S. Rep. Betty McCollum (D-Minn.) asked the official at the May 2022 hearing if it were true that \u201cBLM has few options under current law to deny a proposed mine \u2013 even if that mine was on land, say, sacred to Native American tribes.\u201d<P><\/P>\r\n\u201cUnder the mining law, if there\u2019s a discovery of a valuable mineral, there is a right to mine. So there can\u2019t be a complete shutdown of a mining operation,\u201d replied Steve Feldgus, who has since been promoted to run the Interior Department\u2019s Land and Minerals Management program. There is no exception for land held sacred by Native American tribes.<P><\/P>\r\nMichon Eben, cultural resources manager for the Reno Sparks Indian Colony, agreed. Her tribe wasn\u2019t consulted on the Thacker Pass lithium mine, even though its members consider Thacker Pass ancestral land. \u201cThe American government can allow mining corporations to destroy our lands out here, and especially our sacred sites, especially from the lands that were stolen.\u201d<P><\/P>\r\nLithium Nevada denied it will harm the massacre site, and BLM said the massacre site is on private land that isn\u2019t under its jurisdiction.<P><\/P>\r\nGrussing said the experience of tribal communities at Thacker Pass is merely a continuation of harmful colonial processes.<P><\/P>\r\n\u201cIt&#8217;s retraumatizing that now this particular place of not just importance, but of massacre, is going to be lost.\u201d<P><\/P>\r\n<a href=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/thackerpasslithiumnevada\/\" rel=\"attachment wp-att-35211\"><img loading=\"lazy\" decoding=\"async\" width=\"2560\" height=\"1708\" data-attachment-id=\"35211\" data-permalink=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/thackerpasslithiumnevada\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/ThackerPassLithiumNevada-scaled.jpg\" data-orig-size=\"2560,1708\" data-comments-opened=\"0\" data-image-title=\"Thacker Pass\" data-image-description=\"&lt;p&gt;Thacker Pass&lt;\/p&gt;\n\" data-image-caption=\"&lt;p&gt;Lithium Nevada is building an open pit lithium mine in Thacker Pass, Nev., seen here under construction on Sep. 9, 2023. The mine has faced pushback from tribes and environmental advocates who have raised concerns about the speed with which the federal government approved this mine. (Noel Lyn Smith\/Howard Center for Investigative Journalism)&lt;\/p&gt;\n\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/ThackerPassLithiumNevada-1024x683.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/ThackerPassLithiumNevada-scaled.jpg\" alt=\"Thacker Pass\" class=\"size-full wp-image-35211\" \/><\/a> <figcaption class=\"figure-caption\">Lithium Nevada is building an open pit lithium mine in Thacker Pass, Nev., seen here under construction on Sep. 9, 2023. The mine has faced pushback from tribes and environmental advocates who have raised concerns about the speed with which the federal government approved this mine. Photo by Noel Lyn Smith \/ Howard Center for Investigative Journalism<\/figcaption>\r\n<P><\/P>\r\n<div class=\"h5-responsive sub\">The process of greenlighting Thacker Pass<\/div>\r\nFederal records show that BLM attempted to consult with three tribes \u2013 Fort McDermitt Paiute and Shoshone Tribe, Summit Lake Paiute Tribe, and Winnemucca Indian Colony \u2013 all with reservations in the same county as the Thacker Pass mine. BLM said that these tribes were invited to consult \u201cdue to their proximity to the project area.\u201d<P><\/P>\r\nNone responded the following year, and in January 2021, BLM\u2019s Winnemucca District Office issued its Record of Decision greenlighting Lithium Nevada to mine for lithium at Thacker Pass.<P><\/P>\r\nRandi Lone Eagle, chairwoman of Summit Lake, said in an email to the Howard Center that she has no record of receiving BLM\u2019s tribal consultation invitation dated mid-December 2019, when tribal offices start to close for the holidays. A few weeks later, Lone Eagle said she came \u201cunder tremendous pressure to navigate the COVID-19 pandemic.\u201d<P><\/P>\r\n\u201cIf government agencies are serious about fulfilling their trust responsibilities,\u201d Lone Eagle wrote in the email, \u201cthey will do more than simply send letters; they will call us directly and visit us to speak face-to-face.\u201d<P><\/P>\r\n\u201cSending a letter to a tribe and receiving no response does not constitute sufficient effort to initiate tribal consultation. And so that&#8217;s all they did,\u201d said Eben, the tribal preservation officer for Reno Sparks Indian Colony. The federally recognized tribe in Washoe County has just over 1,100 members of Paiute, Shoshone and Washoe ancestry.<P><\/P>\r\n\u201cJust because regional tribes have been isolated and forced on to [sic] reservations relatively far away from Thacker Pass does not mean these regional tribes do not possess cultural connections to the Pass,\u201d said Eben of Reno Sparks.<P><\/P>\r\nShe contended that BLM should have invited tribal consultation for Thacker Pass with all of the Paiute and Shoshone tribes, before issuing the mine\u2019s permits. That includes Reno Sparks.<P><\/P>\r\n\u201cThey should have consulted with the Reno Sparks Indian Colony because we have members that descend from Paiute and Shoshone.\u201d<P><\/P>\r\nEben wrote a letter to BLM in June 2021 that identified a dozen tribes that have \u201cpowerful historical connections to Thacker Pass,\u201d where \u201csome of our ancestors were massacred.\u201d<P><\/P>\r\n\u201cThe American government was engaged in a campaign to massacre us,\u201d she said in an interview with the Howard Center. \u201cThey were sanctioned to massacre us over here because they saw this land and all the minerals that were here.\u201d<P><\/P>\r\nShe likened opening a mine here to \u201cdisturbing Pearl Harbor or Arlington National Cemetery,\u201d noting U.S. memorials to lost soldiers are venerated by the public and not subject to desecration.<P><\/P>\r\n<a href=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/sentinelrock\/\" rel=\"attachment wp-att-35209\"><img loading=\"lazy\" decoding=\"async\" width=\"1920\" height=\"1080\" data-attachment-id=\"35209\" data-permalink=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/sentinelrock\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/SentinelRock.jpg\" data-orig-size=\"1920,1080\" data-comments-opened=\"0\" data-image-title=\"Sentinel Rock\" data-image-description=\"&lt;p&gt;Sentinel Rock&lt;\/p&gt;\n\" data-image-caption=\"&lt;p&gt;Sentinel Rock in Humboldt County, Nev., photographed on Oct. 10, 2023, is near the site of a massacre of Paiute and Shoshone people by the 1st Nevada Cavalry in 1865. It is also the planned site of a future open pit lithium mine owned by Lithium Nevada. (John Leos\/Howard Center for Investigative Journalism)&lt;\/p&gt;\n\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/SentinelRock-1024x576.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/SentinelRock.jpg\" alt=\"Sentinel Rock\" class=\"size-full wp-image-35209\" \/><\/a> <figcaption class=\"figure-caption\">Sentinel Rock in Humboldt County, Nev., photographed on Oct. 10, 2023, is near the site of a massacre of Paiute and Shoshone people by the 1st Nevada Cavalry in 1865. It is also the planned site of a future open pit lithium mine owned by Lithium Nevada. Photo by John Leos \/ Howard Center for Investigative Journalism<\/figcaption>\r\n<P><\/P>\r\nIn response, after the mine was approved, BLM acknowledged the massacre took place and invited members of Reno Sparks in July 2022 to consult on \u201cindirect areas of potential effects\u201d near the mine. BLM agreed to review approximately 100 acres of BLM-managed land abutting the mine site that had previously not been surveyed. The National Historic Preservation Act\u2019s tribal consultation guidelines allow for a post-review discovery process to ensure that federal agencies \u201cmake reasonable efforts to avoid, minimize or mitigate adverse effects.\u201d<P><\/P>\r\nFor Grussing, \u201cmitigation means loss.\u201d<P><\/P>\r\n\u201cIf avoidance is off the table by the time we&#8217;re at the table, the process is broken. And that so frequently what we see happening with these consultation processes,\u201d said Grussing.<P><\/P>\r\n\u201cThere\u2019s no consequences. That&#8217;s what it comes down to.\u201d<P><\/P>\r\n<div class=\"h5-responsive sub\">Problems with tribal consultation<\/div>\r\nBLM issued its Record of Decision to approve Thacker Pass on January 15, 2021, in the last days of the Trump administration.<P><\/P>\r\nEleven days later, Joe Biden, the newly elected president, issued a memorandum highlighting the importance of federal agencies engaging in meaningful consultation with tribes on projects that impact their communities.<P><\/P>\r\nThe president issued a follow-up memorandum in November 2022, announcing his desire to develop a uniform process for federal agencies to follow for consultation with tribes. That process would require federal agencies to \u201cstrive for consensus with Tribes or a mutually desired outcome. Consultation should generally include both Federal and Tribal officials with decision-making authority regarding the proposed policy that has Tribal implications,\u201d the memorandum said.<P><\/P>\r\nYet Grussing, head of the National Association of Tribal Historic Preservation Officers (NATHPO), said she doesn&#8217;t think the administration is going to do anything different.<P><\/P>\r\n\u201cThey&#8217;re going on the record and they&#8217;re making an investment in various levels, prioritizing Indigenous knowledge in federal decision making and lots of things like that. But when the rubber meets the road, we&#8217;re not seeing it put into practice at places like Thacker Pass.\u201d<P><\/P>\r\nGrussing said that one of the challenges is the lack of Indigenous knowledge and experience within federal agencies.<P><\/P>\r\n\u201cThere&#8217;s practically zero requirements or standards and even accountability,\u201d Grussing said. Federal agencies retain full discretion over the content of their decisions and don\u2019t need to meet a prescribed outcome, according to the National Historic Preservation Act.<P><\/P>\r\nNATHPO is a nonprofit membership association that advocates for protecting sites that perpetuate Native identity and culture. Its main advocacy priority is funding for tribal preservation officers, who serve as liaisons with federal agencies on the management of tribal historic properties.<P><\/P>\r\nChairwoman Lone Eagle of the Summit Lake Paiute Tribe does double duty as the tribal preservation officer for her tribe.<P><\/P>\r\n\u201cWe get dozens of letters, by mail, from government agencies about proposed projects every month,\u201d she said.<P><\/P>\r\nReno Sparks\u2019 tribal preservation officer, Michon Eben, echoed these concerns. \u201cI&#8217;m getting projects from up all over and I&#8217;m one person. And so for me, I almost have to pick and choose,\u201d she explained. \u201cTribes need help.\u201d<P><\/P>\r\nShe said she hopes that tribes can receive more federal funding to better tackle what is sent to them, \u201cso that we are equipped and educated and have resources to help us to respond to all these letters.\u201d<P><\/P>\r\nGrussing added that without more resources, tribal preservation officers will be unable to carry out their duties successfully.<P><\/P>\r\n<a href=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/indiancampmap1869\/\" rel=\"attachment wp-att-35205\"><img loading=\"lazy\" decoding=\"async\" width=\"2560\" height=\"1921\" data-attachment-id=\"35205\" data-permalink=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/indiancampmap1869\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/IndianCampMap1869-scaled.jpg\" data-orig-size=\"2560,1921\" data-comments-opened=\"0\" data-image-title=\"&amp;#8216;Indian Camp&amp;#8217; in 1869\" data-image-description=\"&lt;p&gt;&amp;#8216;Indian Camp&amp;#8217; in 1869&lt;\/p&gt;\n\" data-image-caption=\"&lt;p&gt;This 1869 map from the Bureau of Land Management\u2019s Deputy General Surveyor Abel Abed Palmer shows the remains of an \u201cIndian Camp\u201d between sections 22 and 23. That area is also mentioned in Palmer\u2019s field journals as the site of the Sep. 12, 1865 massacre where the 1st Nevada Cavalry raided and massacred Paiute and Shoshone people. (Source: Bureau of Land Management 1869, University of Nevada Reno)&lt;\/p&gt;\n\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/IndianCampMap1869-1024x768.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/IndianCampMap1869-scaled.jpg\" alt=\"&#039;Indian Camp&#039; in 1869\" class=\"size-full wp-image-35205\" \/><\/a> <figcaption class=\"figure-caption\">This 1869 map from the Bureau of Land Management\u2019s Deputy General Surveyor Abel Abed Palmer shows the remains of an \u201cIndian Camp\u201d between sections 22 and 23. That area is also mentioned in Palmer\u2019s field journals as the site of the Sep. 12, 1865 massacre where the 1st Nevada Cavalry raided and massacred Paiute and Shoshone people. Source: Bureau of Land Management 1869, University of Nevada Reno<\/figcaption>\r\n<P><\/P>\r\n<div class=\"h5-responsive sub\">Is Thacker Pass on sacred land?<\/div>\r\nOne of the most contentious aspects of the Thacker Pass project has been the location of the 1865 massacre.<P><\/P>\r\nThe BLM\u2019s Record of Decision greenlighting the lithium mine at Thacker Pass did not mention the 1865 massacre. That omission, the tribes contend in their 2023 lawsuit, violates the National Historic Preservation Act, Federal Land Policy and Management Act, and National Environmental Protection Act.<P><\/P>\r\nBut the Howard Center found at least two records from the BLM\u2019s own archives that show the site of the massacre \u2013 a map and a hand-written field journal, both prepared in 1868 by U.S. Deputy Surveyor General Abel Abed Palmer \u2013 which depict that the massacre occurred at the mine\u2019s site.<P><\/P>\r\nPalmer\u2019s field notes describe finding the \u201cremains of an extensive Indian camp,\u201d which he explains was the site of the 1865 massacre. He also lists seeing \u201cmany Indian skulls and remains.\u201d<P><\/P>\r\nHe notes within the map and his field journal the camp\u2019s location between two specific sections of land near the Trout Creek, a waterway that also runs through the Thacker Pass lithium project site.<P><\/P>\r\nComparing the 1868 map created by the BLM and the map from Lithium Nevada\u2019s Environmental Impact Statement, the Howard Center found that the massacre site appears to fall within BLM jurisdiction and within the area of potential area of effect.<P><\/P>\r\nBLM maintains that the massacre site is in fact on private land outside of their jurisdiction. In an email from the BLM Winnemucca office to the Howard Center in December, Spokesperson Heather O\u2019Hanlon wrote that \u201cthe location of this site is on Private ground and not within the project footprint.\u201d<P><\/P>\r\nLithium Nevada also backed up this claim. \u201cTen times this issue has come up in front of a judicial system and 10 times it&#8217;s been dismissed,\u201d said Tim Crowley, vice president of government and community affairs. Crowley said lawsuits and attempts to win an injunction by ranchers, tribes and environmental groups have all failed.<P><\/P>\r\nIn an interview with the Howard Center, Eben from Reno Sparks disagreed that the massacre site only includes the Paiute camp location documented by Palmer. \u201cThat\u2019s where it began,\u201d she said about the massacre, but people were killed for miles outside of the campsite.<P><\/P>\r\n\u201cOur people did not come out of their huts and just die right there. They ran \u2013 because it lasted for several hours,\u201d she said.<P><\/P>\r\nEven with the post-review consultation process underway, Eben feels like saving Thacker Pass is a lost cause.<P><\/P>\r\n\u201cNo matter how much I participate, how much I consult, how much I put in writing, how much I&#8217;m at the table \u2013 sometimes it&#8217;s just not enough. It&#8217;s not enough.\u201d<P><\/P>\r\n<div class=\"h5-responsive sub\">Last ditch efforts<\/div>\r\nReno Sparks, Burns Paiute and Summit Lake Paiute filed a lawsuit in February 2023 in the U.S. District Court of Nevada against local BLM officials and Secretary of the Interior Deb Haaland. Among the tribes\u2019 allegations was that the BLM did not make a reasonable and good faith effort to identify historic properties in Thacker Pass or consult the appropriate tribes, as required by the National Historic Preservation Act.<P><\/P>\r\nWhile these efforts were pending, a federal judge said construction on the mine and supporting facilities at Thacker Pass could start in March 2023.<P><\/P>\r\n\r\n<a href=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/lithiumnevadathackerpass\/\" rel=\"attachment wp-att-35210\"><img loading=\"lazy\" decoding=\"async\" width=\"1920\" height=\"1080\" data-attachment-id=\"35210\" data-permalink=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/lithiumnevadathackerpass\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/LithiumNevadaThackerPass.jpg\" data-orig-size=\"1920,1080\" data-comments-opened=\"0\" data-image-title=\"Thacker Pass\" data-image-description=\"&lt;p&gt;Thacker Pass&lt;\/p&gt;\n\" data-image-caption=\"&lt;p&gt;Lithium Nevada\u2019s open pit lithium mine can be seen under construction in Thacker Pass, Nev. on Oct. 10, 2023. Members of the Paiute and Shoshone tribes believe that the mine is located where their ancestors were massacred by the 1st Nevada Calvary in 1865. It is a sacred site to those tribes. (John Leos\/Howard Center for Investigative Journalism)&lt;\/p&gt;\n\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/LithiumNevadaThackerPass-1024x576.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/LithiumNevadaThackerPass.jpg\" alt=\"Thacker Pass\" class=\"size-full wp-image-35210\" \/><\/a> <figcaption class=\"figure-caption\">Lithium Nevada\u2019s open pit lithium mine can be seen under construction in Thacker Pass, Nev. on Oct. 10, 2023. Members of the Paiute and Shoshone tribes believe that the mine is located where their ancestors were massacred by the 1st Nevada Calvary in 1865. It is a sacred site to those tribes. Photo by John Leos \/ Howard Center for Investigative Journalism<\/figcaption>\r\n\r\n<P><\/P>\r\nIn December, the judge dismissed the lawsuit. In a virtual press conference held by Reno Sparks Indian Colony, former chairman Arlan Melendez said, \u201cWe lost the lawsuit because the law favors mining, especially in this state.\u201d<P><\/P>\r\nMelendez also announced that they would not appeal the court\u2019s decision to allow construction of the mine to continue. \u201cBy the time you would get through to appeal, they would have already desecrated all of the sacred sites. So there&#8217;s no sense trying to do that,\u201d he said.<P><\/P>\r\nReno Sparks attorney Will Falk also spoke at the press event on Zoom.<P><\/P>\r\n\u201cWe all have to make sacrifices to fight climate change,\u201d said Falk about the national push to quit fossil fuels and transition to green energy at the December 2023 press conference. \u201cWhat they mean is that Native peoples, again, have to sacrifice their culture, their ancestral homelands, so that someone can make a lot of money extracting lithium.\u201d<P><\/P>\r\nReno Sparks and Summit Lake Paiute tribes also asked Interior Secretary Haaland and the National Register coordinator to determine the eligibility of the 1865 massacre site and Thacker Pass for the National Register of Historic Places.<P><\/P>\r\nThey submitted their request to BLM\u2019s Humboldt Field Office and Winnemucca District Office, the Advisory Council on Historic Preservation and the Nevada State Historic Preservation Office. In a January 2024 email to the Howard Center, BLM said it is still in consultation with the tribes on these sites and has not yet forwarded a nomination to the National Park Service, where the official list of America\u2019s historic places is kept.<P><\/P>\r\n<div class=\"h5-responsive sub\">Time for reform?<\/div>\r\nIn September 2023 the Biden administration\u2019s interagency working group on mining reform submitted a report with recommendations to revise the laws around mining on public lands.<P><\/P>\r\nThe report found that the rules are clearer for consultation with tribes when minerals are developed on their present-day reservation lands. But it also noted that tribes have far fewer rights to land outside their present-day borders to which they may hold historical, cultural and spiritual ties.<P><\/P>\r\nThe report said that it is of \u201cutmost important [sic]\u201d to make clear the procedures for conducting effective consultation and coordination with tribes. New rules must also be implemented to protect sacred, cultural or historical sites, so that some areas are considered off limits for hard rock mining. \u201cTribes should have more control over sacred lands,\u201d the report said.<P><\/P>\r\n<a href=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/lifeoverlithium\/\" rel=\"attachment wp-att-35206\"><img loading=\"lazy\" decoding=\"async\" width=\"2560\" height=\"1685\" data-attachment-id=\"35206\" data-permalink=\"https:\/\/indianz.com\/News\/2024\/02\/05\/howard-center-tribes-in-uphill-battle-against-lithium-mining\/lifeoverlithium\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/LifeOverLithium-scaled.jpg\" data-orig-size=\"2560,1685\" data-comments-opened=\"0\" data-image-title=\"&amp;#8216;Life Over Lithium&amp;#8217;\" data-image-description=\"&lt;p&gt;&amp;#8216;Life Over Lithium&amp;#8217;&lt;\/p&gt;\n\" data-image-caption=\"&lt;p&gt;A billboard on U.S. 95 near Orovada, Nev. warns against Lithium Nevada\u2019s Thacker Pass lithium mine on Sep. 9, 2023. The group, People of Red Mountain, oppose construction of the mining operation in Thacker Pass because of environmental concerns and damages to an area sacred to Paiute and Shoshone tribes. (Noel Lyn Smith\/Howard Center for Investigative Journalism)&lt;\/p&gt;\n\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/LifeOverLithium-1024x674.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/LifeOverLithium-scaled.jpg\" alt=\"&#039;Life Over Lithium&#039;\" class=\"size-full wp-image-35206\" \/><\/a> <figcaption class=\"figure-caption\">A billboard on U.S. 95 near Orovada, Nev. warns against Lithium Nevada\u2019s Thacker Pass lithium mine on Sep. 9, 2023. The group, People of Red Mountain, oppose construction of the mining operation in Thacker Pass because of environmental concerns and damages to an area sacred to Paiute and Shoshone tribes. Photo by Noel Lyn Smith \/ Howard Center for Investigative Journalism<\/figcaption>\r\n<P><\/P>\r\nThe report also proposed ways to create that control, such as developing stronger requirements for tribal consultation on mineral exploration and development projects, \u201cincluding where the proposed action is within a Tribe\u2019s ancestral homeland even if it is not proximate to the Tribe\u2019s current reservation.\u201d<P><\/P>\r\nThe report also recommended that the federal government establish mandatory procedures and outcomes for tribal consultation, and tribes be given extra time and resources to participate meaningfully.<P><\/P>\r\nTribal consultation should require federal authorities to meet and share information with potentially impacted tribes as early as possible. \u201cEarly engagement with and consideration of impacts on Indigenous Peoples is widely accepted to be an industry best practice,\u201d the report explains.<P><\/P>\r\nIn May, Rep. Ra\u00fal Grijalva (D-Ariz.) proposed legislation to reform U.S. mining law on public land that seeks to codify Pres. Biden\u2019s recent memorandum on creating uniform standards for tribal consultation. He doubled down at the start of Native American Heritage month in November, proposing two more House bills that would strengthen tribal roles in managing public land and protect Native American cultural sites. As of late January, none of the bills has advanced to committees for further review and discussion.<P><\/P><div class=\"mt-1 mb-1\"><ins class=\"adsbygoogle\" style=\"display:block; text-align:center;\" data-ad-layout=\"in-article\" data-ad-format=\"fluid\" data-ad-client=\"ca-pub-8411603009680747\" data-ad-slot=\"6394965691\"><\/ins><script>(adsbygoogle = window.adsbygoogle || []).push({});<\/script><\/div><P><\/P>\r\n<div class=\"h5-responsive sub\">Community benefits<\/div>\r\nThe mining reform report recommended that mining companies negotiate community benefits agreements with impacted tribes.<P><\/P>\r\nOne tribe impacted by the Thacker Pass mine did negotiate an agreement with Lithium Nevada.<P><\/P>\r\nThe Fort McDermitt Paiute and Shoshone Tribe signed a Community Benefits Agreement with the company in October 2022. The Fort McDermitt reservation is approximately 26 miles northeast of Thacker Pass, near the state line of Nevada and Oregon.<P><\/P>\r\nCrowley said the agreement is the culmination of more than 10 years of dialogue with the tribe. The mining operation will provide employment opportunities for tribal members and people who live on lands that surround the mine, he said.<P><\/P>\r\nThe agreement provides for job training and construction of an 8,000 square foot community center that will have a daycare, preschool, playground, cultural facility and greenhouse where plants can be grown for use in traditional medicine practices.<P><\/P>\r\n\u201cIt&#8217;s a very isolated area that has very limited opportunity for not just a job, but a job that pays twice the state salary average,\u201d Crowley said.<P><\/P>\r\n\u201cIt\u2019s an agreement that is the foundation for a really healthy relationship going forward.\u201d<P><\/P>\r\nLithium Nevada declined to provide a copy of the community agreement contract, citing that it is a private document.<P><\/P>\r\nIn early December, the Biden administration issued a progress report on its work with Tribal Nations. The White House report said that 12 federal agencies are on track to updating their consultation policies. Nine agencies \u2013 including the Interior Department \u2013 had revised Tribal Consultation policies or developed trainings for federal staff who work with tribes or on policies with Tribal implications.<P><\/P>\r\nGrussing of the National Tribal Historic Preservation Officers association is skeptical. In 2007 the U.S. voted against the Declaration of the Rights of Indigenous Peoples in the UN General Assembly, which advanced the free, prior and informed consent (FPIC) standard. The standard upholds Indigenous Peoples\u2019 rights to do more than consult on a project \u2013 FPIC ensures that tribes either give or withhold their consent on a project impacting their communities. In 2016 the U.S. ratified the declaration but called its support \u201caspirational\u201d and \u201cnot legally binding.\u201d<P><\/P>\r\nAccording to Grussing, until the U.S. adopts the FPIC standard, tribal consultation is \u201ckind of meaningless. And I don&#8217;t see that happening,\u201d Grussing said.<P><\/P>\r\n<em>Emma Peterson and Caitlin Thompson contributed to this story. It was <a href=https:\/\/cronkitenews.azpbs.org\/howardcenter\/lithium\/stories\/indigenous.html>produced at the Howard Center for Investigative Journalism<\/a> at Arizona State University\u2019s Walter Cronkite School of Journalism and Mass Communication, an initiative of the Scripps Howard Fund in honor of the late news industry executive and pioneer Roy W. Howard. For more see <a href=\"https:\/\/azpbs.org\/lithium\">https:\/\/azpbs.org\/lithium<\/a>. Contact us at <a href=\"mailto:howardcenter@asu.edu\">howardcenter@asu.edu<\/a> or on X <a href=\"https:\/\/twitter.com\/HowardCenterASU\">@HowardCenterASU<\/a>.<\/em><P><\/P>\r\n","protected":false},"excerpt":{"rendered":"Tribal communities are on the frontlines of a push to create new, domestic sources for lithium.","protected":false},"author":1,"featured_media":35208,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_vp_format_video_url":"","_vp_image_focal_point":[],"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[10,11,13,1,14],"tags":[3586,4586,156,157,88,1856,284,4581,48,1931,53,668,4585,892,4580,2446,521,4536,63,4584,126,2074,43,4582,154,1582,2445,569,4583],"class_list":["post-35204","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","category-environment","category-law","category-national","category-politics","tag-118th","tag-arlen-melendez","tag-blm","tag-consultation","tag-deb-haaland","tag-doe","tag-energy","tag-fort-mcdermitt","tag-house","tag-howard-center","tag-joe-biden","tag-massacres","tag-michon-eben","tag-mining","tag-myron-smart","tag-nathpo","tag-nevada","tag-nhpa","tag-oregon","tag-randi-lone-eagle","tag-raul-grijalva","tag-reno-sparks","tag-sacred-sites","tag-summit-lake","tag-treaties","tag-undrip","tag-valerie-grussing","tag-wars","tag-winnemucca","no-wpautop"],"jetpack_shortlink":"https:\/\/wp.me\/pcoJ7g-99O","jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/indianz.com\/News\/wp-content\/uploads\/2024\/02\/05\/ThackerPass-scaled.jpg","_links":{"self":[{"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/posts\/35204","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/comments?post=35204"}],"version-history":[{"count":23,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/posts\/35204\/revisions"}],"predecessor-version":[{"id":35234,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/posts\/35204\/revisions\/35234"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/media\/35208"}],"wp:attachment":[{"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/media?parent=35204"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/categories?post=35204"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/tags?post=35204"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}