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Native Americans' decadeslong struggle for control over sacred lands is making progress

Rosalyn R. LaPier, Professor of HIstory, University of Illinois at Urbana-Champaign, The Conversation on

Published in Business News

“We worship there, the iwis of our kupuna [bones of our elders] are buried there,” Mililani Trask, the Hawaii island’s trustee for the Office of Hawaiian Affairs, said at a public meeting regarding an environmental impact statement of Mauna Kea with the National Science Foundation on Aug. 9, 2022. “No,” she continued, “you will not build here.”

The state of Hawaii is hoping to address this ongoing conflict with the creation of a new eight-person commission that includes three Native Hawaiian leaders to manage Mauna Kea.

“I believe we can find a way for science and culture to coexist on Mauna Kea in a mutually beneficial way,” Hawaiian Gov. David Ige said on Sept. 12, 2022, when he announced the new commission.

Native American religions, similar to other religions, view areas as sacred because they are the homes of gods or places that are sanctified by a god. Sacred places may be physically small or large areas, they may be built or natural areas, such as churches and shrines, or mountains and rivers.

Religious studies scholars such as Tisa Wenger have argued that religious freedom for Native Americans has been difficult because “the U.S. government has often acted as if Indian traditions were somehow not truly religious and therefore not eligible for the constitutional protections of the First Amendment.”

In one dispute in the 1980s, the U.S. Forest Service wanted to construct a road across a sacred mountain in Northern California. A consortium of tribes fought back, and the case ended in the Supreme Court; the tribes lost.

Following that decision, in 1996, President Bill Clinton created a definition of Native American sacred land as a “specific, discrete, narrowly delineated location on Federal land.”

This language intentionally excludes large areas such as mountains or open landscapes in favor of smaller sites. That does not fully represent the variety of places that Native peoples consider sacred, say religious studies scholars, leading to inevitable clashes over the meaning and uses of such lands.

On Sept. 13, 2022, Secretary of Interior Deb Haaland released new federal guidelines to help address these long-standing conflicts.

 

This new policy, which focuses on publicly managed areas that Native Americans view as sacred or culturally important, will allow some tribes to share management responsibilities with federal agencies.

“By acknowledging and empowering Tribes as partners in co-stewardship of our country’s lands and waters, every American will benefit from strengthened management of our federal land and resources,” Haaland said.

In a related effort, Congress on Sept. 14 held hearings on two new bills to address this same issue. If they pass, their backers hope they will facilitate the inclusion of “tribal management of public lands” and strengthen the “protection of sacred and cultural sites.”

Such changes are “a small step, but an important one, in giving Tribal nations the respect and authority they deserve,” said Rep. Raúl M. Grijalva, a Democrat from Arizona.

But, he added of the federal government’s new desire to share land management with tribes, “There is no deed that can undo or fully compensate for this country’s historical neglect and desecration of Indigenous Peoples’ culture and places that are sacred to them.”

This article is republished from The Conversation, an independent nonprofit news site dedicated to sharing ideas from academic experts. It was written by: Rosalyn R. LaPier, University of Illinois at Urbana-Champaign. Like this article? subscribe to our weekly newsletter.

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Rosalyn R. LaPier does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.


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