Critical minerals mining and Native American sovereignty: Comparing case studies of lithium, copper, antimony, nickel and graphite mining in the United States

Abstract

Owing to the historical patterns of colonialism and settlement, many of the remaining undeveloped mineral resources needed for a low-carbon energy transition are located on lands that have historic, ancestral, or cultural significance to Native American Tribes and Indigenous communities, as well as are near environmental-sensitive areas. While some mining projects occur on private land, the majority of mining projects are proposed for lands owned by the United States Federal Government and managed by multiple agencies (United States Forest Service, Bureau of Land Management etc.) with goals across the spectra from natural resource development to cultural resource conservation. Through a comparative case study approach, this study analyzes mining projects seeking to develop these resources. The cases represent a mix of project types from greenfield development to historic mines sites. Mineral resource projects have faced varying degrees of social resistance, continue to face challenges with securing permitting approvals or face litigation, and this can be a source of development uncertainty. These frictions are also important moments for Native American Tribes and environmental conservation groups to lessen impacts on natural resources. Resolving the uncertainties on both sides is crucial for nation building. One of the primary reasons for frequent and sustained litigation among all these projects is establishing a common ground from various competing interests, which is still possible. While current legislations on mining have provisions concerning Tribal engagement, recent legislative proposals contain further action which is needed as part of a more inclusive approach that emphasizes early negotiation, pathways to consent and even various forms of partnerships. This will help resolve some of the nation's critical minerals challenges domestically in a way that protects the environment and preserve Tribal societal values.