Native Americans: Facing Adversity, Past and Present
Native American tribes have faced hardship, neglect, and attacks on their way of life since Christopher Columbus arrived in the lands of the Guanahani people (in the modern-day Bahamas) in 1492 on behalf of the Spanish Empire. However, the last few years have proved to be brutal in their own way. At a time when the western United States has continued to face wildfires and drought Native American tribes have been disproportionately impacted by skyrocketing temperatures and decreasing water levels. Environmental degradation is the key culprit in this catastrophe, but, to make matters worse, policies implemented in the United States, at all levels of government, as well as by private infrastructure companies, have significantly worsened this situation. Although the details of the situation differ based on location, Native American tribes throughout the US continue to be treated unfairly, and in ways that the perpetrators are rarely held accountable.
There are several contemporary examples of mistreatment of Native American tribes by outside parties. In the modern era, federal and state governments have often approved projects on Native American land without examining the potential impact that such an act might have on the environment and their quality of life. For instance, on April 6, 2022, the U.S. Supreme Court ruled that industry associations in Louisiana, in a decision over the status of water use regulations promulgated by the administration of former President Donald Trump, had failed to demonstrate that revoking those regulations would cause irreparable harm. (The former president's administration passed regulations, classified as 40 CFR Part 121 (Part 121 of Title 40 of the Code of Federal Regulations; a regulation is an order passed directly by an agency of the executive branch of a government, whether at the federal, state, local, or tribal level). These regulations make it more difficult for states and tribal governments to stop energy projects that they predict will cause environmental damage, such as oil spills and pollution from extracting crude oil. The Supreme Court decision was made in a 5-to-4 ruling (Gresko, 2022), but although the regulations are now revocable, the Biden administration has said that they have no plan to do so until the spring of 2023.
Another way in which outside parties have taken advantage of Native American tribes is by beginning construction on major projects that have the potential to harm resources that are valuable to them. This includes degradation of the land itself, natural resources buried underneath the land, and lost cultural artifacts, as well as influence on regional ecosystems and climate. For example, Meta (formerly Facebook) began its plans to convert an office complex in Menlo Park, California into a new neighborhood on April 15, 2022. Named Willow Village, it is expected to include more office space, housing units, and other amenities, to be completed by late 2026 (Lee, 2022). However, what is good for residents often comes at the detriment of native peoples. The Muwekma Ohlone tribe has stated that this project will desecrate native burial grounds, as it is being partially constructed on an archaeological site known as Hiller Mound. Archeology professor at Stanford University, Michael Wilcox, confirmed this, stating, "there will be burials there [underneath the site that Meta plans to build Willow Village on.]" (Lee, 2022). In addition, the Menlo Park planning commission found that the project will harm wildlife by disturbing their habitats. Several measures have been announced to mitigate the damage to the site. An environmental impact assessment has been prepared by the Menlo Park city planning commission, to predict the environmental damage, and Native American tribal representatives stated that they will provide sensitivity training to construction workers so that they will not damage any items of value. However, the effectiveness of these measures is uncertain, and the Muwekma Ohlone Tribe very likely has one opportunity to save its heritage.
Even today, Native Americans are left with little influence over their own lands. This is because governmental and corporate entities continue to push for economic development and “growth,” no matter the cost to the area’s original inhabitants. As environmental conditions worsen both inside and outside the boundaries of their reservations, powerful institutions in the United States of America do what they can to benefit from the use of Native American ancestral lands. As long as Native Americans have less control over their lands than outsiders do, and that environmental policy takes a backseat, there is little sign that conditions will improve for native American tribes in the US.
*Edited by Andy Colando
Works Cited
Daly, M. (2021, April 6). EPA restoring State and tribal power to protect waterways. Associated Press. https://apnews.com/article/donald-trump-business-environment-and-nature-government-and-politics-fae51ab8e9fe522210515362d13865e0
Gresko, J. (2022, April 11). Supreme Court reinstates Trump-era water rule. Indian Country Today. https://indiancountrytoday.com/news/supreme-court-reinstates-donald-trump-era-water-rule
Lee, L. (2022, April 15). Meta's Willow Village project aims to build around Native American site. Redwood City Pulse. https://www.rwcpulse.com/location/menlo-park/metas-willow-village-project-aims-to-build-around-native-american-site-5270556
State Certification of Activities Requiring A Federal License or Permit, 40 C.F.R. Part 121 (2022). https://www.ecfr.gov/current/title-40/chapter-I/subchapter-D/part-121
U.S. Supreme Court. (2022). Louisiana, et. al. v. American Rivers et. al.: On Application for Stay. (Supreme Court Publication No. 21A539) https://www.supremecourt.gov/opinions/21pdf/21a539_6jgm.pdf
