THE ROAD TO NET ZERO MUST INCLUDE RESPECT FOR TRIBAL SOVEREIGNTY
The transition from traditional energy to renewable energy must not come at the expense of tribal sovereignty and rights. The Biden Administration set a goal of making the federal government carbon neutral (“Net Zero”) by 2050. To achieve this goal, it will be necessary to shift from traditional energy sources to wind and solar power among other renewable energy sources. The transition to Net Zero is a necessary change to combat global warming and reduce the impacts of climate change, which are disproportionately affecting Tribal Nations and other indigenous communities. Many of the key minerals needed to make this transition away from fossil fuels are located on or near reservations or areas of importance to Tribal Nations. Renewable energy requires the mining for the cobalt, copper, lithium, and nickel deposits. These minerals are needed for the batteries needed for wind and solar energy projects. Most of these mineral deposits are located within 35 miles of existing reservations and many of them are located in areas of cultural significance to neighboring tribes. For example, the Resolution copper mine in Arizona has drawn opposition because of the threat it poses to Chich’il Bildagoteel, also known as Oak Flat. The lithium mine at Thacker Pass in Nevada will have similar impacts on a culturally important site and has drawn fierce resistance from the neighboring communities. The Biden Administration must seek the free prior and informed consent of affected tribes as the first step in this transition. The clean energy transition should include Tribal Nations as equal partners. There is a long history of federal policies negatively impacting Tribal Nations. Tribes are already experiencing the effects of climate change firsthand. It is possible for the administration to equally prioritize environmental concerns and tribal rights without compromising either. There is no inherent conflict between the Administration’s environmental priorities and the rights of Tribal Nations, so both should be valued equally in the energy transition. The Administration’s move towards Net Zero must include the following priorities. • The free prior informed consent of any Tribal Nations in proximity to or with cultural ties to proposed mining areas must be sought before any new mining projects are approved; and • Existing leases should be reviewed for impacts on tribal sacred sites and other culturally significant sites; and • Treat Tribal Nations as equal partners in the process from planning to permitting; and • Engage in meaningful consultation with Tribal Nations prior to approving new leases that could impact tribal members or culturally significant sites.
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