CONTEMPORARY ISSUES IN NATIVE COMMUNITIES

CONTEMPORARY ISSUES IN NATIVE COMMUNITIES

Main Points and Outline Legacies of Militant Activism New policies, self-determination, and measured sovereignty Federal (Re)recognition Border issues Religious Freedom and Repatriation Water rights Tourism and Casinos Conclusions and Wrap-up

Legacies of Militant Activism Modern Activism reflected era Youth, generations: traditional and urban Treaties/sovereignty Identity/ rediscovery of history Changed federal policies Competition for grants, $, resources

New Policies (1968-78) Indian Civil Rights Act, 1968 Ended Termination Bill of Rights and Constitution on reservations Protected individual rights Menominee Restoration Act, 1973 1975 Indian Ed & Self-Determination Act Ec. development, education, health, politics Indian Child Welfare Act, 1978 Office of Federal Acknowledgment, 1978 American Indian Religious Freedom Act, 1978

New Policies Indian Gaming Regulatory Act (1988) Gaming compacts Native American Graves Protection and Repatriation Act (1990) Arizona Water Rights Settlement Ak-Chin Farming

Religious Freedom 1978 American Indian Religious Freedom Act Land-based religions Ties between land, place, identity, religions Separation from sites cripples some religious beliefs, thus violating religious liberties Black Hills / Devil s Tower / Taos Blue Lake Mount Graham Observatory Apache Sacred Mountain and Telescope Arizona Snowbowl San Francisco Peaks, skiing, sacred mountains

Native American Graves Protection and Repatriation Act Military, archeologists, Bureau of Ethnology Antiquities Act, 1906 Repatriation efforts grew after 1975 Self- Determination legislation Pawnee & Zuni cases led to NAGPRA in 1990 Agencies accepting federal funds or working on federal land to follow strict protocols Human remains and Cultural Patrimony

Water Rights Winters Doctrine, 1908 Senior rights, inherent/reserved rights Water supports cultural, religious, economic survival Non-Native ranching and farming in the Southwest exhausted natural recharge of aquifers Federal dams during mid-20 th century Columbia River, Colorado River, Missouri River Coal-based power plants used a lot of water Agriculture for Hopi, Maricopa, O odham and others declined drastically over 20 th century

Colorado River and Indian Nations Feeds 7 states 30 million people 1,500 miles long One of fastest in U.S. Who gets to use it? AZ v. CA

Arizona v. California L.A. wanted more water Looked to Col. River Conflicted with AZ Colorado River Compact of 1922 Allocated river but used estimates based on unusually high flow 1930s National Guard stand-off Ongoing water disputes

Hoover Dam Water for L.A., Imperial Valley, Phoenix, and power for region Neglected Indian reservations and reduced water flow Ongoing water disputes

Arizona v. California, 1963 Debates over allocation of water 1955 appointment of a Special Master 50 lawyers, $$ billions and future of states Court case settled water claims Colorado River Basin Project Act of 1968 prohibited additional dams on Colorado River and enabled the construction of the Central Arizona Project Delivery of water stalled for decades

Central Arizona Project Arizona v. California water for AZ 360 miles of canals Largest water project in U.S. Use it or lose it Urban sprawl River Delta Source of water for tribes in Central AZ

CAP and Native Agriculture Several tribes lost water, others gained Ak-Chin Indian Reservation Floodplain agriculture on Gila and Salt rivers Ak-Chin is about 35 sq. miles White farmers and city took water In 1940s-50s BIA leased their land to whites 1960s demanded control of agriculture

Farming for millennia

Ak Chin Farms In the 1970s water became the biggest issue in Central Arizona Ak-Chin threatened to sue in the 1970s 1978 legislative settlement approved $43 million and guaranteed them 85,000 acre/ft of water But where would the water come from??? One of the first people to get CAP water 20,000 acre Ak-Chin Farms Cotton, alfalfa, beans, pecans, pistachios Used revenue for schools, roads clinics, police, diabetes Nearly 90% employment

Gaming and Casinos Small scale gambling throughout the U.S. Lottery, bingo, poker, etc Cabezon Band of Mission Indians (CA) California tried to shut it down, Cabezon sued Cabezon legal ruling favored tribes right to run casinos and open gaming establishments, 1987 Indian Gaming Regulatory Act (IGRA), 1988 National Indian Gaming Regulatory Commission Three Classes of Gaming Must be legal in the state Regulation and compacts

Mixed Results of Casinos Ft. McDowell Ysleta del Sur

Inn of the Mountain Gods Forest / mountains for skiing (Sierra Blanca), and herds of elk and deer in Indian Claims Commission Wendell Chino, 1970s Established Inn of the Mountain Gods

Tourism as Economic Development The Hualapai Lack of grazing and farming land, minimal timber Problems caused by uranium mining & logging Failed casino Desire to control their economy Contracted river runners to take tourists down River Hualapai River Runners (1973) is the only Native owned and operated river running business Hualapai Skywalk

Hualapai and the Skywalk

Grand Canyon Skywalk Grand Canyon West established in 1988 Unobstructed views of the Canyon Tourists from Las Vegas 2002/3, David Jin Partnership with the Grand Canyon Resort Corporation, Hualapai corporation $40 million U.S. 75% of visitors are from outside of the United States Airplanes, busses and helicopters from Las Vegas

The Tohono O odham 80 miles along border Easy crossing 1937 creation of IRA government established formal relations with US Census included Mexican T.O., but US citizenship in doubt

Pilgrimage to Magdalena, Sonora Burial site of Father Kino & original place where the image of Assisi resided Catholic & Indigenous pilgrimage for penance rejuvenation, forgiveness Border crossings on the T.O. Reservation

Legislation for O odham Citizenship Indigenous rights to cross the border 1987:Udall bill for free passage President Reagan s response Limited access for Mexican T.O. to Indian services Cross at official ports Losing ties with relatives, seasonal food and resource gathering declined Confusion over citizenship status and nationality; racial and ethnic identity

Legislation, continued 1998: Ed Pastor Bill Protect crossing rights at traditional sites Protect sacred and cultural sites and practices Required federal consultation with T.O. on O odham lands Wanted to include southern tribes Jay Treaty, 1790s Treaty of Guadalupe Hidalgo and the Mesilla Treaty / Gadsden Purchase Not applicable

The Tohono O odham, 2001 It Is Not Our Fault Amend the 1952 Immigration and Naturalization Act to make all T.O. members US citizens 7,000 born in US w/o papers / 1,400 from Mexico Children of both of these groups had unclear status Prioritized T.O. census for T.O. citizenship, which included Mexican T.O. Negated need for US state or federal documents US citizenship conferred to all on T.O. roll In effect, triple citizenship

Tohono O odham Initiative Enabled Mexican born T.O. to gain access to US citizenship and resources available to members Pilot Program for laser visas to allow Mexican T.O. into US Visas for nearly 1,500 more Tribal identification papers needed to cross on T.O. lands September 11, 2001 Bill vaporized after national security measures Blended with anti-immigrant movement in Arizona & fears about drug trafficking Massive build-up of Border Patrol

Militarization of the Border A long history Westward expansion, Wars against Indigenous peoples and Mexicans Military forts used against Indians became forts for policing the border, and then became military bases in the 20 th century. Policing the border is tied to exertion of US power globally. Policing against immigrants Texas Rangers, US Border Patrol

Funnel Impact of border enforcement NAFTA (1994), Operation Gatekeeper, Operation Hold the Line (1993/4), Operation Safeguard (1995)

Militarization & The Wall PATRIOT Act, REAL ID Act (2005), Secure Border Initiative (2005), Secure Fence Act (2006) Eminent Domain and land appropriation Restructuring of agencies into DHS DHS and national security trumps Native rights Technology & boots on the ground Blurring of domestic policing agencies, national security, and Drug Wars Drug and Human Trafficking $20-$40 billion industry, consumption, destabilizing communities, local economics Native border communities caught up in debate, sweeps, mistaken ID

The Tamez Family (Lipan) Eloise and Margo Tamez Tamez family Spanish San Pedro de Carracitos Land Grant from 1740s Lost land little by little due to taxation and annexation by county Secure Fence Act of 2006 Their experience with the border wall and lawsuits with DHS

Brownsville near El Calaboz (Nde )

Wall adjacent to Tamez land

Conclusions 1970s brought a new era in policies Tribal activism and national organizations pressured FEDS to make changes Take greater control over economies and governments Victories with water settlements in Arizona Minimal successes with religious freedoms Mixed successes with casinos Indian nations continue to face old challenges in new forms Border militarization has posed new, practically insurmountable challenges for communities