Indigenous voters worry a Harris presidency means endangering sacred lands

At an August rally in Glendale, Arizona, the rowdiness of the crowd suggested a rockstar was about to take the stage. Instead, a booming voice welcomed the spectators with a full-throated endorsement of Democratic presidential candidate Kamala Harris: “She is the right person at the right time to be our country’s 47th president!” The voice belonged to Governor of the Gila River Indian Community Stephen Roe Lewis, a tribal leader who helped resolve long overdue water rights in the state for the tribe last year. “Skoden!” 

Later on, after a warm-up speech from running mate Tim Walz, Vice President Harris took the stage, saying she would “always honor tribal sovereignty and respect tribal self-determination,” (The 22 federally recognized tribes in Arizona make an Indigenous voting block that proved essential to President Joe Biden’s win in the swing state in 2020.) On her campaign website, she maintains that she will work to secure America’s industrial future by investing in clean energy — but clean-energy development often negatively impacts sites on federal lands that are sacred to Indigenous peoples. 

The Biden-Harris administration has been one of the most supportive of Native peoples, investing millions of dollars of federal funding for climate resilience and green energy initiatives. Still, the Indigenous vote for Harris in 2024 is far from assured. While the U.S. has big goals on its path to a clean-energy future, those plans have to compete against the preservation of tribal lands — an issue Harris has stumbled over in her political career, dating back to her time as California’s attorney general. 

Almost 80 miles east of the Arizona rally, a sacred site is in danger. Oak Flat, a swath of national forest land in the high desert, has been an important spiritual site for tribes like the San Carlos Apache for centuries, and is used for ceremonies and gathering medicines like sage, bear root, and greasewood. Yet the area is under threat — Rio Tinto, an international mining company, has been fighting to put a copper mine there for more than a decade. Oak Flat is home to one of the planet’s largest undeveloped copper reserves, and the metal is critical to making the electric batteries necessary for the shift to cleaner energy sources. 

Oak Flat and other sacred sites have not been given enough federal protections, activists say, despite intense advocacy from the tribal nations affected. Much of the U.S. has already been built and powered at the expense of tribal lands and peoples. To reach its goal of 80 percent renewable energy generation by 2030, and carbon-free electricity five years after that, the U.S. needs big investments and robust policy support. While Harris says she is the candidate in the best position to achieve those goals, there is a concern among Indigenous communities that doing so will continue to exploit tribal homelands — most of the minerals needed for the energy transition are located within 35 miles of away from tribal communities, on lands originally stolen from them. 

“They definitely are hard to do at the same time. That’s the conflict,” said Dov Kroff-Korn, an attorney at Lakota People’s Law and Sacred Defense Fund, of the balance between extracting the minerals critical to the energy transition and protecting tribal lands where many such minerals are located. He mentioned that Harris has few environmental policies of her own to critique, and that, policy-wise, the broader Biden-Harris administration has been a mixed bag. “There’s been a lot of positive signs that should be recognized and applauded. But it’s also been a continuation of a lot of the same old extractive policies that have powered America for pretty much its entire history.”

In a bid to protect some places from industry, President Biden flexed his ability to make national monuments out of sacred sites, such as the Ancestral Footprints of the Grand Canyon National Monument — or Baaj Nwaavjo I’tah Kukveni — as well as to fully restore the boundaries of the Bears Ears monument in Utah from a Trump-era rollback. Biden also appointed the first-ever Native American to his Cabinet — Deb Haaland, Pueblo of Laguna — as the head of the Department of Interior. In her role, Haaland has instructed federal agencies to incorporate traditional knowledge in order to better protect Indigenous sacred sites on public land.

During her tenure as vice president, Harris has been party to the administration’s push to produce more oil and gas than ever, despite promises to halve greenhouse gas emissions by 2030. Last year, the Biden administration also gave the green light to the Willow project, an $8 billion dollar drilling operation on Alaska’s North Slope that some, but not all, tribes were against. Throughout her presidential campaign, and in a reversal of her previous stance, Harris has showed support for fracking, a controversial drilling method that extracts oil and natural gas from deep within the ground. 

Crystal Cavalier-Keck, a member of the Occoneechee Band of the Saponi Nation in South Carolina, is the cofounder of 7 Directions of Service, an Indigenous-led environmental justice organization. She’s concerned that the Mountain Valley Pipeline, currently a 303-mile system that runs through West Virginia and Virginia, will permanently damage the sacred Haw River where she has many memories with her family. Over the years, the beleaguered river has been polluted by chemicals and is now threatened by the pipeline, which began operations in June. 

In 2020, Cavalier-Keck campaigned for Biden in South Carolina but didn’t see movement on the environmental protections she wanted after he got elected. She said she will still vote for Harris in November but feels like her concerns are not being talked about. “There’s not much at all on her environmental policies,” she said. “They’re saying the right buzzwords, like ‘clean, renewable, forward.’ But where’s the meat of it?” 

She lives about a two-hour drive from where Hurricane Helene has claimed more than 100 lives in North Carolina, and she worries that the next big climate disaster will reach her community. Cavalier-Keck said that her tribe has had issues accessing the roughly $120 million in federal funding to help tribes build climate resilience. 

During Harris’ time as attorney general of California, she argued against tribes putting land into trust, a process that can protect land as well as allow economic development like casinos where gambling might be banned, claiming the situation only applies if a tribe was “under federal jurisdiction” when the Indian Reorganization Act was passed in the 1930s. The Ninth Circuit Court of Appeals ruled against Harris and the state, but had she won the case, about 100 tribes in California would not have been allowed to benefit from trust lands. 

Still, Lael Echo Hawk, who is Pawnee and an expert in tribal law, says Harris’ decisions as attorney general aren’t reflective of what she might be capable of as president. She pointed out that as attorney general, Harris helped pass a red flag law in California to take away firearms from people deemed dangerous. Plus, she called on the U.S. Congress to reauthorize the Violence Against Women Act — an issue important in Native communities, where women go missing and are the survivors of violence at a rate higher than the national average. Echo Hawk also knows of tribes concerned with border issues and immigration that are endorsing Harris. “These are important issues that I think better demonstrate her commitment to advancing and protecting tribal sovereignty,” Echo Hawk said. 

But for Nick Estes, a member of the Lower Brule Sioux Tribe and a professor at the University of Minnesota, Harris might just be a continuation of the Biden administration, which he maintains has taken advantage of tribal lands. As it stands today, 1.6 million surface and subsurface acres of land within 83 reservations have non-Natives benefiting from oil, gas, and mining operations, among other extractive industries.

“You can’t just have a vibes-based environmental policy. It actually needs to be concrete,” said Estes. “What we’ve seen is just service to industry at the expense of Native lands and livelihoods.”

This story was originally published by Grist with the headline Indigenous voters worry a Harris presidency means endangering sacred lands on Oct 7, 2024.