[HN Gopher] Native Americans say U.S. does not own land it is ab...
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       Native Americans say U.S. does not own land it is about to give to
       Rio Tinto
        
       Author : pseudolus
       Score  : 87 points
       Date   : 2021-01-14 22:02 UTC (57 minutes ago)
        
 (HTM) web link (www.reuters.com)
 (TXT) w3m dump (www.reuters.com)
        
       | KingMachiavelli wrote:
       | > Tribal members have also filed a lawsuit seeking to block the
       | study's publication.
       | 
       | Hmm, that's kind of a weird step in the process to block via a
       | lawsuit. The environmental study really doesn't have anything to
       | do with who owns the land. If anything, I would think it would be
       | of the Apache's benefit to have the study published. If the
       | environment effects of a copper mine are damning which is a
       | likely case, then the mine might face significant hurdles anyway.
        
         | beauzero wrote:
         | This is how pretty much all of this stuff goes for natural
         | resource extraction in western US. Same thing happens for
         | timber extraction/runoff/roads, etc. out west. If you want to
         | stop it you throw speed bumps in its way and hope that
         | administrations change. It is very likely that under Biden the
         | EPA/Forest Service/BLM/BIA may have different priorities.
        
           | RcouF1uZ4gsC wrote:
           | Also infrastructure projects. Environmental lawsuits are used
           | to drive up the time and monetary costs until it no longer
           | becomes viable.
        
         | leetcrew wrote:
         | apparently the land can't change hands until the study is
         | published. it's just a delaying tactic while they seek a
         | favorable judgement.
        
       | sesuximo wrote:
       | Couldn't the govt just use eminent domain?
        
         | [deleted]
        
         | wavefunction wrote:
         | On what is a National Forest but apparently legally Apache
         | land? That's a fair number of hoops to jump through and
         | personally not something I think the US Government should be
         | undertaking for a foreign extractive company like Rio Tinto
         | with such a checkered record and horrendous reputation.
        
           | 1over137 wrote:
           | Does it being a "foreign" company really matter at all?
        
         | dragonwriter wrote:
         | Nope, because this isn't about simple title, but control by a
         | subordinate sovereign whose interest can only be reduced
         | voluntarily or by Congressional action.
        
         | advisedwang wrote:
         | Native american claims on land are stronger than regular
         | property rights. There are treaty provisions and sovereignty
         | too. IANAL and perhaps it is possible to override these with
         | eminent domain, but it's surely legally and politically harder
         | to eminent domain this land than a private owner's.
        
         | _jal wrote:
         | Eminent domain doesn't work across sovereign borders. When you
         | try, that's called 'invasion'.
        
         | seniorsassycat wrote:
         | Eminent domain would require payment for the land right? The
         | optics would also be worse - tho not much worse than the
         | articles current headlines.
        
       | GauntletWizard wrote:
       | I believe the right approach is for the US to apply for
       | squatter's rights. The land was not otherwise in use, and the US
       | has been occupying it for years.
        
         | anonAndOn wrote:
         | Isn't that like trying to apply squatter's rights on a piece of
         | Canada or Mexico? AFAIK, Apache land is sovereign and only
         | managed (not owned) by the US.
        
       | [deleted]
        
       | VWWHFSfQ wrote:
       | I wish I could find the court case, but the gist of it was that
       | there was an enormous amount of "public land" in Oklahoma (I
       | think) that a court ruled was actually owned by a Native American
       | tribe and the deed/land was given to them. Access to the public
       | was immediately revoked and multiple casinos were built on the
       | part of the land near a lake and closest to the highway that ran
       | through the land.
       | 
       | Is this a similar case? Also if anyone has a recollection of what
       | I'm referring to, that would be awesome. My search skills are
       | failing me.
        
         | dbg31415 wrote:
         | Supreme Court Rules That About Half Of Oklahoma Is Native
         | American Land : NPR ||
         | https://www.npr.org/2020/07/09/889562040/supreme-court-rules...
         | 
         | Supreme Court recognizes Native sovereignty in much of Oklahoma
         | || https://www.pri.org/stories/2020-10-12/supreme-court-
         | recogni...
        
           | VWWHFSfQ wrote:
           | Thanks! Yeah this is it. I'm still trying to find the other
           | details about the case
        
         | [deleted]
        
         | lozaning wrote:
         | McGIRT v. OKLAHOMA maybe?
         | 
         | https://www.supremecourt.gov/opinions/19pdf/18-9526_9okb.pdf
         | 
         | Half of oklahoma was ruled to be on a reservation somewhat
         | recently. Never heard any casino new related to this ruling
         | though.
        
         | teawrecks wrote:
         | If you google "court declares oklahoma belongs to native
         | americans" you'll get dozens of articles about it from 6mo ago.
        
           | VWWHFSfQ wrote:
           | Thanks yeah, that's definitely the case. I'm trying to find
           | the other details regarding the issue of revoking the public
           | access and developing areas around some public-access lake
           | that was on the land.
        
             | resoluteteeth wrote:
             | I don't think McGirt v. Oklahoma actually gave ownership of
             | the land to Native Americans.
        
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       (page generated 2021-01-14 23:00 UTC)