What the US Could Learn About Mining on Indigenous Peoples’ Ancestral Lands

Many Native American tribes in the United States maintain deep cultural and historical connections to ancestral lands beyond reservation boundaries. However, a 19th-century mining law currently governs much of the lithium boom, allowing mining projects to proceed on these lands without requiring federal consultation with tribes. Although some federal policies attempt to address this gap, tribal consultation often remains discretionary and occurs too late in the decision-making process, limiting Indigenous communities’ ability to influence outcomes. This situation contrasts sharply with approaches taken by other countries grappling with colonial histories. For example, New Zealand incorporates Māori rights and treaty principles into statutes governing land and resource decisions. Since 1975, a government commission has addressed Māori claims related to treaty breaches, resulting in approximately 100 settlements that include financial compensation, recognition of cultural sites, land transfers, and co-management partnerships. Some agreements have even granted legal personhood to places of significant Indigenous importance or returned land to Māori stewardship. Similarly, Norway has recognized the constitutional rights of the Sámi people and was the first country to ratify the International Labour Organization’s Convention 169, which commits to recognizing Indigenous land rights and securing their consent for developments affecting their interests. This framework aims to ensure meaningful consultation and respect for Sámi traditional territories, marking a more robust legal protection compared to the U.S. model. The U.S. experience highlights ongoing challenges in balancing resource development with Indigenous sovereignty and cultural preservation. As demand for critical minerals like lithium grows amid the global energy transition, the lack of mandatory consultation and consent mechanisms risks perpetuating historical injustices. Lessons from New Zealand and Norway suggest that stronger legal frameworks acknowledging Indigenous rights and fostering genuine partnerships could help address these issues while advancing sustainable resource management.