Indigenous Rights

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

In the U.S., many Native American tribes maintain deep cultural and historical ties to ancestral lands outside of reservation boundaries. A 19th-century mining law still governs much of today’s lithium boom—and it doesn’t require the federal government to consult tribes before mining projects advance on these ancestral lands. While some federal policies attempt to fill that gap, tribal consultation often remains discretionary and occurs too late—leaving tribes with little power to influence project outcomes. No country grappling with its colonial history offers a perfect model for mining on tribes’ ancestral lands. But in stark contrast to the U.S., some have more robust policies and legal protections for Indigenous communities that acknowledge past harms, create space for informed consent and even give contested land back to tribes. In New Zealand, Māori rights and treaty principles are built into statutes that govern land and resource decisions. Officials have also adopted mechanisms to compensate Indigenous communities for lost land. Since 1975, a government commission has investigated claims about tribal treaty breaches, leading to roughly 100 settlements with Māori tribes—iwi—to date. These agreements include financial compensation, recognition of cultural sites, land transfers and partnerships to co-manage natural resources. In some cases, the government has