From The High Country News [March 18, 2021] (Anna V. Smith):
Four important decisions will impact the forests, lands and waters of tribal nations.
Tribal leaders see President Joe Biden’s administration as an opportunity to increase tribal consultation regarding issues like water management, oil and gas leasing, and land conservation. Here, we look at four major projects — all of them years in the making — that the new administration is tasked with advancing in the next four years. Most fall under the Department of the Interior, now headed by its first Indigenous secretary, Deb Haaland (Laguna Pueblo).
TONGASS NATIONAL FOREST MANAGEMENT
On his first day in office, Biden issued an executive order to revisit the U.S. Department of Agriculture’s Trump-era decision to exempt Alaska’s Tongass National Forest from a federal rule protecting 9.3 million acres of it from logging, mining and roadways. The Trump administration raced through the process despite the pandemic. The Tongass — the largest national forest in the U.S. — serves as a massive carbon sink and is of national importance. It also supports the old-growth red cedar, Sitka black-tailed deer and salmon that the Alaska Native tribes of the region rely on. None of the Southeast Alaska Native tribes who participated in the consultation process supported the exemption, and all withdrew in protest.
In addition to reviewing the Tongass protections, the Biden administration also has to decide on a rule proposed by 11 Southeast Alaska Native tribes in July 2020. The Traditional Homelands Conservation Rule would increase the role of Alaska Native tribes in the management of the forest’s trees, wildlife and waters. The tribes proposed the rule after decades of inadequate tribal consultation on the Tongass, their ancestral and current homeland.
COLORADO RIVER BASIN GUIDELINES BY 2026
Negotiations among federal, tribal and state governments on water flows and allocations in the Colorado River Basin began last year and are set to conclude by 2026. At stake is the water supply for 40 million people.
The current set of interim guidelines was created in 2007 by the seven basin states — Colorado, Arizona, Utah, California, Nevada, Wyoming and New Mexico — and the federal government. None of the 29 federally recognized tribes in the Colorado River Basin were consulted, despite having senior water rights that account for 20% of the river’s water.
The negotiations are happening amid some of the most serious drought predictions the region has seen; in January, the river’s drought contingency plan was triggered for the first time. Climate change has brought extreme drought conditions to about 75% of the river’s Upper Basin, and that will no doubt influence the tenor of the negotiations.
KLAMATH RIVER DAM REMOVAL IN 2023
After years of political, social and regulatory barriers, the undamming of the Klamath River is within sight. When — or if — it’s completed, it will be the largest dam removal effort in U.S. history, bringing down four out of six dams on the river in southern Oregon and Northern California , including one that’s 103 years old. For now, the project is on track to begin in 2023, and by 2024 there could be free-flowing water in the river, opening up some 400 miles of habitat in California for salmon, lamprey and trout. The nonprofit charged with the dam removals, the Klamath River Renewal Corporation, still needs the Federal Energy Regulatory Committee, which is headed by political appointees, to approve its current plan.
Last year’s drought created more conflict over water allocations on the Klamath. In, August, the Bureau of Reclamation cancelled promised water flows for the Yurok Tribe’s Ceremonial Boat Dance. In response, the Yurok Tribe sued the agency. The federal government will need to bring stakeholders together for a large-scale agreement to end this cycle of seasonal litigation, something the Obama administration attempted unsuccessfully to do.
OIL AND GAS LEASING PERMIT PAUSE ON FEDERAL LANDS
In late January, when Joe Biden signed multiple executive orders to address the “climate crisis,” he ordered Interior to put a temporary moratorium on new oil and gas leases on public lands and offshore waters. The administration called for a review of the leasing and royalties process, citing climate impacts and their growing cost, and specifically requested a review of leases in Alaska’s Arctic National Wildlife Refuge. President Donald Trump’s outgoing administration had opened ANWR for sale just weeks before Biden took office.
Biden’s executive orders don’t impact existing leases, or oil and gas on tribal lands. But much of the tribal opposition involves activities on ancestral territory that is currently public land, sometimes carried out without adequate tribal consultation. The Arctic Refuge and places like New Mexico’s Chaco Canyon have been flashpoints of conflict over leasing, and many advocates want Biden to extend the pause as a permanent ban. This was a key sticking point for many Republican senators during Haaland’s confirmation hearings, which Sen. Maria Cantwell, D-Wash., described as a “proxy fight over the future of fossil fuels.”
Anna V. Smith is an assistant editor for High Country News. Email us at firstname.lastname@example.org.