Search This Blog

Monday, January 9, 2023

Cultural assimilation of Native Americans

The cultural assimilation of Native Americans refers to a series of efforts by the United States to assimilate Native Americans into mainstream European–American culture between the years of 1790 and 1920. George Washington and Henry Knox were first to propose, in the American context, the cultural assimilation of Native Americans. They formulated a policy to encourage the so-called "civilizing process". With increased waves of immigration from Europe, there was growing public support for education to encourage a standard set of cultural values and practices to be held in common by the majority of citizens. Education was viewed as the primary method in the acculturation process for minorities.

Americanization policies were based on the idea that when indigenous people learned customs and values of the United States, they would be able to merge tribal traditions with American culture and peacefully join the majority of the society. After the end of the Indian Wars, in the late 19th and early 20th centuries, the federal government outlawed the practice of traditional religious ceremonies. It established Native American boarding schools which children were required to attend. In these schools they were forced to speak English, study standard subjects, attend church, and leave tribal traditions behind.

The Dawes Act of 1887, which allotted tribal lands in severalty to individuals, was seen as a way to create individual homesteads for Native Americans. Land allotments were made in exchange for Native Americans becoming US citizens and giving up some forms of tribal self-government and institutions. It resulted in the transfer of an estimated total of 93 million acres (380,000 km2) from Native American control. Most was sold to individuals or given out free through the Homestead law, or given directly to Indians as individuals. The Indian Citizenship Act of 1924 was also part of Americanization policy; it gave full citizenship to all Indians living on reservations. The leading opponent of forced assimilation was John Collier, who directed the federal Office of Indian Affairs from 1933 to 1945, and tried to reverse many of the established policies.

Europeans and Native Americans in North America, 1601–1776

Eastern North America; the 1763 "Proclamation line" is the border between the red and the pink areas.

Epidemiological and archeological work has established the effects of increased immigration of children accompanying families from Central Africa to North America between 1634 and 1640. They came from areas where smallpox was endemic in Europea, and passed on the disease to indigenous people. Tribes such as the Huron-Wendat and others in the Northeast particularly suffered devastating epidemics after 1634.

During this period European powers fought to acquire cultural and economic control of North America, just as they were doing in Europe. At the same time, indigenous peoples competed for dominance in the European fur trade and hunting areas. The European colonial powers sought to hire Native American tribes as auxiliary forces in their North American armies, otherwise composed mostly of colonial militia in the early conflicts. In many cases indigenous warriors formed the great majority of fighting forces, which deepened some of their rivalries. To secure the help of the tribes, the Europeans offered goods and signed treaties. The treaties usually promised that the European power would honor the tribe's traditional lands and independence. In addition, the indigenous peoples formed alliances for their own reasons, wanting to keep allies in the fur and gun trades, positioning European allies against their traditional enemies among other tribes, etc. Many Native American tribes took part in King William's War (1689–1697), Queen Anne's War (1702–1713) (War of the Spanish Succession), Dummer's War (c. 1721–1725), and the French and Indian War (1754–1763) (Seven Years' War).

As the dominant power after the Seven Years' War, Great Britain instituted the Royal Proclamation of 1763, to try to protect indigenous peoples' territory from colonial encroachment of peoples from east of the Appalachian Mountains. The document defined a boundary to demacarte Native American territory from that of the European-American settlers. Despite the intentions of the Crown, the proclamation did not effectively prevent colonists from continuing to migrate westward. The British did not have sufficient forces to patrol the border and keep out migrating colonists. From the perspective of the colonists, the proclamation served as one of the Intolerable Acts and one of the 27 colonial grievances that would lead to the American Revolution and eventual independence from Britain.

The United States and Native Americans, 1776–1860

Indian Agent Benjamin Hawkins demonstrating European methods of farming to Creek (Muscogee) on his Georgia plantation situated along the Flint River, 1805

The most important facet of the foreign policy of the newly independent United States was primarily concerned with devising a policy to deal with the various Native American tribes it bordered. To this end, they largely continued the practises that had been adopted since colonial times by settlers and European governments. They realized that good relations with bordering tribes were important for political and trading reasons, but they also reserved the right to abandon these good relations to conquer and absorb the lands of their enemies and allies alike as the American frontier moved west. The United States continued the use of Native Americans as allies, including during the American Revolutionary War and the War of 1812. As relations with Britain and Spain normalized during the early 19th century, the need for such friendly relations ended. It was no longer necessary to "woo" the tribes to prevent the other powers from allying with them against the United States. Now, instead of a buffer against European powers, the tribes often became viewed as an obstacle in the expansion of the United States.

George Washington formulated a policy to encourage the "civilizing" process. He had a six-point plan for civilization which included:

  1. impartial justice toward Native Americans
  2. regulated buying of Native American lands
  3. promotion of commerce
  4. promotion of experiments to civilize or improve Native American society
  5. presidential authority to give presents
  6. punishing those who violated Native American rights.

Robert Remini, a historian, wrote that "once the Indians adopted the practice of private property, built homes, farmed, educated their children, and embraced Christianity, these Native Americans would win acceptance from white Americans". The United States appointed agents, like Benjamin Hawkins, to live among the Native Americans and to teach them how to live like whites.

How different would be the sensation of a philosophic mind to reflect that instead of exterminating a part of the human race by our modes of population that we had persevered through all difficulties and at last had imparted our Knowledge of cultivating and the arts, to the Aboriginals of the Country by which the source of future life and happiness had been preserved and extended. But it has been conceived to be impracticable to civilize the Indians of North America – This opinion is probably more convenient than just.

— Henry Knox to George Washington, 1790s.

Indian removal

The Indian Removal Act of 1830 characterized the U.S. government policy of Indian removal, which called for the forced relocation of Native American tribes living east of the Mississippi River to lands west of the river. While it did not authorize the forced removal of the indigenous tribes, it authorized the President to negotiate land exchange treaties with tribes located in lands of the United States. The Intercourse Law of 1834 prohibited United States citizens from entering tribal lands granted by such treaties without permission, though it was often ignored.

On September 27, 1830, the Choctaws signed Treaty of Dancing Rabbit Creek and the first Native American tribe was to be voluntarily removed. The agreement represented one of the largest transfers of land that was signed between the U.S. Government and Native Americans without being instigated by warfare. By the treaty, the Choctaws signed away their remaining traditional homelands, opening them up for American settlement in Mississippi Territory.

While the Indian Removal Act made the relocation of the tribes voluntary, it was often abused by government officials. The best-known example is the Treaty of New Echota. It was negotiated and signed by a small fraction of Cherokee tribal members, not the tribal leadership, on December 29, 1835. While tribal leaders objected to Washington, DC and the treaty was revised in 1836, the state of Georgia proceeded to act against the Cherokee tribe. The tribe was forced to relocate in 1838. An estimated 4,000 Cherokees died in the march, now known as the Trail of Tears.

In the decades that followed, white settlers encroached even into the western lands set aside for Native Americans. American settlers eventually made homesteads from coast to coast, just as the Native Americans had before them. No tribe was untouched by the influence of white traders, farmers, and soldiers.

Office of Indian Affairs

The Office of Indian Affairs (Bureau of Indian Affairs as of 1947) was established on March 11, 1824, as an office of the United States Department of War, an indication of the state of relations with the Indians. It became responsible for negotiating treaties and enforcing conditions, at least for Native Americans. In 1849 the bureau was transferred to the Department of the Interior as so many of its responsibilities were related to the holding and disposition of large land assets.

In 1854 Commissioner George W. Manypenny called for a new code of regulations. He noted that there was no place in the West where the Indians could be placed with a reasonable hope that they might escape conflict with white settlers. He also called for the Intercourse Law of 1834 to be revised, as its provisions had been aimed at individual intruders on Indian territory rather than at organized expeditions.

In 1858 the succeeding Commissioner, Charles Mix, noted that the repeated removal of tribes had prevented them from acquiring a taste for European way of life. In 1862 Secretary of the Interior Caleb B. Smith questioned the wisdom of treating tribes as quasi-independent nations. Given the difficulties of the government in what it considered good efforts to support separate status for Native Americans, appointees and officials began to consider a policy of Americanization instead.

Americanization and assimilation (1857–1920)

Portrait of Marsdin, non-native man, and group of students from the Alaska region

The movement to reform Indian administration and assimilate Indians as citizens originated in the pleas of people who lived in close association with the natives and were shocked by the fraudulent and indifferent management of their affairs. They called themselves "Friends of the Indian" and lobbied officials on their behalf. Gradually the call for change was taken up by Eastern reformers. Typically the reformers were Protestants from well organized denominations who considered assimilation necessary to the Christianizing of the Indians; Catholics were also involved. The 19th century was a time of major efforts in evangelizing missionary expeditions to all non-Christian people. In 1865 the government began to make contracts with various missionary societies to operate Indian schools for teaching citizenship, English, and agricultural and mechanical arts, and decades later was continued by the Bureau of Indian Affairs.

Grant's "Peace Policy"

In his State of the Union Address on December 4, 1871, Ulysses Grant stated that "the policy pursued toward the Indians has resulted favorably ... many tribes of Indians have been induced to settle upon reservations, to cultivate the soil, to perform productive labor of various kinds, and to partially accept civilization. They are being cared for in such a way, it is hoped, as to induce those still pursuing their old habits of life to embrace the only opportunity which is left them to avoid extermination." The emphasis became using civilian workers (not soldiers) to deal with reservation life, especially Protestant and Catholic organizations. The Quakers had promoted the peace policy in the expectation that applying Christian principles to Indian affairs would eliminate corruption and speed assimilation. Most Indians joined churches but there were unexpected problems, such as rivalry between Protestants and Catholics for control of specific reservations in order to maximize the number of souls converted.

The Quakers were motivated by high ideals, played down the role of conversion, and worked well with the Indians. They had been highly organized and motivated by the anti-slavery crusade, and after the Civil War expanded their energies to include both ex-slaves and the western tribes. They had Grant's ear and became the principal instruments for his peace policy. During 1869–1885, they served as appointed agents on numerous reservations and superintendencies in a mission centered on moral uplift and manual training. Their ultimate goal of acculturating the Indians to American culture was not reached because of frontier land hunger and Congressional patronage politics.

Many other denominations volunteered to help. In 1871, John H. Stout, sponsored by the Dutch Reformed Church, was sent to the Pima reservation in Arizona to implement the policy. However Congress, the church, and private charities spent less money than was needed; the local whites strongly disliked the Indians; the Pima balked at removal; and Stout was frustrated at every turn.

In Arizona and New Mexico, the Navajo were resettled on reservations and grew rapidly in numbers. The Peace Policy began in 1870 when the Presbyterians took over the reservations. They were frustrated because they did not understand the Navajo. However, the Navajo not only gave up raiding but soon became successful at sheep ranching.

The peace policy did not fully apply to the Indian tribes that had supported the Confederacy. They lost much of their land as the United States began to confiscate the western portions of the Indian Territory and began to resettle the Indians there on smaller reservations.

Reaction to the massacre of Lt. Col. George Custer's unit at the Battle of the Little Big Horn in 1876 was shock and dismay at the failure of the Peace Policy. The Indian appropriations measure of August 1876 marked the end of Grant's Peace Policy. The Sioux were given the choice of either selling their lands in the Black Hills for cash or not receiving government gifts of food and other supplies.

Code of Indian Offenses

In 1882, Interior Secretary Henry M. Teller called attention to the "great hindrance" of Indian customs to the progress of assimilation. The resultant "Code of Indian Offenses" in 1883 outlined the procedure for suppressing "evil practice."

A Court of Indian Offenses, consisting of three Indians appointed by the Indian Agent, was to be established at each Indian agency. The Court would serve as judges to punish offenders. Outlawed behavior included participation in traditional dances and feasts, polygamy, reciprocal gift giving and funeral practices, and intoxication or sale of liquor. Also prohibited were "medicine men" who "use any of the arts of the conjurer to prevent the Indians from abandoning their heathenish rites and customs." The penalties prescribed for violations ranged from 10 to 90 days imprisonment and loss of government-provided rations for up to 30 days.

The Five Civilized Tribes were exempt from the Code which remained in effect until 1933.

In implementation on reservations by Indian judges, the Court of Indian Offenses became mostly an institution to punish minor crimes. The 1890 report of the Secretary of the Interior lists the activities of the Court on several reservations and apparently no Indian was prosecuted for dances or "heathenish ceremonies." Significantly, 1890 was the year of the Ghost Dance, ending with the Wounded Knee Massacre.

The role of the Supreme Court in assimilation

Portrait of an assimilated Indigenous Californian in Sacramento, 1867.

In 1857, Chief Justice Roger B. Taney expressed that since Native Americans were "free and independent people" that they could become U.S. citizens. Taney asserted that Native Americans could be naturalized and join the "political community" of the United States.

[Native Americans], without doubt, like the subjects of any other foreign Government, be naturalized by the authority of Congress, and become citizens of a State, and of the United States; and if an individual should leave his nation or tribe, and take up his abode among the white population, he would be entitled to all the rights and privileges which would belong to an emigrant from any other foreign people.

— Chief Justice Roger B. Taney, 1857, What was Taney thinking? American Indian Citizenship in the era of Dred Scott, Frederick E. Hoxie, April 2007.

The political ideas during the time of assimilation policy are known by many Indians as the progressive era, but more commonly known as the assimilation era) The progressive era was characterized by a resolve to emphasize the importance of dignity and independence in the modern industrialized world. This idea is applied to Native Americans in a quote from Indian Affairs Commissioner John Oberly: "[The Native American] must be imbued with the exalting egotism of American civilization so that he will say ‘I’ instead of ‘We’, and ‘This is mine’ instead of ‘This is ours’." Progressives also had faith in the knowledge of experts. This was a dangerous idea to have when an emerging science was concerned with ranking races based on moral capabilities and intelligence. Indeed, the idea of an inferior Indian race made it into the courts. The progressive era thinkers also wanted to look beyond legal definitions of equality to create a realistic concept of fairness. Such a concept was thought to include a reasonable income, decent working conditions, as well as health and leisure for every American. These ideas can be seen in the decisions of the Supreme Court during the assimilation era.

Cases such as Lone Wolf v. Hitchcock, Talton v. Mayes, Winters v. United States, United States v. Winans, United States v. Nice, and United States v. Sandoval provide excellent examples of the implementation of the paternal view of Native Americans as they refer back to the idea of Indians as "wards of the nation". Some other issues that came into play were the hunting and fishing rights of the natives, especially when land beyond theirs affected their own practices, whether or not Constitutional rights necessarily applied to Indians, and whether tribal governments had the power to establish their own laws. As new legislation tried to force the American Indians into becoming just Americans, the Supreme Court provided these critical decisions. Native American nations were labeled "domestic dependent nations" by Marshall in Cherokee Nation v. Georgia, one of the first landmark cases involving Indians. Some decisions focused more on the dependency of the tribes, while others preserved tribal sovereignty, while still others sometimes managed to do both.

Decisions focusing on dependence

United States vs. Kagama

The United States Supreme Court case United States v. Kagama (1886) set the stage for the court to make even more powerful decisions based on plenary power. To summarize congressional plenary power, the court stated:

The power of the general government over these remnants of a race once powerful, now weak and diminished in numbers, is necessary to their protection, as well as to the safety of those among whom they dwell. It must exist in that government, because it never has existed anywhere else; because the theater of its exercise is within the geographical limits of the United [118 U.S. 375, 385] States; because it has never been denied; and because it alone can enforce its laws on all the tribes.

The decision in United States v. Kagama led to the new idea that "protection" of Native Americans could justify intrusion into intratribal affairs. The Supreme Court and Congress were given unlimited authority with which to force assimilation and acculturation of Native Americans into American society.

United States v. Nice

During the years leading up to passage of the Eighteenth Amendment and the Volstead Act, United States v. Nice (1916), was a result of the idea of barring American Indians from the sale of liquor. The United States Supreme Court case overruled a decision made eleven years before, Matter of Heff, 197 U.S. 48 (1905), which allowed American Indian U.S. citizens to drink liquor. The quick reversal shows how law concerning American Indians often shifted with the changing governmental and popular views of American Indian tribes. The US Congress continued to prohibit the sale of liquor to American Indians. While many tribal governments had long prohibited the sale of alcohol on their reservations, the ruling implied that American Indian nations could not be entirely independent, and needed a guardian for protection.

United States v. Sandoval

Like United States v. Nice, the United States Supreme Court case of United States v. Sandoval (1913) rose from efforts to bar American Indians from the sale of liquor. As American Indians were granted citizenship, there was an effort to retain the ability to protect them as a group which was distinct from regular citizens. The Sandoval Act reversed the U.S. v. Joseph decision of 1876, which claimed that the Pueblo were not considered federal Indians. The 1913 ruling claimed that the Pueblo were "not beyond the range of congressional power under the Constitution". This case resulted in Congress continuing to prohibit the sale of liquor to American Indians. The ruling continued to suggest that American Indians needed protection.

Decisions focusing on sovereignty

There were several United States Supreme Court cases during the assimilation era that focused on the sovereignty of American Indian nations. These cases were extremely important in setting precedents for later cases and for legislation dealing with the sovereignty of American Indian nations.

Ex parte Crow Dog (1883)

Ex parte Crow Dog was a US Supreme Court appeal by an Indian who had been found guilty of murder and sentenced to death. The defendant was an American Indian who had been found guilty of the murder of another American Indian. Crow Dog argued that the district court did not have the jurisdiction to try him for a crime committed between two American Indians that happened on an American Indian reservation. The court found that although the reservation was located within the territory covered by the district court's jurisdiction, Rev. Stat. § 2146 precluded the inmate's indictment in the district court. Section 2146 stated that Rev. Stat. § 2145, which made the criminal laws of the United States applicable to Indian country, did not apply to crimes committed by one Indian against another, or to crimes for which an Indian was already punished by the law of his tribe. The Court issued the writs of habeas corpus and certiorari to the Indian.

Talton v. Mayes (1896)

The United States Supreme Court case of Talton v. Mayes was a decision respecting the authority of tribal governments. This case decided that the individual rights protections, specifically the Fifth Amendment, which limit federal, and later, state governments, do not apply to tribal government. It reaffirmed earlier decisions, such as the 1831 Cherokee Nation v. Georgia case, that gave Indian tribes the status of "domestic dependent nations", the sovereignty of which is independent of the federal government. Talton v. Mayes is also a case dealing with Native American dependence, as it deliberated over and upheld the concept of congressional plenary authority. This part of the decision led to some important pieces of legislation concerning Native Americans, the most important of which is the Indian Civil Rights Act of 1968.

Good Shot v. United States (1900)

This United States Supreme Court case occurred when an American Indian shot and killed a non-Indian. The question arose of whether or not the United States Supreme Court had jurisdiction over this issue. In an effort to argue against the Supreme Court having jurisdiction over the proceedings, the defendant filed a petition seeking a writ of certiorari. This request for judicial review, upon writ of error, was denied. The court held that a conviction for murder, punishable with death, was no less a conviction for a capital crime by reason even taking into account the fact that the jury qualified the punishment. The American Indian defendant was sentenced to life in prison.

Montoya v. United States (1901)

This United States Supreme court case came about when the surviving partner of the firm of E. Montoya & Sons petitioned against the United States and the Mescalero Apache Indians for the value their livestock which was taken in March 1880. It was believed that the livestock was taken by "Victorio's Band" which was a group of these American Indians. It was argued that the group of American Indians who had taken the livestock were distinct from any other American Indian tribal group, and therefore the Mescalero Apache American Indian tribe should not be held responsible for what had occurred. After the hearing, the Supreme Court held that the judgment made previously in the Court of Claims would not be changed. This is to say that the Mescalero Apache American Indian tribe would not be held accountable for the actions of Victorio's Band. This outcome demonstrates not only the sovereignty of American Indian tribes from the United States, but also their sovereignty from one another. One group of American Indians cannot be held accountable for the actions of another group of American Indians, even though they are all part of the American Indian nation.

US v. Winans (1905)

In this case, the Supreme Court ruled in favor of the Yakama tribe, reaffirming their prerogative to fish and hunt on off-reservation land. Further, the case established two important principles regarding the interpretation of treaties. First, treaties would be interpreted in the way Indians would have understood them and "as justice and reason demand". Second, the Reserved Rights Doctrine was established which states that treaties are not rights granted to the Indians, but rather "a reservation by the Indians of rights already possessed and not granted away by them". These "reserved" rights, meaning never having been transferred to the United States or any other sovereign, include property rights, which include the rights to fish, hunt and gather, and political rights. Political rights reserved to the Indian nations include the power to regulate domestic relations, tax, administer justice, or exercise civil and criminal jurisdiction.

Winters v. United States (1908)

The United States Supreme Court case Winters v. United States was a case primarily dealing with water rights of American Indian reservations. This case clarified what water sources American Indian tribes had "implied" rights to put to use. This case dealt with the Fort Belknap Indian Reservation and their right to utilize the water source of the Milk River in Montana. The reservation had been created without clearly stating the explicit water rights that the Fort Belknap American Indian reservation had. This became a problem once non-Indian settlers began moving into the area and using the Milk River as a water source for their settlements. As water sources are extremely sparse and limited in Montana, this argument of who had the legal rights to use the water was presented. After the case was tried, the Supreme Court came to the decision that the Fort Belknap reservation had reserved water rights through the 1888 agreement which had created the American Indian Reservation in the first place. This case was very important in setting a precedent for cases after the assimilation era. It was used as a precedent for the cases Arizona v. California, Tulee v. Washington, Washington v. McCoy, Nevada v. United States, Cappaert v. United States, Colorado River Water Conservation Dist. v. United States, United States v. New Mexico, and Arizona v. San Carlos Apache Tribe of Arizona which all focused on the sovereignty of American Indian tribes.

Choate v. Trapp (1912)

As more Native Americans received allotments through the Dawes Act, there was a great deal of public and state pressure to tax allottees. However, in the United States Supreme court case Choate v. Trapp, 224 U.S. 665 (1912), the court ruled for Indian allottees to be exempt from state taxation.

Clairmont v. United States (1912)

This United States Supreme Court case resulted when a defendant appealed the decision on his case. The defendant filed a writ of error to obtain review of his conviction after being convicted of unlawfully introducing intoxicating liquor into an American Indian reservation. This act was found a violation of the Act of Congress of January 30, 1897, ch. 109, 29 Stat. 506. The defendant's appeal stated that the district court lacked jurisdiction because the offense for which he was convicted did not occur in American Indian country. The defendant had been arrested while traveling on a train that had just crossed over from American Indian country. The defendant's argument held and the Supreme Court reversed the defendant's conviction remanding the cause to the district court with directions to quash the indictment and discharge the defendant.

United States v. Quiver (1916)

This case was sent to the United States Supreme Court after first appearing in a district court in South Dakota. The case dealt with adultery committed on a Sioux Indian reservation. The district court had held that adultery committed by an Indian with another Indian on an Indian reservation was not punishable under the act of March 3, 1887, c. 397, 24 Stat. 635, now § 316 of the Penal Code. This decision was made because the offense occurred on a Sioux Indian reservation which is not said to be under jurisdiction of the district court. The United States Supreme Court affirmed the judgment of the district court saying that the adultery was not punishable as it had occurred between two American Indians on an American Indian reservation.

Native American education and boarding schools

Non-reservation boarding schools

In 1634, Fr. Andrew White of the Jesuits established a mission in what is now the state of Maryland, and the purpose of the mission, stated through an interpreter to the chief of an Indian tribe there, was "to extend civilization and instruction to his ignorant race, and show them the way to heaven". The mission's annual records report that by 1640, a community had been founded which they named St. Mary's, and the Indians were sending their children there to be educated. This included the daughter of the Pascatoe Indian chief Tayac, which suggests not only a school for Indians, but either a school for girls, or an early co-ed school. The same records report that in 1677, "a school for humanities was opened by our Society in the centre of [Maryland], directed by two of the Fathers; and the native youth, applying themselves assiduously to study, made good progress. Maryland and the recently established school sent two boys to St. Omer who yielded in abilities to few Europeans, when competing for the honour of being first in their class. So that not gold, nor silver, nor the other products of the earth alone, but men also are gathered from thence to bring those regions, which foreigners have unjustly called ferocious, to a higher state of virtue and cultivation."

In 1727, the Sisters of the Order of Saint Ursula founded Ursuline Academy in New Orleans, which is currently the oldest, continuously-operating school for girls and the oldest Catholic school in the United States. From the time of its foundation it offered the first classes for Native American girls, and would later offer classes for female African-American slaves and free women of color.

Male Carlisle School students (1879)

The Carlisle Indian Industrial School founded by Richard Henry Pratt in 1879 was the first Indian boarding school established. Pratt was encouraged by the progress of Native Americans whom he had supervised as prisoners in Florida, where they had received basic education. When released, several were sponsored by American church groups to attend institutions such as Hampton Institute. He believed education was the means to bring American Indians into society.

Pratt professed "assimilation through total immersion". Because he had seen men educated at schools like Hampton Institute become educated and assimilated, he believed the principles could be extended to Indian children. Immersing them in the larger culture would help them adapt. In addition to reading, writing, and arithmetic, the Carlisle curriculum was modeled on the many industrial schools: it constituted vocational training for boys and domestic science for girls, in expectation of their opportunities on the reservations, including chores around the school and producing goods for market. In the summer, students were assigned to local farms and townspeople for boarding and to continue their immersion. They also provided labor at low cost, at a time when many children earned pay for their families.

Carlisle and its curriculum became the model for schools sponsored by the Bureau of Indian Affairs. By 1902 there were twenty-five federally funded non-reservation schools across fifteen states and territories with a total enrollment of over 6,000. Although federal legislation made education compulsory for Native Americans, removing students from reservations required parental authorization. Officials coerced parents into releasing a quota of students from any given reservation.

Pupils at Carlisle Indian Industrial School, Pennsylvania (c. 1900)

Once the new students arrived at the boarding schools, their lives altered drastically. They were usually given new haircuts, uniforms of European-American style clothes, and even new English names, sometimes based on their own, other times assigned at random. They could no longer speak their own languages, even with each other. They were expected to attend Christian churches. Their lives were run by the strict orders of their teachers, and it often included grueling chores and stiff punishments.

Additionally, infectious disease was widespread in society, and often swept through the schools. This was due to lack of information about causes and prevention, inadequate sanitation, insufficient funding for meals, overcrowded conditions, and students whose resistance was low.

Native American group of Carlisle Indian Industrial School male and female students; brick dormitories and bandstand in background (1879)

An Indian boarding school was one of many schools that were established in the United States during the late 19th century to educate Native American youths according to American standards. In some areas, these schools were primarily run by missionaries. Especially given the young age of some of the children sent to the schools, they have been documented as traumatic experiences for many of the children who attended them. They were generally forbidden to speak their native languages, taught Christianity instead of their native religions, and in numerous other ways forced to abandon their Indian identity and adopt American culture. Many cases of mental and sexual abuse have been documented, as in North Dakota. Little recognition to the drastic change in life of the younger children was evident in the forced federal rulings for compulsory schooling and sometimes harsh interpretation in methods of gathering, even to intruding in the Indian homes. This proved extremely stressful to those who lived in the remote desert of Arizona on the Hopi Mesas well isolated from the American culture. Separation and boarding school living would last several years. It remains today, a topic in traditional Hopi Indian recitations of their history—the traumatic situation and resistance to government edicts for forced schooling. Conservatives in the village of Oraibi opposed sending their young children to the Government school located in Keams Canyon. It was far enough away to require full time boarding for at least each school year. At the closing of the nineteenth century, the Hopi were for the most part a walking society. Unfortunately, visits between family and the schooled children were impossible. As a result, children were hidden to prevent forced collection by the U.S. military. Wisely, the Indian Agent, Leo Crane  requested the military troop to remain in the background while he and his helpers searched and gathered the youngsters for their multi-day travel by military wagon and year-long separation from their family. By 1923 in the Northwest, most Indian schools had closed and Indian students were attending public schools. States took on increasing responsibility for their education. Other studies suggest attendance in some Indian boarding schools grew in areas of the United States throughout the first half of the 20th century, doubling from 1900 to the 1960s. Enrollment reached its highest point in the 1970s. In 1973, 60,000 American Indian children were estimated to have been enrolled in an Indian boarding school. In 1976, the Tobeluk vs Lind case was brought by teenage Native Alaskan plaintiffs against the State of Alaska alleging that the public school situation was still an unequal one.

The Meriam Report of 1928

The Meriam Report, officially titled "The Problem of Indian Administration", was prepared for the Department of Interior. Assessments found the schools to be underfunded and understaffed, too heavily institutionalized, and run too rigidly. What had started as an idealistic program about education had gotten subverted.

It recommended:

  • abolishing the "Uniform Course of Study", which taught only majority American cultural values;
  • having younger children attend community schools near home, though older children should be able to attend non-reservation schools; and
  • ensuring that the Indian Service provided Native Americans with the skills and education to adapt both in their own traditional communities (which tended to be more rural) and the larger American society.

Indian New Deal

John Collier, the Commissioner of Indian Affairs, 1933–1945, set the priorities of the New Deal policies toward Native Americans, with an emphasis on reversing as much of the assimilationist policy as he could. Collier was instrumental in ending the loss of reservations lands held by Indians, and in enabling many tribal nations to re-institute self-government and preserve their traditional culture. Some Indian tribes rejected the unwarranted outside interference with their own political systems the new approach had brought them.

Collier's 1920– 1922 visit to Taos Pueblo had a lasting impression on Collier. He now saw the Indian world as morally superior to American society, which he considered to be "physically, religiously, socially, and aesthetically shattered, dismembered, directionless". Collier came under attack for his romantic views about the moral superiority of traditional society as opposed to modernity. Philp says after his experience at the Taos Pueblo, Collier "made a lifelong commitment to preserve tribal community life because it offered a cultural alternative to modernity. ... His romantic stereotyping of Indians often did not fit the reality of contemporary tribal life."

Collier carried through the Indian New Deal with Congress' passage of the Indian Reorganization Act of 1934. It was one of the most influential and lasting pieces of legislation relating to federal Indian policy. Also known as the Wheeler–Howard Act, this legislation reversed fifty years of assimilation policies by emphasizing Indian self-determination and a return of communal Indian land, which was in direct contrast with the objectives of the Indian General Allotment Act of 1887.

Collier was also responsible for getting the Johnson–O'Malley Act passed in 1934, which allowed the Secretary of the Interior to sign contracts with state governments to subsidize public schooling, medical care, and other services for Indians who did not live on reservations. The act was effective only in Minnesota.

Collier's support of the Navajo Livestock Reduction program resulted in Navajo opposition to the Indian New Deal. The Indian Rights Association denounced Collier as a "dictator" and accused him of a "near reign of terror" on the Navajo reservation. According to historian Brian Dippie, "(Collier) became an object of 'burning hatred' among the very people whose problems so preoccupied him."

Change to community schools

Several events in the late 1960s and mid-1970s (Kennedy Report, National Study of American Indian Education, Indian Self-Determination and Education Assistance Act of 1975) led to renewed emphasis on community schools. Many large Indian boarding schools closed in the 1980s and early 1990s. In 2007, 9,500 American Indian children lived in an Indian boarding school dormitory. From 1879 when the Carlisle Indian School was founded to the present day, more than 100,000 American Indians are estimated to have attended an Indian boarding school.

A similar system in Canada was known as the Canadian residential school system.

Lasting effects of the Americanization policy

While the concerted effort to assimilate Native Americans into American culture was abandoned officially, integration of Native American tribes and individuals continues to the present day. Often Native Americans are perceived as having been assimilated. However, some Native Americans feel a particular sense of being from another society or do not belong in a primarily "white" European majority society, despite efforts to socially integrate them.

In the mid-20th century, as efforts were still under way for assimilation, some studies treated American Indians simply as another ethnic minority, rather than citizens of semi-sovereign entities which they are entitled to by treaty. The following quote from the May 1957 issue of Annals of the American Academy of Political and Social Science, shows this:

The place of Indians in American society may be seen as one aspect of the question of the integration of minority groups into the social system.

Since the 1960s, however, there have been major changes in society. Included is a broader appreciation for the pluralistic nature of United States society and its many ethnic groups, as well as for the special status of Native American nations. More recent legislation to protect Native American religious practices, for instance, points to major changes in government policy. Similarly the Native American Graves Protection and Repatriation Act of 1990 was another recognition of the special nature of Native American culture and federal responsibility to protect it.

As of 2013, "Montana is the only state in the U.S. with a constitutional mandate to teach American Indian history, culture, and heritage to preschool through higher education students via the Indian Education for All Act."[62] The "Indian Education for All" curriculum, created by the Montana Office of Public Instruction, is distributed online for primary and secondary schools.

Modern cultural and linguistic preservation

To evade a shift to English, some Native American tribes have initiated language immersion schools for children, where a native Indian language is the medium of instruction. For example, the Cherokee Nation instigated a 10-year language preservation plan that involved growing new fluent speakers of the Cherokee language from childhood on up through school immersion programs as well as a collaborative community effort to continue to use the language at home. This plan was part of an ambitious goal that in 50 years, 80% or more of the Cherokee people will be fluent in the language. The Cherokee Preservation Foundation has invested $3 million into opening schools, training teachers, and developing curricula for language education, as well as initiating community gatherings where the language can be actively used. Formed in 2006, the Kituwah Preservation & Education Program (KPEP) on the Qualla Boundary focuses on language immersion programs for children from birth to fifth grade, developing cultural resources for the general public and community language programs to foster the Cherokee language among adults.

There is also a Cherokee language immersion school in Tahlequah, Oklahoma that educates students from pre-school through eighth grade. Because Oklahoma's official language is English, Cherokee immersion students are hindered when taking state-mandated tests because they have little competence in English. The Department of Education of Oklahoma said that in 2012 state tests: 11% of the school's sixth-graders showed proficiency in math, and 25% showed proficiency in reading; 31% of the seventh-graders showed proficiency in math, and 87% showed proficiency in reading; 50% of the eighth-graders showed proficiency in math, and 78% showed proficiency in reading. The Oklahoma Department of Education listed the charter school as a Targeted Intervention school, meaning the school was identified as a low-performing school but has not so that it was a Priority School. Ultimately, the school made a C, or a 2.33 grade point average on the state's A–F report card system. The report card shows the school getting an F in mathematics achievement and mathematics growth, a C in social studies achievement, a D in reading achievement, and an A in reading growth and student attendance. "The C we made is tremendous," said school principal Holly Davis, "[t]here is no English instruction in our school's younger grades, and we gave them this test in English." She said she had anticipated the low grade because it was the school's first year as a state-funded charter school, and many students had difficulty with English. Eighth graders who graduate from the Tahlequah immersion school are fluent speakers of the language, and they usually go on to attend Sequoyah High School where classes are taught in both English and Cherokee.

Native American reservation politics

Native American politics remain divided over different issues such as assimilation, education, healthcare, and economic factors that affect reservations. As a multitude of nations living within the United States, the Native American peoples face conflicting opinions within their tribes, essentially those living on federally approved reservations. Interactions with the federal government and the overall American culture surrounding them influence day-to-day tribal life. Native American culture as a whole rests between the divide of the traditionalists and those who wish to trade the old ways for improved conditions.

Poverty and culture

1940 government photo of Chippewa baby teething on a magazine titled Indians at Work

"Approximately 14 percent of all American Indians in 1980 lived on large reservations with reservation poverty of 40 percent or higher." Despite the conditions, Natives continue to live on the reservations because they see it as a cultural center for their particular tribe, value the implied sense of community, and receive government-funded benefits that they wouldn't gain otherwise. As a cultural center, the reservations serve as a holding place for the old ways of Native American customs. "In the southeastern or Woodland tradition, those old ways are most often connected to myths, stories, music, and dance." There are some unwilling to share the "old ways" with outsiders because they feel it is sacred knowledge not easily given away to someone not of Native lineage.

Organizations such as Native American Community Development Institute have been created "as an alliance of the major Indian nonprofits and several Indian businesses in the metropolitan area committed to community-building through sector economic development and large-scale development". They are devoted to the increase in economic innovation, and accomplish their mission by focusing on the growing number of Native youths and not placing a priority on traditional ways.

Native Americans suffer not only the highest poverty rates of all ethnic groups in America, but also the highest unemployment and disease rates. Substance use is common among the youth as well as teenage pregnancy and suicide.

Indigenous Land and Waste Management Facilities

Structural violence plays a significant role in many hazardous waste facilities being located on tribal lands. With Native American peoples being among the lowest socioeconomic class, they are vulnerable to exploitation by these waste facilities and other private sectors. Tribal Lands are subject to different environmental policies than non-native lands, hazardous waste and nuclear waste facilities have taken to offering generous stipends to tribes and Native Americans to build waste or nuclear facilities on their land. Some of these stipends can go into the millions which can be extremely tempting to tribes considering their socioeconomic status and lack of economic improvement. Because of this, hazardous waste management and disposal disproportionately affects native american groups by nearly 1.8%. This has been referred to as something called a “Toxic Trade” and is comparable to bribery and/or blackmail. Many tribes are torn by these facilities - some encourage it because of the economic opportunities it would bring, others adamantly refuse it due to health and environmental degradation. Environmental Genocide has existed for hundreds of years, appearing as settlers burning a harvest or slaughtering livestock owned by Native Americans. However, “environmental genocide” looks different now. With no malicious or purposeful intent to exterminate all Native Americans, corporations are able to release these toxins into Native communities, groundwater, and soil under the guise of safely disposing harmful waste.[7] The proposition of hosting hazardous waste management facilities or nuclear plants on native lands can be tempting to some tribal governments. Not only do they see economic growth opportunities or financial subsidies or returns, they also see opportunities for dealing with their own waste management practices, or employing their land. In a quote from a Nuclear Age Peace Foundation member, Bayley Lopez, he says “In the quest to dispose of nuclear waste, the government and private companies have disregarded and broken treaties, blurred the definition of Native American sovereignty, and directly engaged in a form of economic racism akin to bribery." With the combination of these private waste corporations looking for cheap and easy land combined with some tribes being desperate for financial and economic growth eventually leads to a textbook exploitation ring. Native exploitation is not a new concept or phenomenon. Various treaties developed by collaboration of the US Government and Native Tribes were created to protect Native Americans, their land, their culture, and their health. However, these treaties were blatantly abolished after the discovery of valuable minerals and uranium on Native lands. In consequence, mining began to flourish. Once resources began depleting, mining slowed to a halt and mines effectively became abandoned. Despite mines being abandoned, many chemicals that were required for ore extraction stayed behind and continued to contaminate the soil and groundwater that Native Americans relied on. Some of these chemicals can contain toxins that increase risk of kidney and cardiovascular damage, as well as certain cancers and neurocognitive disorders. With this exploitation, comes activism. In 2007, the Skull Valley Band of Utah’s Goshute Tribe was considering granting a permit to the U.S. government to build a nuclear waste storage facility. This specific band and their land was already home to several hazardous waste management facilities. Two years after the proposed permit, the US Department of Energy decided to scale back on their facility plans after Native advocates, public pressure, and the National Congress of American Indians adamantly condemned and protested the construction of the facility. This activism looks a little different when compared to typical activism where the oppressed groups are fighting directly against the perpetrators of the injustice. However, in this specific issue, the protesting often comes from outside sources (i.e public pressure) versus the directly oppressed group - Native Americans.

Alcohol in reservation life

In a 2008 study by the Prevention Research Center, "Native American youth were more likely to have consumed alcohol in their lifetime and been intoxicated in the [time period of the test] than Whites. Native American drinkers were almost twice as likely to have gotten alcohol from an adult and twice as likely to have obtained alcohol from someone under 21." From 1994 to 1996, the alcoholism death rate among Natives was seven times that of the nation. "Lifetime prevalence of alcohol dependence was high among all tribes (men: 21–56%, women: 17–30%), but one (men: 1%, women: 2%)."

Healthcare: improvements vs. shortcomings

One aspect of reservation life that discourages tribal members is healthcare, a service provided by the United States government for approximately 800,000 Natives. According to the Agency for Healthcare Research and Quality, Native Americans receive lower quality healthcare than other minorities such as Hispanics.

With the addition of the HR3200 healthcare bill comes the promise of better services provided for the Native people. There will be an approximate 13% increase in funding for the Indian Health Service. Dr. Roubideaux, the head of the HIS, praises this addition saying, "There is not a Native American alive today who has not witnessed the many shortcomings of the Indian Health Service", but as Dr. Roubideaux has said, "most of the failures were due to an extreme shortage of funds."

Cultural barriers

According to Elaine Watson Jordan, Ph.D., the Native American education system is severely flawed with respect to cultural barriers. In Breaking Barriers, Jordan notes that "it is important to describe the complexities of culture and language to illuminate how limited standardized practices and measures might be to summarize the skills of many children from culturally and linguistically diverse backgrounds". She states that total "indoctrination to a new culture" is not the answer to a healthy education. Jordan argues that barriers must be identified to be overcome and uses the compulsory attendance law of 1898 as an example of overlooking cultural boundaries. "Guided by the belief that American Indians should be assimilated into mainstream society", Congress put into effect this law which would give the federal government the power to place American Indian children in boarding schools, "by force" if necessary.

Family values

In March 1974, the Department of Labor issued the results of their research concerning Native youth integrating American culture into their lives after leaving the reservation for educational and occupational pursuits. Research was done to determine the "occupational adjustment" of American Indian youth coming from reservations and seeking education away from home.

The study found that "the family is perhaps the most important aspect of the traditional Indian's life". Cultural values of Native American individuals are described as, "The traditional Indian's view of the world and his own place in it is one of living in harmony with nature".

In also studying the parents of the children observed, "they distrust the white man as one who wants to destroy their culture, and are likely to see the problems of the Indians as having been created by the white man". In response to this research, a counselor for a youth organization said, "We want to be assured that we are not misused at all, but that the project will be used in a good way for the benefit of our people".

Natives did not welcome the research because "there is very little history of community involvement" and trying to get Native youths who were taught early to be community-oriented is a difficult process in this aspect.

Educational interests

In June 2004, 90% of high school age natives attended public school, although the dropout rate was the highest of any minority. Beyond the fourth grade, academic performance drops quickly. A survey of schools indicates the reasoning behind the dropouts:

  • Student-teacher relationships (teachers do not care about me – 37%; teachers do not provide enough assistance – 39%; disagreements with teacher – 33%)
  • Content of schooling (school is not important to what I want to do in life – 44%; school is not important to me as a Native American – 24%)
  • Lack of parental support (problems at home – 44%; lack of parental encouragement – 39%)

Despite the dropout rate, some Native students have elected to go to college of their own accord, though the transition is difficult in regards to financing and receiving support from home. "Hispanics and Native Americans trail substantially behind blacks in terms of college enrollment, retention, and graduation despite the fact that they, like blacks, may benefit from Affirmative Action." A National Educational Longitudinal Survey revealed that in the late 1990s, the United States Education system served 1.4% of Natives. Also, Native Americans are the second most disadvantaged minority group in the nation when it comes to transitioning from single parent households to a continued education.

In her book Living Through the Generations: Continuity and Change in Navajo Women's Lives, Joanna McCloskey addresses a growing desire to receive a further education among her Native youth. "Younger generations recognize the necessity of further training and education to compete in the labor force, and high school graduation remains symbolic of the vast gulf between the elders who never attended school."

Achievement gap regarding language

To evade a shift to English, some Native American tribes have initiated language immersion schools for children, where a native Indian language is the medium of instruction. For example, the Cherokee Nation instigated a 10-year language preservation plan that involved growing new fluent speakers of the Cherokee language from childhood on up through school immersion programs as well as a collaborative community effort to continue to use the language at home. This plan was part of an ambitious goal that in 50 years, 80% or more of the Cherokee people will be fluent in the language. The Cherokee Preservation Foundation has invested $3 million into opening schools, training teachers, and developing curricula for language education, as well as initiating community gatherings where the language can be actively used. Formed in 2006, the Kituwah Preservation & Education Program (KPEP) on the Qualla Boundary focuses on language immersion programs for children from birth to fifth grade, developing cultural resources for the general public and community language programs to foster the Cherokee language among adults.

There is also a Cherokee language immersion school in Tahlequah, Oklahoma that educates students from pre-school through eighth grade. Because Oklahoma's official language is English, Cherokee immersion students are hindered when taking state-mandated tests because they have little competence in English. The Department of Education of Oklahoma said that in 2012 state tests: 11% of the school's sixth-graders showed proficiency in math, and 25% showed proficiency in reading; 31% of the seventh-graders showed proficiency in math, and 87% showed proficiency in reading; 50% of the eighth-graders showed proficiency in math, and 78% showed proficiency in reading. The Oklahoma Department of Education listed the charter school as a Targeted Intervention school, meaning the school was identified as a low-performing school but has not so that it was a Priority School. Ultimately, the school made a C, or a 2.33 grade point average on the state's A-F report card system. The report card shows the school getting an F in mathematics achievement and mathematics growth, a C in social studies achievement, a D in reading achievement, and an A in reading growth and student attendance. "The C we made is tremendous," said school principal Holly Davis, "[t]here is no English instruction in our school's younger grades, and we gave them this test in English." She said she had anticipated the low grade because it was the school's first year as a state-funded charter school, and many students had difficulty with English. Eighth graders who graduate from the Tahlequah immersion school are fluent speakers of the language, and they usually go on to attend Sequoyah High School where classes are taught in both English and Cherokee.

Changing gender roles

"The Great Law of Peace included a section akin to the U.S. Bill of Rights, protecting the freedom of worship, speech, and assembly. The Cherokees limited town size so that all citizens could have the opportunity to speak in each council session if they so desired. Both republics were gender-blind, allowing women and men the same opportunities to participate and, if elected, to lead."

As late as 1989, some Native women retained the belief that raising families was their duty. One woman, Cindy Negale describes, "I prefer the traditional life because I was brought up very traditional by my grandparents...I am telling [my children] that Navajo is important." Also, she reveals that having large families is discouraged by the Indian Health Service because there is not enough healthcare money available for them. This opposes the Native standard that "prenatal values, integral to matrilineal clan membership, were expressed in pride in children".

As well, other Native women have chosen to decrease the size of their families. The grandmothers would choose a path of natural fertility and give birth until they no longer could. In the present day, most mothers decided to limit their families to three to four children. "No longer sources of labor, the children become investments during long years of growth and education."

Political opportunities have not completely limited the impacts of Native American women. Mae Chee Castillo (Navajo) has made tremendous strides for socioeconomic equality during the 1980s. Mae Chee Castillo is considered a Navajo heroine amongst many honorable tribal sentiments. These sentiments also include grandmother, community steward, and cultural preservationist (storyteller). Mae Chee Castillo is revered as a political activist for publicly "lecturing" and requesting presidential actions to sustain economic policies within Native American societies. Her demonstrations have set a political precedence for Native American women.

Self-government

AIM flag

"The Iroquois and the Cherokees did not value the process of a democratic republic because it consumed their identity; they valued it because it protected their individuality. The political debate from the Cherokee town council to the Iroquois Grand Council limited by law what the group could do to the person." The Natives place a high importance on individuality in government and thus, the issues dividing them will be resolved using a democratic-like resolution.

Through the self-determination policy proposed by President Lyndon B. Johnson in 1968, tribal governments have the right to control federal programs directed at the Native Americans. Instead of supervising the tribes, the Bureau of Indian Affairs "began to serve". Congress then passed legislation recognizing the tribal judicial system and the decisions made through it.

Groups such as the American Indian Movement (AIM) support this movement because it allows them to act independent of the United States government while still securing their voting rights.

Uranium mining and the Navajo people

Uranium contamination in Animas river following the Gold King Mine Spill

In the 1950s, the Navajo Nation was situated directly in the uranium mining belt that experienced a boom in production, and many residents found work in the mines. Prior to 1962, the risks of lung cancer due to uranium mining were unknown to the workers, and the lack of a word for radiation in the Navajo language left the miners unaware of the associated health hazards. The cultural significance of water for the Navajo people and the environmental damage to both the land and livestock inhibits the ability of the Navajo people to practice their culture.

The Navajo Nation was affected by the United States' largest radioactive accident during the Church Rock uranium mill spill in 1979 when a tailings pond upstream from Navajo County breached its dam and sent radioactive waste down the Puerco River, injuring people and killing livestock.

In the Navajo Nation, approximately 30% of people do not have access to running water. Navajo Nation residents are 67 times more likely to live without running water than the general population, and are often forced to resort to unregulated water sources that are susceptible to bacteria, fecal matter, and uranium. Extensive uranium mining in the region during the mid-20th century is a contemporary concern because of contamination of these commonly used sources, in addition to the lingering health effects of exposure from mining.

Water in the Navajo Nation currently has an average of 90 micrograms per liter of uranium, with some areas reaching upwards of 700 micrograms per liter. In contrast, the Environmental Protection Agency (EPA) considers 30 micrograms per liter the safe amount of uranium to have in water sources. Health impacts of uranium consumption include kidney damage and failure, as kidneys are unable to filter uranium out of the bloodstream. There is an average rate of End Stage Renal Disease of 0.63% in the Navajo Nation, a rate significantly higher than the national average of 0.19%.

The U.S. Environmental Protection Agency (EPA) has been cleaning up uranium mines in the Navajo Nation since as part of settlements through the Superfund since 1994. The Abandoned Mine Land program and Contaminated Structures Program have facilitated the cleanup of mines and demolition of structures built with radioactive materials. Criticisms of unfair, inefficient treatment have been made repeatedly of EPA by Navajos and journalists.

In October 2021, the Inter-American Commission on Human Rights agreed to hear a case filed by the Eastern Navajo Diné Against Uranium Mining, which accused the United States government of violating the human rights of Navajo Nation members.

Shiprock, New Mexico uranium mill aerial photo

History

In 1944, uranium mining under the U.S military's Manhattan Project began on Navajo Nation lands and on Lakota Nation lands. On August 1, 1946, the responsibility for atomic science and technology was transferred from the military to the United States Atomic Energy Commission. Afterward, widespread uranium mining began on Navajo and Lakota lands in a nuclear arms race with the Soviet Union during the Cold War.

Large uranium deposits were mined on and near the Navajo Reservation in the Southwest, and these were developed through the 20th century. Absent much environmental regulation prior to the founding of the Environmental Protection Agency in 1970 and passage of related laws, the mining endangered thousands of Navajo workers, as well as producing contamination that has persisted in adversely affecting air and water quality, and contaminating Navajo lands.

Private companies hired thousands of Navajo men to work the uranium mines. Disregarding the known health risks of exposure to uranium, the private companies and the United States Atomic Energy Commission failed to inform the Navajo workers about the dangers and to regulate the mining to minimize contamination. As more data was collected, they were slow to take appropriate action for the workers.

In 1951, the U.S. Public Health Service began a human testing experiment on Navajo miners, without their informed consent, during the federal government's study of the long term health effects from radiation poisoning. In 1932, the USPHS began an earlier human testing experiment on African men in their Tuskegee syphilis experiment. The experiment on Navajo mine workers and their families documented high rates of cancers (including Xeroderma pigmentosum) and other diseases which manifested from uranium mining and milling contamination. For decades, industry and the government failed to regulate or improve conditions, or inform workers of the dangers. As high rates of illness began to occur, workers were often unsuccessful in court cases seeking compensation, and the states at first did not officially recognize radon illness. In 1990, the US Congress passed the Radiation Exposure Compensation Act, to address cases of uranium poisoning and provide needed compensation, but Navajo Nation applicants provide evidence RECA requirements prevent access to necessary compensation. Congressional modifications to RECA application requirements were made in 2000, and were introduced in 2017 and in 2018.

Since 1988, the Navajo Nation's Abandoned Mine Lands program reclaims mines and cleans mining sites, but significant problems from the legacy of uranium mining and milling persist today on the Navajo Nation and in the states of Utah, Colorado, New Mexico, and Arizona. More than a thousand abandoned mines have not been contained and cleaned up, and these present environmental and health risks in Navajo communities. The Environmental Protection Agency estimates that there are 4000 mines with documented uranium production, and another 15,000 locations with uranium occurrences in 14 western states. Most are located in the Four Corners area and Wyoming.

The Uranium Mill Tailings Radiation Control Act (1978) is a United States environmental law that amended the Atomic Energy Act of 1954 and authorized the Environmental Protection Agency to establish health and environmental standards for the stabilization, restoration, and disposal of uranium mill waste. Cleanup has continued to be difficult, and EPA administers several Superfund sites located on the Navajo Nation.

On April 29, 2005, Navajo Nation President Joe Shirley Jr. signed the Diné Natural Resources Protection Act of 2005 that outlaws uranium mining and processing on Navajo Nation lands.

Pressure for uranium mining increased in the postwar years, when the United States developed resources to compete with the Soviet Union in the Cold War. In 1948, the United States Atomic Energy Commission (AEC) announced it would be the sole purchaser of any uranium mined in the United States, to cut off dependence on imported uranium. The AEC would not mine the uranium; it contracted with private mining companies for the product. The subsequent mining boom led to the creation of thousands of mines; 92% of all western mines were located on the Colorado Plateau because of regional resources.

The Navajo Nation encompasses portions of Arizona, New Mexico, and Utah, and their reservation was a key area for uranium mining. More than 1000 mines were established by leases in the reservation. From 1944 to 1986, an estimated 3,000 to 5,000 Navajo people worked in the uranium mines on their land. Other work was scarce on and near the reservation, and many Navajo men traveled miles to work in the mines, sometimes taking their families with them. Between 1944 and 1989, 3.9 million tons of uranium ore were mined from the mountains and plains.

In 1951, the US Public Health Service began a massive human medical experiment on approximately 4000 Navajo uranium miners, without their informed consent. Neither the miners nor their families were warned of the risks from nuclear radiation and contamination as USPHS continued their experiment. In 1955, USPHS took active control of Native American medical health services from the Bureau of Indian Affairs, and the experiments on nuclear radiation continued. In 1962 it published the first report to show a statistical correlation between cancer and uranium mining. The federal government finally regulated the standard amount of radon in mines, setting the level at .3 working level (WL) on January 1, 1969, but Navajo people attending mining schools before working in the mines were still not informed of the health risks from uranium poisoning in 1971. Reports continued to be published from USPHS's non-consensual medical experiments at least until 1998. The Environmental Protection Agency was established on December 2, 1970. But, environmental regulation could not repair the damage already suffered. Navajo miners contracted a variety of cancers including lung cancer at much higher rates than the rest of the U.S. population, and they have suffered higher rates of other lung diseases caused by breathing in radon.

Private companies resisted regulation through lobbying Congress and state legislatures. In 1990, the United States Congress finally passed the Radiation Exposure Compensation Act (RECA), granting reparations for those affected by the radiation. The act was amended in 2000 to address criticisms and problems with the original legislation.

The tribal council and Navajo delegates remained in control of mining decisions before the adverse health effects of mining were identified. No one fully understood the effect of radon exposure for miners, as there was insufficient data before the expansion of mining.

Church Rock uranium mill spill

United Nuclear Corporation Church Rock Uranium Mill

On July 16, 1979, the tailings pond at United Nuclear Corporation's uranium mill in Church Rock, New Mexico, breached its dam. More than 1,000 tons of radioactive mill waste and 93 million gallons of acidic, radioactive tailings solution and mine effluent flowed into the Puerco River, and contaminants traveled 80 miles (130 km) downstream to Navajo County, Arizona. The flood backed up sewers, affected nearby aquifers and left stagnating, contaminated pools on the riverside.

More radioactivity was released in the spill than in the Three Mile Island accident that occurred four months earlier. It has been reported as the largest radioactive accident in U.S. history.

The state contingency plan relied on English-only notification of the largely Navajo public populace affected by the spill. Local residents did not learn immediately of the toxic danger. The locals were accustomed to using the riverside for recreation and herb gathering. Residents who waded in the acidic water went to the hospital complaining of burning feet and were misdiagnosed with heat stroke. Sheep and cattle died en masse. The Navajo Nation asked the governor of New Mexico to request disaster assistance from the US government and have the site declared a disaster area, but the governor refused. This limited the amount of disaster relief the Navajo Nation received.

For nearly two years, the state and federal government trucked in water to the reservation, but ended the program in 1981. Farmers had little choice but to resume use of the river for watering livestock and crops.

Health studies on exposure to uranium

Concerned over the adverse health consequences which Europeans experienced from uranium mines, William Bale and John Harley conducted an independent study. Their work led the US government to start the United States Public Health Study (USPHS) on uranium mine workers. Bale and Harley's studies focused on identifying the level of radon in mines and assessing any correlation with disease, specifically lung cancer. Radon, they found, can attach to mine dust, which would be inhaled and subsequently concentrated in the lung tissue. Because of this action, workers breathed radon gas at concentrations up to 100 times higher than the amount of radon gas indicated. The USPHS was subsequently launched in 1951, with two goals: to identify uranium mine environment exposures, and to conduct a medical evaluation of the miners.

Ethical concerns

The USPHS study raised ethical concerns. The Navajo workers were rarely notified of the possible dangers which the USPHS was studying. As late as 1960, the USPHS medical consent form failed to inform miners about the possible health risks of working in the mine. The Advisory Committee on Human Radiation Experiments, created in 1994 to explore the treatment of the workers, said: "'Had they been better informed, they could have sought help in publicizing the fact that working conditions in the mines were extremely hazardous, which might have resulted in some mines being ventilated earlier than they were." The USPHS failed to abide by a centerpiece of Nuremberg Code (1947), by failing to have informed consent of the subjects of a research study.

In 1952, the USPHS issued two reports, reporting exceptionally high concentrations of radon in these uranium mines, even higher than those found in European mines years before. Medically, there was little evidence found of sickness. But, the latency from exposure to disease, also found among the European cases, explains why there were few medical effects observed at this early stage. In a private meeting between the AEC and the USPHS, the AEC informed the USPHS scientists that not only could the high radon levels eventually cause cancer, but proper ventilation of the mines could avoid the problem. The government failed to take any action on this finding.

Continued effects and research

The USPHS continued to study the uranium miners, eventually including 4,000 American Indian and non-Indian underground uranium miners. They added miners in 1951, 1953, 1954, 1957 and 1960. In 1962, the USPHS published the first account of the effects of radon exposure. It found a significant correlation between radon exposure and cancer. Additional studies were published in 1968, 1973, 1976, 1981, 1987, 1995 and 1997; these demonstrated linear relationships between radon exposure and lung cancer, a latency period of about 20 years between radon exposure and health effects, and noted that, while smoking tobacco caused a shorter latency period for the development of cancer, it did not fully explain the relationship between radon and cancer. Similar reports found instances of other diseases such as pneumoconiosis, tuberculosis, chronic obstructive pulmonary disease (COPD), as well as diseases of the blood. A 2000 study of the number of cancer cases among Navajo uranium mine workers concluded that the miners were 28.6 times more likely to contract the disease than the study's control group.

Many miners died from radiation-related illnesses. A 1995 report published by American Public Health Association found:

excess mortality rates for lung cancer, pneumoconioses and other respiratory diseases, and tuberculosis for Navajo uranium miners. Increasing duration of exposure to underground uranium mining was associated with increased mortality risk for all three diseases… The most important long-term mortality risks for the Navajo uranium miners continue to be lung cancer and pneumoconioses and other nonmalignant respiratory diseases.

Over the decades, Navajo miners extracted some four million tons of uranium ore, which was used by the U.S. government primarily to make nuclear weapons. Some miners, unaware of the adverse health effects, carried contaminated rocks and tailings from local mines to build their family homes. These were found to be contaminated, with the family at risk. In 2009, those homes began to be demolished and rebuilt under a new government program, which involved temporarily relocating occupants until the homes could be rebuilt.

Dr. Leon Gottlieb, a pulmonary specialist was the first physician that noted an increase in lung disorders among the Navajo uranium miners. He would later report in a 1982 study that showed of the 17 Navajos that were being observed for lung disorders in this case lung cancer, 16 of the Navajos were uranium miners. Along with studies regarding the correlation between uranium miners and lung cancer there have been other studies that suggest that miscarriages, birth defects, reproductive, bone and gastric cancer along with heart disease deaths have also been identified as related health effects of uranium mining (Churchill 1986, Gofman 1981, McLeod 1985). Even just living near a uranium mill mining area has been linked to birth defects among babies with mothers who live close to the mill, lung cancer, leukemia, cell damage, renal cancer, and stomach cancer . A study was conducted to compare residents who are close to the mining areas and those who are distant. The results show that the residents living near the mining areas suffered from:

  • 1500% increase in testicular and ovarian cancer in children;
  • 500% increase in bone cancer in children;
  • 250% increase in leukemia;
  • 200% increase in miscarriage, infant death, congenital defects, and learning disorders.

Dr. Joseph Wagoner, a health expert collected data regarding the health effects of uranium since 1960 for the US Public Health Service, would report that from 1960 to 1974 there were 144 cancer deaths among 3,500 miners, 700 to 800 of whom were Navajo. Statistically, approximately 30 deaths would have been expected instead of the 144 which were discovered (Bergman 1982). Apart from respiratory diseases and other significant health problems the American Indian communities experienced psycho-social problems, such as depression and anxiety. Residents near the uranium mills reported increased levels of anxiety due to their proximity to the uranium mills and the health hazards of their living conditions along with the lack of awareness among the workers as they would bring contaminated rocks back to their homes.

A study was conducted by the National University of General Martín, Avda Gral Paz to review the cellular consequences of the inhalation of uranium compounds. The accumulation of both insoluble and soluble uranium in macrophages (since macrophages are among the main cells to respond to internalized metallic particles) demonstrated that the exposure to both uranium compounds by inhalation resulted in the breakage of DNA strands along with an increase of inflammatory cytokines and hydro-peroxides production. This reviewed the molecular impacts of uranium contamination that could result in respiratory diseases (neoplasia and fibrosis).

United States government response

Following the publication of the reports in the early 1950s, some private contractors attempted to properly ventilate their mines. The states of Colorado, New Mexico and Utah established minimum standards for radon concentrations (Dawson and Madsen 2007). But, the AEC was lax in enforcement of the rules; AEC commissioners did not establish national radon standards at the time the studies were released. The AEC said it had no authority to regulate uranium, but it regulated beryllium. The health and activist communities have criticized the AEC for its failure to take action related to the scientific reports. The agency repressed the reports.

Government and uranium industry personnel were privy to the information, but it was not until the 1960s that workers were informed of the environmental dangers. The government response continued to be slow. Regulation of the uranium industry was first debated in Congress in 1966, but little progress was made. Journalists began to publish stories detailing the illnesses of uranium miners, giving them public attention. In 1969, Congress set the standard radon level for mines at .3 WL.

Navajo miners began to file lawsuits to seek compensation for health damages, but often lost in court. But the publicity, presentation of harmful evidence, and victim testimony gave support to their cause. Ted Kennedy (D-MA) was the first senator to propose a Radiation Compensation bill, with the goal of avoiding lawsuits and compensating victims fully, though it was defeated in 1979. Orrin Hatch's (R-UT) 1981 compensation bill was met with a similar fate, and his attempt in 1983 did not reach the Senate floor.

Progress toward legislation

In 1989, Orrin Hatch, supported by fellow Utah Representative Wayne Owens (D-UT), sponsored the Radiation Exposure Compensation Act (RECA), which was signed into law by President George H. W. Bush on October 15, 1990. The Radiation Exposure Compensation Act (RECA): "Offers an apology and monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during above-ground atmospheric nuclear weapons tests or, following their occupational exposure to radiation while employed in the uranium industry during the build-up to the Cold War." The United States Department of Justice established regulations for implementing the act, related to individuals eligible for payment, and guidelines for identification, including marriage licenses, birth certificates and official documents, some of which the Navajo did not possess. In some cases, the government did not recognize individuals' documentation as legitimate.

With additional data from the studies by the Public Health Service (PHS), in 2000 the act was amended to correct shortcomings: "The RECA Amendments of 2000 broadened the scope of eligibility for benefits to include two new occupationally exposed claimant categories (uranium mill workers and uranium ore transporters), expanding both the time periods and geographic areas covered, and adding compensable diseases, thus allowing more individuals to be eligible to qualify." As of November 17, 2009, the government has paid claims of 21,810 people, denied 8,789, and paid $1,455,257,096 in reparations.

Abandoned Mine Land Program

The Navajo Nation Abandoned Mine Land(s) (NN AML) are numerous United States Environmental Protection Agency-designated "AML sites" on lands of the Navajo people which were used for mining (e.g., uranium). Sites include:

  • Abandoned Uranium Mines on the Navajo Nation, Arizona (Site NNN000906087); a region with many of the "521 abandoned uranium mine areas".
  • Skyline Abandoned Uranium Mine, Utah; in Monument Valley at Oljato Mesa (the waste piles area has a distinct site number)
  • Skyline AUM Waste Piles (NN000908358)
  • Northeast Church Rock Mine, New Mexico (NECR, NNN000906132); "mostly on Navajo tribal trust land", "the highest priority abandoned mine cleanup in [sic] the Navajo Nation", and a site which adjoins the United Nuclear Corporation (UNC) uranium mill Superfund site "on private fee land".

"During the late 1990s, portions...were closed by the Navajo Nation Abandoned Mine Land program".

EPA (Environmental Protection Agency) maintains a partnership with the Navajo Nation. Since 1994, the Superfund Program has provided technical assistance and funding to assess potentially contaminated sites and to develop a response. The EPA has entered into enforcement agreements and settlements valued at over $1.7 billion to reduce the highest risks of radiation exposure to the Navajo people from AUMs (Abandoned Uranium Mines). As a result, funds are available to begin the assessment and cleanup process at 219 of the 523 abandoned uranium mines as of May 2019.

The Abandoned Uranium Mine Settlement fact sheet provides information on the abandoned-uranium-mines enforcement agreements and settlements to address abandoned uranium mines on the Navajo Nation. To learn more about EPA's Superfund legal agreements please visit Negotiating Superfund Settlements. Uranium mining took place on the Navajo Nation from 1944 to 1986, and some local residents used materials from uranium mines when building their homes Mining materials that were used can potentially lead to exposure exceeding background (naturally occurring) levels. These materials include ore and waste rock used for foundations, walls, or fireplaces; mine tailings mixed into cement used for foundations, floors, and cinder block walls; and other contaminated building materials (wood, metal, etc.) that may have been salvaged from the abandoned mine areas.

The EPA and the Navajo Nation Environmental Protection Agency's (NNEPA) Contaminated Structures Program evaluates structures on Navajo Nation that may have been constructed using abandoned mine materials or built on or near abandoned mines. The Contaminated Structures Program is responsible for conducting evaluations of potentially contaminated structures, yards and material, as well as removal and cleanup of contaminated structures and materials if there is an exposure risk. The program is for Navajo residents living close to mines or who know their home was built with contaminated materials. Participation in the program is voluntary and at no cost to the resident. USEPA and NNEPA have completed over 1,100 assessments on Navajo Nation since the program began in 2007.

Areas affected by Abandoned Uranium Mines

History

This specific Superfund site for the AUMs on Navajo land has been in existence since 1994. This is following many years of research on the health effects of uranium mining which eventually led to the Radiation Exposure Compensation Act in 1990. Since its acceptance as a Superfund site, many federal, tribal, and grassroots organizations have come together to assess and remediate contamination sites on the Navajo Nation. Due to the fact that there are hundreds of contaminated sites, there have been a few big successes and many communities stuck in limbo. The following is a history of this Superfund site, the organizations that have collaborated on this environmental remediation, and recent criticisms of the handling of this large and complicated problem.

The Abandoned Uranium Mines on the Navajo Nation were established as a Superfund site in 1994 in response to a Congressional hearing brought by the Navajo Nation on November 4, 1993. This hearing included the Environmental Protection Agency (EPA), the Department of Energy (DOE), and the Bureau of Indian Affairs (BIA). Superfund status stems from the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) which allows the United States federal government to assign funds for environmental remediation of uncontrolled hazardous waste sites. The Navajo Nation is located in Region 9 (Pacific Southwest) of the Superfund which serves Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations. The site's official EPA # is NNN000906087 and it is located in Congressional District 4. According to the EPA's Superfund site overview, other names for the AUMs may include "Navajo Abandoned Uranium Mines" or "Northeast Church Rock Mine." Church Rock Mine is one of the EPA's most successful clean-up sites among over 500 sites spanning the 27,000 square mile Navajo Nation.

Nearly four years after the initial Congressional hearing, the EPA announced their first helicopter survey for the AUMs in September 1997. Located in the Oljato area in Southeastern Utah near the Utah-Arizona border, this was first of several helicopter surveys that aimed to measure "naturally occurring radiation (gamma radiation) coming from abandoned uranium mining areas." The stated purpose of these surveys was to "determine if these sites pose a risk to the people in the area and if so, what measures should be taken to minimize that risk."

Over ten years later, on June 9, 2008, the EPA announced its five-year plan for the clean-up of uranium contamination on the Navajo Nation. This five-year plan contained nine specific objectives for 2008–2012: assess up to 500 contaminated structures and remediate those that pose a health risk; assess up to 70 potentially contaminated water sources and assist those affected by it; assess and require cleanup of AUMs via a tiered ranking system of high priority mines; clean Church Rock Mine, the highest-priority mine; remediate groundwater of abandoned uranium milling sites; assess the Highway 160 site; assess and clean Tuba City Dump; assess and treat health conditions for populations near AUMs; and lastly to summarize the action of the Nuclear Regulatory Commission (NRC) in its assistance to the Navajo Nation's cleanup efforts. Since the introduction of the five-year plan, the EPA has released a progress report (available online) each consecutive year. As of August 2011, the EPA lists its accomplishments as: screening 683 structures, sampling 250 unregulated water sources and shutting down 3 such contaminated sources, provision of public outreach and educational programs for safe water practices, instituting a 2.6 million dollar water hauling feasibility project, and providing up to 386 homes with clean drinking water through a 20 million dollar project with Indian Health Services. For 2012, the EPA has listed its next steps as replacing 6 contaminated structures, demolishing other contaminated structures, and continuing screening of these structures for referral to the EPA's Response Program. The 2011 progress report also lists Church Rock, the Oljato Mesa, and the Mariano Lake Mine as sites of current or proposed remediation.

According to the EPA's website, the AUM Superfund site is not on the National Priorities List (NPL) and has no proposals to be put on this list. The NPL is the list of hazardous Superfund sites that are deemed eligible for long-term environmental remediation. The EPA suggests that although NPL listing is a possibility it is "not likely" for the abandoned uranium mines on the Navajo nation. NPL status guides the EPA in its decisions on sites to further investigate, a process that has been criticized for the handling of these mines. With over 500 uranium sites and only a few sites slated for full-scale remediation plans, the prioritization process has recently been called into question by The New York Times (see Recent Press).

Partnership agencies

Superfund works with many agencies from both the federal government and the Navajo Nation in order to properly assess and direct funding to mining sites. These agencies include: the Navajo Nation Environmental Protection Agency (NNEPA), the Indian Health Services (IHS), the Diné Network for Environmental Health (DiNEH), the Navajo Nation Department of Water Resources (NNDWR), the Department of Energy (DOE), and US Nuclear Regulatory Commission (NRC). The NNEPA was established in 1972 and officially recognized through legislation as a separate regulatory branch of the Navajo Nation in 1995. With the official acceptance of the NNEPA also came the adoption of the Navajo Nation Environmental Policy Act. According to the NNEPA website, their mission is: "With respect to Diné values, to protect human health, land, air and water by developing, implementing and enforcing environmental laws and regulations with a commitment to public participation, sustainability, partnership, and restoration." (Diné is the word for Navajo in the traditional Navajo language) NNEPA consults with the US EPA on site assessments (the US EPA is the lead agency for the Site Assessment Project). NNEPA helps the EPA in assessing and deciding which contaminated structures should be demolished and which water sources should be deemed a human health risk. The two also collaborate to perform community outreach for the Navajo people whose lives are affected by the uranium mining. The Center for Disease Control and the DiNEH Project are also integral players in the assessment of water quality and community outreach. The Navajo Nation Department of Water Resources, with funding from the EPA, assist Navajo residents by hauling water for residents near 4 contaminated water sources, a 2.6 million dollar project. Indian Health Services helped fund the 20 million dollar drinking water project started in 2011. This project serves 386 homes near 10 contaminated water sources. The NNEPA, IHS, NNDWR, and DiNEH project have been the main partners with the US EPA in water hauling projects.

Criticism and press

Despite the EPA's claims of a "strong partnership with the Navajo Nation," recent articles have been published that call into question the equitability and efficiency of the EPA's action on the abandoned uranium mines. On March 31, 2012, The New York Times published an article entitled "Uranium Mines Dot Navajo Land, Neglected and Still Perilous" by Leslie MacMillan. The article suggests that politics and money are influencing the prioritization of mine clean-up efforts. David Shafer, an environmental manager at the United States Department of Energy, has said that questions of whether current uranium problems are due to past mining or to the naturally occurring mineral are delaying the process of cleaning up. Similar concerns are common in environmental remediation projects for victims of industrial pollution.

While the EPA does prioritize mines that are nearest to people's homes, MacMillan highlights some remote locations where people do live and yet have been neglected by the EPA. Cameron, Arizona is one such site which has a population of nearly 1000. Rancher Larry Gordy stumbled across an abandoned uranium mine on his grazing land for his cattle near Cameron in the summer of 2010. There are still no warning signs in the town of Cameron to alert people of potential contamination. On December 30, 2010 Scientific American published an article entitled "Abandoned Uranium Mines: An 'Overwhelming Problem' in the Navajo Nation" by Francie Diep. Diep told Gordy's story and reported that the EPA assessed his site on November 9, 2010. Diep suggested that this date was moved up due to publicity of Gordy's story; originally the EPA had promised to visit within six months of his original discovery of the uranium mine.

Similar allegations of prioritization due to negative publicity for the EPA were made of the Skyline Mine in the Oljato Mesa. Elsie Begay, a 71-year-old Navajo woman from the Oljato region was the topic of a series of articles in The Los Angeles Times in 2006. These articles were written by Yellow Dirt: An American Story of a Poisoned Land and a People Betrayed (2010) author Judy Pasternak, whose work on these articles led to her book. One EPA representative, Jason Musante, stated this publicity "might have bumped the site up the priority list."

Over a year after Gordy stumbled across the mine in his cattle's grazing land, MacMillan reports that the site at Cameron has yet to be given a priority by the EPA. When EPA officials were asked to accompany a reporter to the Cameron site, the officials declined and instead offered to visit the newly cleaned site in Oljato. MacMillan spoke with a Navajo hotel manager near the Skyline Mine who expressed hesitation about the EPAs remediation, stating, "That's what they want you to see: something that's all nice and cleaned up." MacMillan drew attention to the fact that cows are grazing on contaminated land and people are eating these cattle. Taylor McKinnon, a director at the Center for Biological Diversity, went so far as to say the site was the "worst he had seen in the Southwest." Although the locally grown beef is tested, standard tests for meat do not include checking for radioactive substances like uranium. The EPA has put an emphasis on health effects throughout its five-year plan, so the lack of any sort of attention in this matter has raised eyebrows.

In addition to the questioning of political bias in the prioritization of mining sites, there is criticism of the EPA's decision to revisit a 1989 permit proposing to mine for uranium near Church Rock. New Mexico's KUNM radio station reported on May 9, 2012 that Uranium Resources Incorporated has expressed interest in starting production near Church Rock by the end of 2013. An online petition has already gained nearly 10,000 signatures against this new mining initiative.

Navajo treatment, impact and response

Beginning in the 1960s, uranium miners were beginning to become ill with cancer at increasing rates. The state of Utah did not recognize radiation exposure at the time as a category of illness, making workers compensation unattainable for many of the sick Navajo (Dawson and Madsen 2007). Private industry's treatment of the Navajo workers was poor, according to recent standards: companies failed to educate workers on precautionary measures, did not install sufficient engineering controls, such as adequate ventilation; and did not provide sufficient safety equipment to protect workers to the known dangers related to the mines. The Navajo were never told of the radiation effects, and did not have a word for it in their language. Many Navajo did not speak English and trusted the uranium companies to have their interests in mind. Navajo workers and residents have felt betrayed as the results of the studies became known, as well as the long delays by companies and the US government to try to prevent the damage, and to pay compensation. Lung cancer became so prevalent among the Navajo people that working in uranium mines was banned on Navajo lands in 2005.

Following the Gold King Mine Spill in 2015, farmers lost 75% of their crops due to the lack of clean water. The EPA provided the Navajo with water, but it was contaminated with oil, poisoning the land and killing the livestock. Duane Yazzie, a Navajo Tribe member, spoke about the spiritual and cultural importance that agriculture plays in the Navajo culture and how both the oil and uranium contamination infringed upon their ability to practice their culture. In the case of environmental hazards such as the Gold King mine spill, the EPA offers The Standard Form 95 where claims of economic damages, unemployment, loss of income, or damage to property can be filed as a result of an environmental incident. However, Ethel Branch, the Navajo Nation attorney general said this form contained backhanded, offensive language that would diminish one's ability to get full financial compensation and restrict their ability to file additional, future claims.

Implicit racism

White workers also faced different conditions: Navajo workers were forced to enter the mine directly after a detonation, while it was filled with dust and smoke. However, the white workers were able to stay behind. Navajo miners were paid less than miners from off-reservation, well below minimum wage. Until radon exposure safety standards were imposed by the Secretary of Labor Willard Wirtz over the objections of the Atomic Energy Commission and the uranium mining industry in June, 1967, mines lacked ventilation, exposing workers to radon.

Widows of mine workers met to discuss their grief; they started a grassroots movement that eventually reached the Congressional floor.

The Church Rock uranium mill spill raised claims that race was a factor in the federal government's paying little attention to the disaster:

When there was a relatively minor problem at Three Mile Island in Pennsylvania, the entire attention of the Nation was focused on this location and the Federal and State assistance brought to bear to deal with it was extraordinary. When the largest release of radioactive material in the history of the United States occurs in Navajo country, however, the attention paid to it by the Federal and State authorities is minimal at best.

Community involvement and response

Forgotten People (FP) is a grassroots organization incorporated on the Navajo Nation which represents the health and well-being of the residents of the Navajo Nation in Arizona. The full name of this organization is Forgotten People Diné Bé Iina' na' hil naa, meaning Diné Rebuilding Communities. Forgotten People began as a political organization dedicated to advocacy for the Navajo people against forced relocation plans which spanned 1974 to 2007. When forced relocation programs were ended in 2007, the organization shifted focus to a broader variety of issues with a focus in environmental remediation. In 2009, Forgotten People received the Environmental Excellence Award from the NNEPA. Forgotten People was an integral aspect of the Black Falls water project, which involved collaboration with the US EPA to provide clean drinking water and educational outreach for the Black Falls community which was affected by uranium mining. FP attributes the success of Black Falls with the evolution "from a needs-based or dependency approach to the agencies into an assumption of full responsibility for their own development." The Black Falls community was able to decide upon their own solutions for their water problems. Their efforts were coordinated by FP and funded by the US EPA. Forgotten People represents an evolving grassroots community which is moving simply from organizing to actually empowering residents to take their development into their own hands.

Forgotten People also gathers and displays pertinent public records for a variety of issues facing the Navajo on their website. For their campaigns against uranium mining, their website displays all official responses US attempts at relaxing uranium restrictions on Navajo territory. FP also preserves the response of the President of the Navajo Nation in response to proposals for uranium mining near the Grand Canyon. In 2005, the President of the Navajo Nation, Joe Shirley, Jr., signed the Diné Natural Resources Protection Act which banned uranium mining and processing on Navajo land. After signing the law, President Shirley stated, "As long as there are no answers to cancer, we shouldn't have uranium mining on the Navajo Nation. I believe the powers that be committed genocide on Navajo land by allowing uranium mining."

Dine' Citizens Against Ruining our Environment (CARE), established in 1988 as a grassroots organization, aims to give citizens of the Navajo Nation a voice to protect their environment, culture, and community. The expansion of the organization, over the years, allows for individuals within the Navajo community to share their experiences and build a network of people dedicated to the preservation of the Navajo land and resources. Membership is free and involves being an active advocate for the community that the member lives in. Projects and campaigns that Dine' CARE works on are financed by grant money. One of the project that Dine' CARE works on is the Navajo Radiation Victims Project. This project helps regions impacted by nuclear waste from uranium mining by visiting communities and gaining first hand accounts from victims. Earl Tulley, who is now Vice President of Dine' Care, believes the project helps all victims of uranium radiation exposure, native or non-native, get the compensation and help that they need. The organization fights to clean up impacted areas and prevent any future mining on Navajo land. The most notable success for the project was the amendment of the Radiation Exposure Compensation Act (RECA) in 2000. Dine' CARE helped create the Western States RECA Reform Coalition to expand the scope of compensation for victims not only by extending the geographic regions and time periods covered, but also by adding two new occupational claimants and compensable diseases.  

Enduring impact

Many residents of the Navajo Nation have anxiety and concerns about the future because of large amounts of radioactive waste remaining. One Navajo Elder explains: "We, the elderlies, that resides around here don't know what was good and worst about the uranium. There were several deaths in this area that was affected by radiation or cancers. We need help. I lost my wife last year [to cancer] and now I am 87 years. My wife would have been 70 years old which made a lot of difference. I am lonely and can't get anywhere without her help. I was hurted and miserable." The number of cancer cases has continued to rise because of these conditions, as water, air and ground generally have been affected. In areas near uranium mills, residents suffer stomach cancer at rates 15 times those of the national level. In some areas, the frequency gets as high as 200 times the national average. Hundreds of abandoned uranium mines with exposed tailings remain unremediated on the Navajo Nation area posing a contamination hazard. Near the former uranium mills, water contamination and contamination of rocks which many residents used to build their houses, continue to be problems.

A 1995 report published by American Public Health Association found: "excess mortality rates for lung cancer, pneumoconioses and other respiratory diseases, and tuberculosis for Navajo uranium miners. Increasing duration of exposure to underground uranium mining was associated with increased mortality risk for all three diseases… The most important long-term mortality risks for the Navajo uranium miners continue to be lung cancer and pneumoconioses and other nonmalignant respiratory diseases." That is to say, not stomach cancer, which the Navajo people naturally have a higher rate of experiencing than the national US average. The descendants of mining families continue to have extremely high rates of ovarian and testicular cancer.

The enduring effect of uranium mining continues to contaminate the soil and endanger survival of wild plants. Additionally, livestock's dependency on clean food and water sources that are being slowly lost, and that may not recover, casts uncertainty on the continuity of the Navajo's pastoral lifestyle.

Scientific consensus has not been reached about the gravity of the public health threat caused by uranium contamination of groundwater on the Navajo Nation. However, uranium is present in a substantial portion of unregulated groundwater sources used for human consumption. The lack of consensus on the risk that this poses to the Navajo may indicate a research deficit that is also seen in other Native American communities. However, a significant connection between proximity to an abandoned uranium mine and presence of uranium (and arsenic) in groundwater wells has been made, no matter if the elements occur naturally or are a result of the mining process. Studies have shown an autoimmune response in some Navajos from uranium mine waste that may indicate a risk for people with autoimmune diseases, which are more prevalent in Native Americans. Chronic lack of access to regulated water sources means that many Navajo people may be drinking from uranium and arsenic-contaminated water.

Clean-up efforts

Since 1994, the Environmental Protection Agency (EPA), along with the Navajo Nation Environmental Protection Agency, has been mapping areas affected with radioactivity. In 2007, they compiled an atlas of the abandoned uranium mills in order to rid the area of nuclear waste. In 2008, the EPA implemented a five-year cleanup plan, focusing on the most pressing issues: contaminated water and structures. The EPA estimates that 30% of all Navajo people lack access to uncontaminated drinking water.

The EPA is targeting 500 abandoned uranium mills as another part of their five-year cleanup plan, with the goal of ridding the area of nuclear waste. Its priority was identification of contaminated water sources and structures; many of the latter have been destroyed and removed. In 2011, it completed a multi-year project of removing 20,000 cubic yards of contaminated earth out of the reservation, near the Skyline Mine, to controlled storage on the plateau.

In 2017, a $600 million settlement attempts to clean up 94 abandoned uranium mines.

The EPA and NNEPA prioritized 46 mines (called priority mines) based on gamma radiation levels, proximity to homes and potential for water contamination identified in preliminary assessments documented in the EPA Site Screen Reports. Detailed cleanup investigations will be conducted at these mines by the end of 2019. All documents can be found here.

All 46 priority mines are in the assessment phase which includes biological and cultural surveys, radiation scanning, and soil and water sampling. These assessments help to determine the extent of contamination. The assessment work at the 46 priority mines will be documented in Removal Site Evaluation reports which will be completed by the end of 2019. These reports will be shared with communities and made available on this website.

The federal government seeks proposals from businesses to clean up abandoned uranium mines on the Navajo Nation. $220 million available to small businesses to clean up Navajo uranium mines. The funding comes from a $1.7 billion settlement with Tronox, the successor of Kerr-McGee, a company that mined the region. During the Cold War companies extracted nearly 30 million tons of uranium from Navajo land. The EPA says it has funding to assess and clean up 220 of the 520 abandoned mines. The Request for Proposal can be found at www.fedconnect.net in the “Public Opportunities” section by searching Reference Number 68HE0918R0014. Contract proposals will be accepted through May 28, 2019.

Residents of the Red Water Pond Road area have requested relocation to a new, off-grid village to be located on Standing Black Tree Mesa while cleanup progresses on the Northeast Church Rock Mine Superfund site, as an alternative to the EPA-proposed relocation of residents to Gallup.

Memory and trauma

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Memory_and_trauma ...