by Charles Wilkinson
Arizona
Republic
27March 2005
When
Ronnie Lupe became chairman of the White Mountain Apache Tribe, it
was hardly an auspicious time. The year was 1966 and his eastern
Arizona tribe, like all the others, had hit rock bottom.
Indians
faced the deepest poverty in the country. Infant mortality was
high and adult life expectancy low. Few had attended college, much
less graduated.
Despite
treaties recognizing tribal authority, outside interests ran the
reservations. Peabody Coal strip-mined sacred Black Mesa in
northeastern Arizona through unfair leases with the Hopis and
Navajos. The Bureau of Indian Affairs trashed Apache and other
tribal forests with high-yield, unsustainable logging.
Lupe
passionately believed in Apache self-determination. "I am an
Apache," he said. "I look at the world differently. The
way I do things, the things I believe, the choices I make are all
because I am an Apache."
Yet the
proud Apaches had no say on their high-country homeland.
"We
couldn't even open our mail," Lupe recalls. "It all went
straight into the BIA's hands." The words of Chief Justice
John Marshall, who described Indian tribes as nations, had turned
to dust.
Against
all odds, tribal leaders came together, decided to fight back and
succeeded. In a historic revival that can be compared to the civil
rights, environmental and women's movements, Indian tribes took
back their reservations.
Leaders
such as Lupe and Peterson Zah of the Navajos planned congressional
initiatives and litigation offensives. The Supreme Court upheld
the treaties. Congress supported tribal self-determination. It
also affirmed Tribal Court jurisdiction over adoptions. Before
that, 25 percent to 35 percent of all Indian children had been
adopted into non-Indian homes.
Tribal
leaders took those national laws and put them to work in Indian
country, making tribes into full-service governments. In the
1960s, the Apache, like other tribes, had only a handful of
employees. Today, about 70 tribes each have 300 or more employees,
excluding gaming operations.
Natural
resources are a priority. Tribes have large and expert
environmental agencies. Since the 1960s, they have added 7.5
million acres, an area 1 1/2 times the size of Massachusetts, to
the tribal land base. Tribal institutions have earned respect. On
the Tohono O'odham Reservation in southern Arizona, cases are
heard in a new justice complex with five courtrooms and many
counselors specialize in juvenile justice. The Navajo courts,
using traditional "peacemaking" practices, are national
leaders in dispute resolution. Tribes operate 34 tribal colleges
and more than 100 elementary and secondary schools.
To be
sure, much still must be done. Poverty rates, although
dramatically reduced, remain high. Health problems, notably
diabetes, still stalk Indian country. Gaming has been a positive
force because most proceeds go to tribal programs, the best way to
meet Indian needs.
Tribal
leaders have had a long struggle to make tribal sovereignty a
reality. When he first came to office, Lupe was determined to
bring the Apache's magnificent ponderosa forest under tribal
management. It took 20 years to wrench control from the BIA, but
now trees are harvested by the tribe on a conservative,
sustained-yield basis. Instead of going off the reservation for
processing, logs are milled at the tribal mill by tribal
employees.
Another
Apache forestland decision is noteworthy. The tribe's sacred peak
is Dzil Ligai Si'an (Mount Baldy, in English). The tribe has
closed the entire western slope to non-members. Even tribal
members must obtain a permit to enter.
Perhaps
this sacred area and the Apache timber mill together stand as fit
testament to the tribes' determination to govern their homelands
on their own terms, to make them places of both jobs and culture,
places of both modernity and tradition.
Charles
Wilkinson is a distinguished university professor and Moses Lasky
professor of law at the University of Colorado and author of
"Blood Struggle: The Rise of Modern Indian Nations"
(W.W. Norton).
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