RE:Lithium Americas Closes Over-Allotment Judge asked to shut down Thacker Pass. "
The BLM has claimed it did not have previous knowledge of Thacker Pass’ historical and cultural significance. But evidence presented in the complaint includes its records of a 2009 telephone conversation in which then-Fort McDermitt Tribal Chairman Dale Barr told BLM archeologist Peggy McGuckian of the area’s significance. In that conversation, McGuckian notified Barr about a project BLM was permitting in Thacker Pass and Kings River Valley. Barr expressed his concerns about it, telling McGuckian the oral history of the Paiute Pitt River massacre. But BLM’s subsequent environmental assessment for the project noted “Dale Barr stated that the Tribe had no concerns about the Project.”
This conversation shows BLM did have previous knowledge of Thacker Pass’ significance, said Max Wilbert, co-founder of Protect Thacker Pass, a movement protesting the mine.
The NHPA also requires BLM to consult with tribes that may be affected by the project before issuing a permit. In its effort to initiate consultation, BLM sent letters to several regional tribes in December 2019. When the tribes did not respond, the complaint says BLM did not follow up.
The BLM handbook on tribal relations explicitly says, “sending a letter to a Tribe and receiving no response does not constitute a sufficient effort to initiate tribal consultation.”
“BLM, by their own definition, conducted zero consultation with Native tribes,” Wilbert said. “And they’ve been lying about that since they issued the permit.”
Falk said these allegations provide grounds for the judge to place the project on hold while BLM reviews the historical information and consults with tribes that consider the massacre site sacred. "
Tribes Claim BLM Violated Multiple Federal Laws in Permitting Thacker Pass Lithium Mine in Nevada | Sovereignty (nativenewsonline.net)
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