Sioux Falls, SD – Nine Native American tribes in South Dakota, North Dakota and Nebraska have filed a lawsuit against the federal government in an attempt to stop exploratory graphite mining near a sacred site in the Black Hills.
A small group of demonstrators have been protesting at the drilling site and at the mining company’s headquarters since they learned that drilling on the drilling project would begin in late April.
The tribes made their own federation lawsuit Thursday in South Dakota against the U.S. Forest Service and the U.S. Department of Agriculture, alleging that the two agencies violated federal law by greenlighting a project near a site called Bisla, a meadow in the central Black Hills used for tribal ceremonies, prayer and youth camps year-round.
The project is the latest point of tension between tribes and mining interests in the lush, pine-covered Black Hills region, which covers more than 1.2 million acres (485,000 hectares) and rises from the Great Plains of southwestern South Dakota and extends into Wyoming.
The area is an annual destination for millions of tourists and features attractions such as Mount Rushmore and state parks filled with wildlife. However, it has been that way for much longer Sacred to the Sioux tribes They call the area Sapa and consider it “the heart of all that exists,” according to the complaint.
Some landscapes have already been changed by Gold rush From the 1870s that developed the area and displaced the Native Americans. In recent years, a new group of miners, driven by rising gold prices, have sought to return to the scene.
The project is by Rapid City-based mining company Pete Lane, the complaint said & The sons will influence the tribes’ use of Bisla for traditional, cultural and religious purposes, and the Forest Service did not consult with the tribes before approving the project.
Parts of Bisla are owned by Sioux tribes after they purchased the land in 2012, 2015 and 2018, and an agreement between the tribes and the Forest Service created a two-mile (three-kilometer) buffer zone on public lands surrounding the site, according to the complaint.
The lawsuit claims that because Bisla is not listed as an affected area and no environmental review has been conducted, the approval violates the National Historic Preservation Act and the National Environmental Policy Act.
Pete Lynn & Sons, which supplies materials such as limestone, sand and gravel, did not respond to email or voicemail requests for comment Thursday and Sunday.
Frank Starr, Chairman of the Oglala Sioux Tribe, said in a statement that the lawsuit is “historic evidence of unity” between the nine tribes. Tribes are separate, distinct, federally recognized tribes that share cultural and linguistic roots, but each has its own government and land base.
“We as Lakota people have been coming, praying and holding ceremonies in these places for over 2,000 years,” said Wizipan Garriott, president of the indigenous advocacy group NDN Collective and a member of the Rosebud Sioux Tribe. “Our presence here is therefore a continuation of countless generations that came before us. It is important to protect these sacred places for future generations.”
The project received a permit from the Forest Service in February without an environmental review because the agency said it met categorical exclusion requirements, such as being less than a year in duration and not causing impacts to environmental and cultural sites.
But tribal opponents disagree about whether these requirements are met and say drilling projects are often a first step that leads to future mines.
Along with the tribes’ lawsuit, NDN Collective and other environmental groups have filed a request for a temporary restraining order and preliminary injunction to stop the project.
Some drilling rigs are located in the buffer zone around the site, according to NDN Collective. The project calls for the company to drill up to 18 holes about 1,000 feet (300 meters) deep in the ground to collect samples.
On Thursday, opponents demonstrated with banners reading “Protect Bisla” and “The Holy Land is not restricted by mining” near two drilling rigs to block access. NDN Collective said the Forest Service informed them that digging was temporarily halted for the rest of the day and contractors were sent home.
The Forest Service said in a statement that it had no comment on the project when asked to respond.
“The Forest Service does not comment on the details of the case or on issues that are part of ongoing legal proceedings,” the statement read.
It is unclear when drilling began, but NDN Collective said it observed drilling rigs in operation last week. The group said protest actions would continue as needed to protect Bisla.
“As Lakota, we pray as much as we need to,” Garriott said.