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The Doctrine of Discovery is at work in the U.S.A.

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Jane Morrow is Content Marketing Team Lead for Mission Network.

By Jane Morrow

Monday, September 9, 2024

The Season of Creation is a time when the global Christian family unites in prayer and action to protect the Earth, our home, starting September 1 with the Day of Prayer for Creation and ending with the Feast of St. Francis of Assisi, the patron saint of ecology, on October 4.

See
Prayer for the Apache Stronghold and the Supreme Court Justices
Download the Mennonite Church USA Season of Creation worship guide to support worship services and activities during this time.

In the
Tonto National Forest of central Arizona, Chi’chil Bi?dagoteel, (Oak Flat in English) is a region of immense cultural, ecological and historical significance. Renowned for its unique geological formations and diverse flora and fauna, it holds deep significance for multiple Indigenous communities.

Located 70 miles east of Phoenix, Arizona, Oak Flat has been home to San Carlos Apaches ancestors for centuries, if not millennia. The Apache Nation is believed to have migrated to the American Southwest from the north, possibly crossing the Bering Land Bridge thousands of years ago.

The story of Oak Flat is deeply intertwined with the Doctrine of Discovery, a legal framework established by the Catholic Church that has historically justified the seizure of Indigenous lands by colonial powers.

The Doctrine of Discovery originated with papal bulls that allowed various European powers to conquer the lands of non-Christians.

This "permission" eventually became an international law enforceable worldwide, which has caused large-scale human and environmental damage through the extraction of natural resources and the resulting pollution of land, water and air.

The Doctrine of Discoverys legacy is evident in the ongoing struggle between the San Carlos Apache Tribe and industrial interests. The U.S. governments historical and contemporary actions reflect the continued application of this doctrine.
These actions have resulted in the dispossession and marginalization of Indigenous communities, undermining their sovereignty and religious rights.

On July 11, 2024,
Apache Stronghold began a nearly 3,000-mile prayer journey from Lummi Nation (north of Seattle, WA) to the Piscataway and Anacostan peoples ancestral homeland (now Washington, D.C) to file an appeal at the Supreme Court.

Apache Strongholds prayer journey and legal battles highlight the enduring impact of the Doctrine of Discovery. Their efforts to protect Oak Flat are not only about preserving a sacred site but also about challenging the systemic oppression rooted in this doctrine.
The outcome of their struggle could set important precedents for Indigenous rights and the protection of sacred lands across the United States.

Mennonites have supported the coalitions work to pray for Apache Stronghold and organize amicus brief letters of support to the legal case. Congregations and conferences can still join an amicus brief to show their support via
an online toolkit. Contact Melanie Beikman at melanie.beikman@azipl.org with questions.

Find more information about prayer gatherings is on
Apache Strongholds Facebook page. Supporters can join the prayer journey September 11 in Washington by
registering online.

Prayer gatherings of support are also welcome September 8-11 in other locations as well and can be
registered online.

From 1656-1780, the search for gold and other resources brought Spanish invaders, then occupying Mexico, into the homeland of the Apache people, creating nearly continuous conflict. Later, the U.S. government engaged in a 24-year war with the Apache, culminating in 1886 with a massive land grab. Ultimately, the United States established reservations for Indigenous Peoples, spanning 2.9 million acres.

1889

The U.S. Congress passed the General Allotment Act, dividing the tribal reservations into individual allotments. Any unclaimed lands were sold to white settlers. This treaty left the Apache with just 32,643 acres of land.

1905

The Tonto National Forest was officially designated as a U.S. National Forest through a proclamation signed by President Theodore Roosevelt, recognizing the forest’s ecological and recreational significance and the need for its conservation. The forest covers a vast area and includes diverse landscapes, ranging from desert lowlands to mountainous terrain, making it an important and varied ecosystem within the United States’ national forest system.

1955

President Dwight D. Eisenhower issued an executive order that placed Oak Flat
off-limits to mining due to its cultural and recreational value. This protection was honored for decades, keeping industrial interests at bay.

2014

Arizona Senators John McCain and Jeff Lake quietly inserted the transfer of 2,400 acres of federal land at Oak Flat to Resolution Copper a subsidiary of the international mining and metals corporation Rio Tinto in a National Defense Authorization Act (NDAA). Resolution Copper plans to use Oak Flat to build the largest copper mine in North America, effectively ignoring the 1905 proclamation and destroying the sacred site.

In this arrangement, Resolution Copper exchanged other lands that the company owned in Arizona that do not hold the same cultural or spiritual significance as Oak Flat. Despite opposition, the bill passed, which effectively ended the decades-long protection of Oak Flat. It was seen by many as a betrayal, especially since the provision bypassed the usual legislative debate and public scrutiny.

Resolution Copper plans to use a block-cave mining technique, which will:

result in a 1.8-mile-wide crater over 1,000 feet deep
consume more than 637,000 acre-feet of water
require over 40 miles of pipeline through the Tonto National Forest to slurry out toxic waste and ore concentrate
require the construction of massive utility and road corridors that could span 500 feet wide
result in a toxic waste dump that could cover 15,000 acres

2015

In response to the land transfer, Dr. Wendsler Nosie, Sr., Professor in the Practice of Indigenous Knowledge,
American University of Sovereign Nations and former chairman of the
San Carlos Apache Tribe, founded
Apache Stronghold, dedicated to stopping the mining project and preserving Oak Flat for future generations of Apache people and all Indigenous Peoples. Apache Stronghold filed lawsuits to prevent the land transfer.

Apache Stronghold defends the rights of Indigenous Peoples to practice their religion and preserve their culture.
The movement has become a symbol of the broader fight for Indigenous Peoples sovereignty and self-determination in the face of industrial encroachment.

2016

The U.S. Department of the Interior and the U.S. Forest Service approve the land transfer, igniting protests and rallies by environmental and Indigenous groups.

2017

Congress passes the NDAA for fiscal year 2018, which includes a provision that solidifies the land transfer to Resolution Copper. The tribe continues to challenge the decision through legal avenues.

2020

A Rio Tinto iron mining project destroys two rock shelters that were inhabited by Indigenous Peoples for 46,000 years in Juukan Gorge in Western Australia state, prompting the resignation of the company CEO.

The Ninth Circuit Court of Appeals ruled in favor of the plaintiffs, holding that the lower court had erred in its decision. The Ninth Circuit found that the transfer of Oak Flat could indeed impose a substantial burden on the religious practices of the Apache Tribe. The courts ruling emphasized that the Forest Services actions might have violated the
Religious Freedom Restoration Act (RFRA).

2021

Despite legal battles and continued protests, the Forest Service issues a final environmental impact statement approving the mines development, though legal challenges and legislative efforts to halt the project persist.

Apache Stronghold files a lawsuit against the U.S. government, arguing that the transfer of Oak Flat violated the
First Amendment by infringing on their
religious rights, as the mining would destroy their ability to conduct sacred ceremonies. They also cited the violation of treaty obligations and irreversible environmental impact.

2022

In 2022, the Ninth Circuit Court of Appeals agreed to hear the case.

The
Save Oak Flat campaign has also garnered international attention, with protests, petitions, and calls for U.S. lawmakers to reverse the land swap. Many argue that the case of Oak Flat reflects a larger issue of Indigenous Peoples’ sacred sites being sacrificed for resource extraction and corporate profits.

2024

The Ninth Circuit Court of Appeals declines to rehear the case.

Read the press release.

The Mennonite Church USA Executive Board and MC USAs
Pacific Southwest Mennonite Conference filed an
amicus brief on April 25 in support of
Apache Strongholds petition for a new full-court hearing on the potential destruction of Oak Flat, a sacred Indigenous site in Arizona.

Nineteen additional churches and organizations also signed on as amici curiae, or friends of the court, including Mennonite Mission Network,
Mennonite Men and numerous MC USA-affiliated congregations. (Read details of the amicus brief.)

July 11 – Apache Stronghold begins a nearly 3,000-mile prayer journey from Lummi Nation (north of Seattle, WA) which culminates on September 11, 2024, when they reach Washington, D.C and file an appeal at the Supreme Court.

Mennonites join Apache Stronghold on prayer journey to Supreme Court | Anabaptist World

Legislative efforts

Some members of Congress have introduced bills to repeal the land swap and restore Oak Flats protected status. One such effort is the
Save Oak Flat Act, which has been introduced several times in both the House and Senate, though it has faced significant opposition from mining interests and lawmakers advocating for economic development.

Ongoing struggle

The fight to protect Oak Flat continues as a major issue in the broader context of Indigenous land rights, environmental protection, and corporate interests. While Resolution Copper argues that the mine would bring economic benefits to the region, including jobs and investment, opponents maintain that no economic gain can justify the destruction of a site that is integral to the religious and cultural fabric of Indigenous communities.

Prayer for Apache Stronghold and the Supreme Court Justices

Almighty and Loving Creator/Redeemer/Sustainer,

You, who are able to do far more than we can ask or imagine, we implore You to continue surrounding our brothers and sisters on the Apache Stronghold prayer journey. Continue to lead and protect them. Give them your wisdom and your strength as they battle the powers of greed and destruction. For two months, You have walked with them from West to East, on a good path of beauty and harmony across Turtle Island, the land sometimes called the United States. The members of the Apache Stronghold delegation have walked, each step of the way in intimate contact with Mother Earth, to unite all of us in protecting the land that sustains all Your people.

Now, as the Apache Stronghold delegation approaches the halls of power, to lay their papers on the desk of the Supreme Court, we ask that you inspire the justices to also unite their hearts with Yours for the good of the people they swore to serve. We pray that those who represent the United States government will make history on Wednesday and honor the promises the government has made to the Indigenous Peoples of Turtle Island. These promises, if honored, will sustain the lives of all who live in the current nation of the United States.

We dont know the hearts of the Supreme Court justices, but You do, and so we pray for Chief Justice John G. Roberts and Associate Justices, Samuel Alito, Ketanji Brown Jackson, Amy Coney Barrett, Neil M. Gorsuch, Elena Kagan, Brett M. Kavanaugh, Sonia Sotomayor and Clarence Thomas. We pray that as these nine judges debate the request to save Chích?il Bi? Dagoteel [Oak Flat], they will open their hearts and make a decision that corresponds to Your Love, Your Light, Your Truth and Your desire that all Creation live in Beauty and Harmony.

May it be so.