Tag Archives: Standing Rock

Blurred Boundaries and Indigenous Lands

Geodesy has long increased the number of claims by extractive industries through remote sensing, and especially over indigenous lands. Yet crowd-sourced tools of geolocation have also enabled a range of counter-maps of indigenous native land claims that have pushed back on how industries that have increased access to the resources buried beneath the very lands to which indigenous groups have ancestral claims. Indeed, powerfully innovative webmaps like NativeLands provide not only a new standard for cartographic literary, but to achieve epistemic change. They offer an opportunity for ethical redress of the lost of lands indigenous have roundly suffered from the uninvited Anglo settlers of North America. And they reflect a broad legal search to redraw the bounds of indigenous maps, rooted less along exclusive claims of property–or property laws of fixed ownership that reflect a history of the session of land by native peoples, often signed under duress and without clear understanding of the historical consequences of treaties that ended precedents for land claims. The growth of consciousness of ancestral land claims has promoted a need to accommodate property claims that had promoted a mapping of jurisdiction along clearly demarcated lines, ending or eroding indigenous land claims, and parallel the search for a new legal framework to acknowledge and recognize past claims of historical habitation that had been eroded by a treaties, land cessions from claims of collective possession, and fit a new legal language of ancestral lands often excluded from property law.

Canada constitutionally only explicitly recognizes three groups of aboriginal or indigenous–the Inuit, Métis, and generic “First Nations”–the multi-color blocks of native lands and historic “cessions” of tribal lands suggested a new understanding of how Canada had long celebrated its multiculturalism as a “mosaic” and not a “melting pot”–but showed the divisions of the land claims of a plurality of indigenous groups never recognized by Canadian law–and still quite problematically recognized in public acknowledgements of respect for land long inhabited by indigenous or “autchothones” proclaimed with piety by national airlines whose flight paths criss cross endangered boreal forests that tribes have long inhabited.

Air Canada went to pains the national company took at presenting a land acknowledgment in the form of a public announcement to all passengers, as if a remediation of the incursion of their airspace. But the video quickly turns to promote the airline as a platform for personal advancement that actual indigenous elders–if not leaders–embraced, affirming the cultural mosaic called into question if not challenged by the shard-like divisions staked on NativeLands, and its maps of historical land sessions. The flight over land seems to acknowledge indigenous claims to regions of pure waters and lands of a boreal forest, that maps an odd acknowledgement of indigenous presence from the air–paired with testimonials from Air Canada workers of native parentage attesting to longstanding fascination with the planes flying above over native lands and in airspace that was never properly defined–and the company’s commitment to secure these rights, as the major national company of state-run transportation.

–that suggest a respect traditions from the perspective of the modernity of air flight–as First Nations asserted data sovereignty over the lands they inhabit by a system of automated drones from 2016, to build a transportation infrastructure available to communities often isolated from infrastructure roads–and the notable fact that Canadian indigenous constitute the fastest-growing population in Canada, a notable fact of increased political significance, raising questions of the integration of their communities that could be reconciled with the historical transfer of land in the numbered treaties, 1871-1012, to transfer tracts of lands to the crown for promises that were rarely kept.

The odd status of indigenous lands in the nation puts the national airline of Canada at a unique relation to indigenous territories in recent years: while Canada’s divided system of federal sovereignty has begun to affirm aboriginal title in legal terms, and recognize autonomy of regions of indigenous settlement within Canadian sovereignty of the entire nation, the status of First Nation’s title are like islands of federal supervision in provinces, leaving national agencies like Air Canada, which reserves Parliament’s legislative jurisdiction over “Indians and lands reserved for Indians,” in an outdated legal formulation, a unique and privileged ties to lands of aboriginal title: the title of the nation is understood as parallel to and not in conflict with historical title of First Nations, which are incorporated into the nation as islands of federal sovereignty which still exists over the regions of the Numbered Treaties, which have never been legally dissolved.

Numbered-Treaties-Map.svg

Numbered Treaties and Land Cessions with Indigenous First Peoples, 1871-1921

Is Air Canada, the national airline service, not acting as a proxy of the federal government in acknowledging the continued land claims of Native Peoples hold to old growth boreal forests below routes the airline often flies? The question of indigenous properties and indigenous autonomy is in a sense bracketed over areas Canada acquired from Great Britain in 1867 and purchased from the Hudson’s Bay Company three years later? The increasingly pressing question of how to acknowledge native sovereignty is hoped to be accommodated to the Canadian image of a “cultural mosaic” of sorts, and the NativeLands offers what might be best seen as a response to that mosaic–not an image of interlocking shining cultures of sparkling individuality, but the overlapping rights of possession not rooted in firm boundary lines, but in forests, rivers, and streams, not as a generic bucolic region out of cities or accessible infrastructure, but a new form of mapping, rooted in notions of neighboring places, and acting as a neighbor to places–and inhabiting spaces–that is distinct from an Anglo-American system of property rights.

To Learn More about the Indigenous Peoples of Canada, Click the ‘About Us’ Onscreen Tab”

For although the maps of Anglo settlers–attracted by the shifting global markets for goods, from cotton, to gold, to petroleum, all claimed without consent from their longtime inhabitants–erased or omitted local claims to land by those seen as nomadic, and of an earlier historical developmental stage, with a cutting logic of relegating their very presence to the past, the reframing of collective memories to inhabiting lands and regions offers a plastic and particularly valuable cartographic resource for remediating the future. The change parallels the first assertion of reversionary practices to land title, marked by. the Nisga’a Land Title act of 2000, which guaranteed title to lands outside of a historic chain of property deeds, allowing the determination of titles dependent on competing interests, by which the state can ensure ownership that incorporate traditional ways of recording property interests, outside of a property system of deeds: the new legal authority of the state may as well have inspired, this post suggests, a new form of mapping, in a webmap able to register mutually competing interests in compatible ways, rather than privileging historical titles of written form. In this sense, the growth of webmaps offer a new form of an open repository for competing claims, not linked to a legal system that has long favored colonial or settler claims.

The problem of a project of decolonization of course was greater than a map could achieve–but the relentless colonization of indigenous spaces and places needed a public document or touchstone to return. The presence of native tribes was never in question during the colonization of the continent–if one can only ponder the notion of the Library of Congress, Daniel Boorstin, who commemorated the approach of European and native cultures as so culturally fruitful for American culture, rather than one of loss. But how to take stock of the scale of loss? Northern California has been recently a site of active indigenous resistance to a legacy of colonization, the cartographic unearthing of land claims offers a new appreciation of increasing pluralistic possibilities of occupying the land.

Webmaps offer the possibility of stripping away existing boundaries, in cartographically creative ways, by interrogating the occupation of what was always indigenously occupied in new ways. Henry David Thoreau was plaintive as he voyaged down the Concord River, realizing how native lands had been not only usurped by the introduction of European grasses and trees, not only leading the apple tree to bloom beside the Juniper, but brought with them the bee that stung its original settlers; pushing downriver and “yearning toward all wilderness,” he asked readers, “Penacooks and Mowhawks! Ubique gentium sunt?” The signs of longstanding presence are not erased, but present on the map. And although lack of fixed boundaries on native lands have long provided an excuse to stake claims that exclude inhabitants who are seen as nomadic, or not settled in one place, and laying claim or title to it, and “without maps,” the blurred boundaries of NativeLands re-places longtime residents on the map, wrestling with the long-term absence of indigenous on the map.

NativeLands.ca

It is, perhaps, not a surprise that the crowd-sourced interactive website Native Land Digital that was the brainchild of Victor Temprano, in the midst of the heady environment, CEO of Mapster who worked on a pipeline-related project, circa 2016. The sourcing of maps for indigenous land claims was pushed by his own anti-pipeline activity that involved remapping the place of planned lines of transport of crude oil from the boreal forest south to New Orleans on the KXL project and to Northwest ports Victoria threatened native lands and the ecological environments exposed to threats by drilling and clearcutting and risks of leaks. The current live charting at a live API offers total coverage of the globe, as may be increasingly important not only at a time of increasing unrestrained mineral extraction to produce energy but the retreat of ice in global melting that will alter animal migration routes, thawing permafrost, and sudden drainages of inland lakes that might call attention to new practices of land preservation.

The rich API provides a reorientation to the global map promising a powerful new form of orientation. Temprano, an agile mapmaker, political activist and marketer, framed the question of a more permanent digital repository of a global database of indigenous geography, that put the question of indigenous map front and center on the internet globally. The product, that led to an ambitious open source non-profit, sidestepped the different conceptions of space, time, and distance among indigenous communities, or the blurriness of fluid bounds, and opted the benefits outweighed the costs of an imagined the collection of maps of ancestral lands in term by the GIS tools of boundaries, layers, and vector files, as a rich counter-map to settler claims, able to collate lands, language and treaty boundaries on a global scale. The dynamically interactive open-source interactive project, known for its muted pastel colors, rather than the harsh five-color cartography that reify sovereign lines that posits divide as tacit primary categories of knowledge, is subtly compelling in its alternative non-linear format, that invests knowledge in sensitivity to the contributions of each of its viewers: dynamic, and administered by a non-profit with native voices on its board.

It is, inventively, able to maintain the dual display of a site where one could easily navigate between native and Canadian place-names and explore “indigenous territory,” as if it might be mapped by mapping space onto time in the broadly used cartographic conventions that have developed and flourished in online mapping ecosystems–and offered the benefit of creating layers able to be toggled among to layers of treaties by which land was legally ceded, overlapping language groups, and a decolonized space that was particularly sensitive in Canada, where the ability to engage outside colonial boundaries had been placed on the front burner by extractive industries. There is a sense, in the crowd-sourced optimism that recalls the early days of OpenStreetMap and HOT OSM, of the rewriting of maps and the opening of often erased land claims that crashed like so many ruins that accumulate like a catastrophe as wreckage that has piled at the feat of an Angel of History who is violently propelled by the winds to the future, so she is unable to ever make the multiple claims and counter-claims in the wreckage at her feet whole, and the pile of ruins constituted our sense of the progress of the present, even as it grows toward the sky. Was this a new take on the cultural mosaic of Canada, now revised as a problem of staking claims to the visions of property that the land cessions of the Native Treatise of Canada erased.

The website was the direct reaction to the active search for possibilities of extracting underground petrochemical reserves on indigenous lands in Canada. The growth of the website north of the border however has resonated globally, underscoring the deep cultural difficulties of recognizing title to lands that was long occupied by earlier settlers. If many of the claims to petroleum and mineral extraction in indigenous land is cast as economic–and for the greatest good–the petrochemical claims are rooted in an aggressive military invasion, and are remembered on NativeLands.Ca as the result of abrogated treaties and land cessions that must be acknowledged as outright theft.

The history of a legacy of removing land claims and seizing lands where Anglos found value has led many to realize the tortured legacy–and the unsteady grounds on which to stand to address the remapping of native lands. General Wesley Clark, Jr. acknowledged at Standing Rock, asking forgiveness in 2016, almost searching for words–“Many of us are from the units that have hurt you over the many years. We came. We fought you. We took your land. We signed treaties that we broke. We stole minerals from your sacred hills. We blasted the faces of our presidents onto your sacred mountain. . . . We didn’t respect you, we polluted your Earth, we’ve hurt you in so many ways, but we’ve come to say that we are sorry.” Crowd-sourced maps of claims on NativeLands offer an attempt at remediation, although a remediation that might echo, as Chief Leonard Crow Dog responded at Standing Rock, “we do not own the land–the land owns us.”

Oceti Sakowin (Sacred Stone) camp near the Standing Rock Reservation, Cannon Ball, North Dakota, United States on December 6, 2016.

The sacred lands that had long reserved sacred lands in ancestral territory to indigenous tribes were indeed themselves contested at Standing Rock in 2015-6, when the 1868 Treaty of Ft. Laramie that assigned Sioux territory east of the Missouri River and including the water that runs through these ancestral lands as including the water, but the protection of these waters as within ancestral lands was not only challenged but denied by the proposed Dakota Access Pipeline, even if the water runs through Sioux territory, as it long had, leading the Sioux Nation to bring suit against the US Army Corps of Engineers for having planned the pipeline through their ancestral lands, and attracting support of military veterans who objected to the continued use of Army Engineers to route the pipeline through historical and cultural sites of the Upper Sioux that ran against the lands reserved fort he Sioux nation.

Indian Claims Classification Determination of Sioux Territory across Missouri River

The challenge or undermining of ancestral claims to land by the DAPL offered a basis for accounting or tallying of the respect of previous treaties and land claims. In the rise of the webmaps Native Lands, a new and unexpected use was made of the very cartographic tools that facilitate international petrochemical corporations–and indeed military forces–to target lands valued for mineral production with unprecedented precision have helped to stake a claims for the land’s value that undercut local claims to sovereignty. The website offers a way to preserve claims that were never staked earlier so clearly, and to do so in dialogue with broken treaties as a counter-map taking stock of the extent of indigenous lands. It is as if, within the specters of extractive industries’ deep desire to possess the targeted energy reserves, and at the end of a history of dispossession and destruction, the indigenous that were systematically killed and removed from their lands over the nineteenth century, at whose close 90-99% were killed, in a massive and unprecedented theft of land, forcing them from migratory habits to receive religious instruction and live on bound lands to which they were confined. In Canada, where NativeLands grew, displacement of land rights began from clearing herds of bison herds from Prairies to begin construction of the Canadian Pacific Railway, the principle commercial artery to the West, that had by 1869 shifted indigenous resources to rations that rarely arrived, to be replaced by cattle on lands settled by European farmers and style of agriculture. The melancholy history Plenty Coups framed of the extinction of Crow sovereignty went beyond land rights: “when the buffalo went away the hearts of my people fell to the ground, and they could not lift hem up again: after this, nothing happened.”

Time stopped because the imposition of new modes of agrarian regime recast native lands as terra nullius to be settled by Anglo and European farmers, a surrender of land title from 1871-1921 that nullified local land claims. The cartographer and framer of the U.S. Census, newly appointed to what would be the Bureau of Indian Affairs, Francis Amasa Walker conducted the first review of 300,000 Native American in the United States of 1874, trying to sort out the theft of land over four hundred treaties. Walker’s agency was not clear, but if he bemoaned theft of ancestral lands fertile and rich with game, confined in land that could not support them and dependent on rations, there is some sort of redress in how the NativeLands maps invites us to retrace the sessions of lands that undermined these tribal claims, and erased these nations, not deemed fit to have place or stake belonging in American made maps that Walker helped to codify, placing the loss of land that Plenty Coups did so much to try to protect and retain, against all odds, in making trips to Washington DC to allow Crow claims to survive in this new White Man’s world. Even if the claims that he preserved were less than they had been originally allotted–just 80%–he forestalled desires to claim land for gold prospecting and mineral extraction that are effectively on the cutting block once again today.

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Filed under American genocide, California, data visualizations, native lands, thanksgiving

KXL?

Last year the Senate failed to pass the bill to authorize the construction of the Keystone XL pipeline.  But the fight was intensely waged before a map, and it seems time to scrutinize what that map charts, and place it beside what sort of future map of an energy landscape we seek to create.  And as debate continues, and we look at maps to understand the potential transformation of the landscape the would result from the pipeline promising to carry 800,000 barrels of bitumen/day across farmlands in the central United States, running across many so-called “red states” of a Heartland, from North Dakota, South Dakota, Iowa, Nebraska, to Texas and Louisiana. The planned assembly of sections of this massive megaproject of overland pipe could at any point contaminate farmlands, native lands, and waterways to create massive public health risks.   But we have trouble mapping such risks against a thirst for energy, and a demand for energy independence, to allow us to have access to gasoline for driving cars–even though this bitumen is refined–to petroleum products and to preserving the perpetual light blue incandescent glow of television screens.

Keystone Pipeline segments waiting for assembly in Summer Texas/Tony Guttierez/AP

Or are not prepared to do so. As we allow battles to be waged primarily I courts since a district court famously placed a permanent injunction on hopes for the pipeline’s construction in November 2018, leading the President we have to re-issue a new cross-border permit that sought to replace the previous permit issued by the State Department, under his sole authority as executive framer of the nation’s energy policy, even in the face of no plans for pipeline construction in 2019, we need to map both the benefits that the Keystone XL pipeline against the real risks it would pose. Indeed, the almost hubristic attempt to build pipeline from Hardisty all the way to Houston, in ways seems a straight line, suggests a huge amount of new pipeline that would challenge the technology we have of transporting bitumen, to provide crude for existing refineries in Houston and Galveston that falsely promises to restore their industries, even by raising risks we cannot start to fully imagine in an age of rising temperatures, increasing climate pollution, and the possibility of actual national emergencies. Even before Transcanada’s own maps, we should pause at the claimed promise of jobs and easy energy–

–especially in the face of clear alternatives, already under construction, by which the oil would be shipped for refining to Asia, at a rate that is far beyond the 800,000 barrels per day Keystone XL is designed to carry.

Alternative Planned Courses for Bitumen Transport from Tar Sands

The transport of the messy, oily, Tar Sands bitumen and slick through the proposed expansion in the pipeline would, of course, cross not only farmlands and run relatively alongside of rivers that trained to the Gulf of Mexico, but transport petroleum through a region of the largest aquifers of the central United States, as well as raise threats of the possibility of leaks into above-ground streams and rivers, which would be difficult to clean up, not to mention 2500 groundwater wells lying near the proposed pipeline, whose monitoring for possible contamination would subtract even from any possible revenues that the pipeline would create.

Harvard Bioinformatics and Genomics

But the specter of losing promised jobs, and indeed of a declining American petroindustry above-ground, long active in local and national politics, has made the fear of alternatives–and alternative energy exports from Canada–frightening to many United States Senators, even if the refineries in American waters or mainland would not be receiving the bulk of bitumen shipped from American ports, and hardly would keep them active alone.

And the recent decision to adopt measure designed to designate the built pipeline sections “critical infrastructure would criminalize any damage gas facilities currently under construction as third-degree felonies that can carry as many as ten years in prison, preventing “impair or interrupt” protests or even entrance into property with the intent to damage or disrupt to become recognized as felonies by the state of Texas–if not the second degree felonies that was proposed in an earlier bill proposed by Representative from Marshall, TX. Such bills are intended to disrupt any environmental protests against the 650-mile Jupiter oil pipeline and Kinder Morgan’s 430-mile natural gas Permian Highway pipeline, both designed to transport fuels above ground from one of the nation’s largest oil patches in West Texas to the Gulf Coast, with the intent to prevent protests of civil disobedience or environmental justice as has occurred in Standing Rock. Despite the danger of such pipelines to San Antonio’s drinking water, the rush of a boom in oil and gas production in the Permian Basin of West Texas, en rushing to build pipelines across the state despite tremendous opposition from landowners whose lands would be seized by Texas law that allows private, for-profit companies to claim rights of eminent domain: such anti-pipeline-protest legislation has been adopted in Oklahoma and Louisiana to stymie protests seen as unnecessarily disruptive, and have been overwhelmingly supported by the oil and gas industry who seek to secure their rights to construct pipelines, and cast any attempt to disrupt their construction as disruptive interfering with corporate operations, and probably disruptive the possibilities of protest of native nations as it would impose severe fines and penalties of up to $10,000.

And the recent decision to adopt measure designed to designate the built pipeline sections “critical infrastructure would criminalize any damage gas facilities currently under construction as third-degree felonies that can carry as many as ten years in prison, preventing “impair or interrupt” protests or even entrance into property with the intent to damage or disrupt to become recognized as felonies by the state of Texas–if not the second degree felonies that was proposed in an earlier bill proposed by Representative from Marshall, TX. Such bills are intended to disrupt any environmental protests against the 650-mile Jupiter oil pipeline and Kinder Morgan’s 430-mile natural gas Permian Highway pipeline, both designed to transport fuels above ground from one of the nation’s largest oil patches in West Texas to the Gulf Coast, with the intent to prevent protests of civil disobedience or environmental justice as has occurred in Standing Rock. Despite the danger of such pipelines to San Antonio’s drinking water, the rush of a boom in oil and gas production in the Permian Basin of West Texas, en rushing to build pipelines across the state despite tremendous opposition from landowners whose lands would be seized by Texas law that allows private, for-profit companies to claim rights of eminent domain: such anti-pipeline-protest legislation has been adopted in Oklahoma and Louisiana to stymie protests seen as unnecessarily disruptive, and have been widely

The debate about the pipeline was first rehearsed before a predominantly Democratic Congress, before 2014 elections led Republicans to promise to place the Keystone at the top of their Congressional agenda–in the attempt to place it on an actual map.  The first effort to pass the bill was championed by a Democratic Senator from Louisiana, who vaunted the benefits it would bring to New Orleans and the Gulf of Mexico, and hoped to convince the C-SPAN public to the nation as a whole.  At a time when the long-time senator felt increasingly politically isolated, Sen. Mary Landrieu (D-Louisiana) staged a photo-opportunity standing before a map of the nation:  the map placed the proposed project for laying line across the US among a web of existing national pipelines, as if it would symbolize her own relation to the nation, as well as the place the pipeline within the much-vaunted promise of energy independence.  The deceptiveness of the map by which she sought to symbolize such independence had of course been crafted by pro-corporate supporters of the pipeline, and its deceptiveness–and erasure of costs–needs to be examined, lest it be lodged in one’s mind.

For longtime Sen. Ladrieu, the map displayed the Keystone pipeline as a key to restore or burnish the image of America as an energy superpower.  Yet it disguised the devastation of the extraction of oil or the fact that little of the oil transported was destined for or needed in an American market.  At the same time as oil consumption is declining nationwide and prices are rapidly declining worldwide, Landrieu used the map as something of a backdrop to sell the pipeline by placing it at the centerpiece of a compelling, if largely illusory, vision of energy independence.  But the declining significance of oil to US energy problems (or energy policy) was obscured by Landrieu’s appeal, as it will be, in the Republican priorities for the new Congress, as they make it a top energy priority and link it to the hope of “energy independence” again.  Although such approval would have little effect on changing gasoline prices, and obscure that we face an oil glut, there is almost a fetishization of the pipeline as opening hope for an expansion both of offshore drilling for gas on public lands, and an acceleration of the permitting process for exploring for natural gas that have already been granted.  Hortatory banner ads trumpet with urgency the enticing promise of “Leading America to Energy Independence”–and claim that that will all be done safely, with our best interests in mind.

energy indepndence?
Pipelines Work!

Yet although the Keystone pipeline has become something of an entrée to the expansion of a new US gas and oil boom, and is billed by TransCanada as the “safest and most advanced” pipeline in the continent, which would offer a new “essential infrastructure” to American oil producers, despite a glut of cheap oil, by presenting the $8 billion project in a rhetoric of progress in energy policy–even though the 800,000 barrels of bitumen (or diluted bitumen) that it would promises to transport each day all the way from the Alberta tar pits to the Gulf Coast refineries would be destined for export, and would mean only 35 permanent jobs.

With no clear benefit to American consumers made clear, however, the “progress” of the bill is being pinned to the notion of creating an expanded and renovated energy infrastructure, even at the cost of expanding other serious infrastructural problems in the country.  By integrating the network of existing gas and oil pipelines as a single network, the map used situated the delayed Keystone project as part of a national network of pipelines, suggesting that it would take its place within a coherent national energy policy.

11.19-kxl_standard_540x360

Joshua Roberts/Reuters

Yet whether such an energy policy exists remains open to debate.

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Filed under environmental risk, gas and oil pipelines, Keystone Pipeline, Keystone XL, mapping a national energy policy, oil pipelines, oil spills, Tar Sands