Formal Reports
Wowasi Luta Wowapi
(Oceti Sakowin Treaty Councils Red Paper Plan of Action)
Summary
The Wowashi Luta Wowapi (Red Spirit Paper and Plan of Action) of the Treaty Councils of the Očhéthi Šakówiŋ Oyáte reaffirms the inherent sovereignty of the Seven Council Fires and denounces the unlawful colonial encroachments of the United States upon their treaty lands. Grounded in the Fort Laramie Treaties of 1851 and 1868, the document rejects federal Indian law and its doctrines of discovery, trust authority, and plenary power as violations of international law and human rights. It outlines a comprehensive plan for restorative justice through the restoration of traditional Lakȟóta customary law (wóopȟe), renewed nation-to-nation relations under international law, and the enforcement of treaty rights within U.S. courts. The plan demands the return of sacred lands, including Pahá Sápa (the Black Hills), protection from extractive industries like pipelines and uranium mining, recognition of the Oyáte’s right to free, prior, and informed consent, and full reparations for centuries of colonial occupation and harm. Peta Omniciye, Inc will be working with the Treaty Councils to implement this plan of action.
Analysis of Lakota Treaty Land Rights, Sacred Sites, and Economic Impacts of Resource Extraction
I. Introduction
The Lakota Oyate, part of the Oceti Sakowin Confederacy, were historically guaranteed extensive territories through the Fort Laramie Treaties of 1851 and 1868. These treaties recognized Lakota sovereignty over vast lands, including the Black Hills (Ȟe Sápa), a region of profound spiritual significance. Despite these agreements, the discovery of valuable minerals led to extensive resource extraction, notably gold and uranium, resulting in both economic and cultural ramifications for the Lakota people.
II. Historical and Legal Context
The 1868 Treaty of Fort Laramie established the Great Sioux Reservation, encompassing the Black Hills. However, following the discovery of gold in the 1870s, the U.S. government seized the Black Hills, violating the treaty. This action was later deemed unlawful by the U.S. Supreme Court in United States v. Sioux Nation of Indians (1980), acknowledging the land was taken without just compensation. The Court awarded monetary compensation, which the Lakota Nation refused, asserting that the Black Hills are sacred and not for sale.
III. Cultural Significance: Lakota Star Knowledge
The Black Hills hold immense spiritual value, embodying the Lakota’s celestial-terrestrial relationship. According to Lakota star knowledge, the Black Hills mirror the Čhaŋgléška Wakȟáŋ (Sacred Hoop) constellation, with sites like Bear Butte (Mato Paha) and Wind Cave (Maka Oniye) aligning with celestial bodies. These sites are integral to Lakota origin stories, ceremonies, and identity, underscoring the inextricable link between the land and the people.
IV. Resource Extraction: Gold and Uranium
A. Gold Extraction
Gold mining in the Black Hills began in the late 19th century, with the Homestake Mine in Lead, South Dakota, becoming one of the world’s deepest and most productive gold mines. By 1971, South Dakota had produced approximately 34.7 million troy ounces of gold, with about 90% extracted from the Homestake Mine. At the 2008 average gold price of $871.96 per ounce, this production equates to a gross value of approximately $30.2 billion.
B. Uranium Extraction
Uranium mining commenced in the 1950s near Edgemont, South Dakota, with deposits primarily in the Inyan Kara Group sandstones. Between 1951 and 1964, mines in the region produced over 680,000 kilograms (approximately 1.5 million pounds) of yellowcake uranium. The economic valuation of this uranium extraction is complex due to historical price fluctuations and the lack of specific pricing data from that period.
V. Economic Valuation of Extracted Resources
Assigning a precise contemporary market value to the extracted resources is challenging due to historical price variations and the evolving economic context. However, using available data:
• Gold: 34.7 million ounces at 2008 prices ($871.96/ounce) yield approximately $30.2 billion.
• Uranium: 1.5 million pounds of yellowcake uranium’s value is indeterminate without specific historical pricing.
VI. Conclusion
The extraction of gold and uranium from the Black Hills has generated substantial economic value, primarily benefiting entities outside the Lakota community. Beyond economic considerations, these activities have led to environmental degradation and deepened the cultural loss experienced by the Lakota, for whom the Black Hills are sacred. This underscores the profound impact of resource extraction on Indigenous lands, highlighting the need for honoring treaty rights and protecting culturally significant sites.
VII. Recommendations
1. Honor Treaty Obligations: Recognize and uphold the Fort Laramie Treaties, ensuring the protection of Lakota lands and sovereignty.
2. Environmental Restoration: Implement comprehensive environmental remediation in areas affected by mining to restore ecological balance.
3. Cultural Preservation: Protect sacred sites within the Black Hills, integrating Lakota star knowledge into conservation efforts to maintain cultural heritage.
4. Economic Justice: Explore avenues for equitable economic opportunities for the Lakota, potentially through co-management of resources and revenue-sharing agreements.
Addressing these recommendations requires collaborative efforts between the U.S. government, the Lakota Nation, and other stakeholders to rectify historical injustices and promote a future of mutual respect and sustainability.
By Phil Two Eagle – Executive Director – Sicangu Lakota Treaty Council.
I. Introduction
The Lakota Oyate, part of the Oceti Sakowin Confederacy, were historically guaranteed extensive territories through the Fort Laramie Treaties of 1851 and 1868. These treaties recognized Lakota sovereignty over vast lands, including the Black Hills (Ȟe Sápa), a region of profound spiritual significance. Despite these agreements, the discovery of valuable minerals led to extensive resource extraction, notably gold and uranium, resulting in both economic and cultural ramifications for the Lakota people.
II. Historical and Legal Context
The 1868 Treaty of Fort Laramie established the Great Sioux Reservation, encompassing the Black Hills. However, following the discovery of gold in the 1870s, the U.S. government seized the Black Hills, violating the treaty. This action was later deemed unlawful by the U.S. Supreme Court in United States v. Sioux Nation of Indians (1980), acknowledging the land was taken without just compensation. The Court awarded monetary compensation, which the Lakota Nation refused, asserting that the Black Hills are sacred and not for sale.
III. Cultural Significance: Lakota Star Knowledge
The Black Hills hold immense spiritual value, embodying the Lakota’s celestial-terrestrial relationship. According to Lakota star knowledge, the Black Hills mirror the Čhaŋgléška Wakȟáŋ (Sacred Hoop) constellation, with sites like Bear Butte (Mato Paha) and Wind Cave (Maka Oniye) aligning with celestial bodies. These sites are integral to Lakota origin stories, ceremonies, and identity, underscoring the inextricable link between the land and the people.
IV. Resource Extraction: Gold and Uranium
A. Gold Extraction
Gold mining in the Black Hills began in the late 19th century, with the Homestake Mine in Lead, South Dakota, becoming one of the world’s deepest and most productive gold mines. By 1971, South Dakota had produced approximately 34.7 million troy ounces of gold, with about 90% extracted from the Homestake Mine. At the 2008 average gold price of $871.96 per ounce, this production equates to a gross value of approximately $30.2 billion.
B. Uranium Extraction
Uranium mining commenced in the 1950s near Edgemont, South Dakota, with deposits primarily in the Inyan Kara Group sandstones. Between 1951 and 1964, mines in the region produced over 680,000 kilograms (approximately 1.5 million pounds) of yellowcake uranium. The economic valuation of this uranium extraction is complex due to historical price fluctuations and the lack of specific pricing data from that period.
V. Economic Valuation of Extracted Resources
Assigning a precise contemporary market value to the extracted resources is challenging due to historical price variations and the evolving economic context. However, using available data:
• Gold: 34.7 million ounces at 2008 prices ($871.96/ounce) yield approximately $30.2 billion.
• Uranium: 1.5 million pounds of yellowcake uranium’s value is indeterminate without specific historical pricing.
VI. Conclusion
The extraction of gold and uranium from the Black Hills has generated substantial economic value, primarily benefiting entities outside the Lakota community. Beyond economic considerations, these activities have led to environmental degradation and deepened the cultural loss experienced by the Lakota, for whom the Black Hills are sacred. This underscores the profound impact of resource extraction on Indigenous lands, highlighting the need for honoring treaty rights and protecting culturally significant sites.
VII. Recommendations
1. Honor Treaty Obligations: Recognize and uphold the Fort Laramie Treaties, ensuring the protection of Lakota lands and sovereignty.
2. Environmental Restoration: Implement comprehensive environmental remediation in areas affected by mining to restore ecological balance.
3. Cultural Preservation: Protect sacred sites within the Black Hills, integrating Lakota star knowledge into conservation efforts to maintain cultural heritage.
4. Economic Justice: Explore avenues for equitable economic opportunities for the Lakota, potentially through co-management of resources and revenue-sharing agreements.
Addressing these recommendations requires collaborative efforts between the U.S. government, the Lakota Nation, and other stakeholders to rectify historical injustices and promote a future of mutual respect and sustainability.
Analysis of the Inherent Sovereignty of Treaty Councils of the Oceti Sakowin Oyate Under International Law
Legal and Human Rights Analysis: The Doctrine of Discovery, Federal Indian Law, and the Oceti Sakowin Treaty Councils
I. Introduction
The continued colonization of the Lakota Oyate (People) by the United States is rooted in legal and ideological structures designed to dismantle traditional Lakota governance, assert U.S. authority, and assimilate Native peoples. Central to this system is the Doctrine of Discovery and its codification in U.S. law, particularly in the Supreme Court decision Johnson v. McIntosh (1823). This legal framework, supported by the doctrines of dehumanization and plenary power, laid the groundwork for the development of Federal Indian Law—a system of control that has functioned as a legal form of slavery. In contrast, the Oceti Sakowin Treaty Councils uphold the legitimate traditional authority of the Lakota Nation and advocate for the enforcement of treaties signed in good faith by the Lakota Chiefs.
II. The Doctrine of Discovery and the Legal Foundation of Domination
The Doctrine of Discovery originated in 15th-century papal bulls and was embraced by European colonial powers. It declared that lands not occupied by Christians were "vacant" and subject to claim by Christian monarchies. This racist doctrine was adopted by the U.S. Supreme Court in Johnson v. McIntosh, which held that Indigenous Nations did not possess full legal title to their lands, only a right of occupancy subject to U.S. dominion.
This ruling became the legal cornerstone for Federal Indian Law and initiated a "domination code" that dehumanized Indigenous Nations and invalidated their sovereignty. Indigenous peoples were treated not as equals or partners in governance, but as wards of the federal government—subjects to be managed, relocated, or assimilated.
III. Plenary Power and Legalized Slavery Federal Indian Law
Bolstered by the notion of plenary power, grants Congress nearly total control over Indian affairs, often without the consent of Native Nations. This violates fundamental human rights and international standards of self-determination. It reduces Indigenous nations to political and legal subjects whose rights can be altered or erased at will. This system operates as a modern form of legal slavery by denying Indigenous peoples control over their land, governance, and identity.
IV. Treaty Making and the Authority of the Lakota Chiefs The Oceti Sakowin (Seven Council Fires)
They historically governed through consensus-based councils of Chiefs. These leaders, chosen through traditional protocols, held the spiritual and political authority to represent their Nations. It was these Chiefs who traveled to Fort Laramie in 1851 and again in 1868 to negotiate peace and land agreements with the United States.
The treaties were sealed with the smoking of the Chanunpa (Sacred Pipe), a ceremony invoking WakȟáŇ Tȟáņka (the Great Mystery) and affirming the spiritual and legal gravity of the agreements. These were not mere contracts—they were sacred covenants between sovereign nations.
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1851 Fort Laramie Treaty, Article VI: "The parties to the second part of this treaty having selected principals or head-chiefs for their respective nations, through whom all national business will hereafter be conducted, do hereby bind themselves to sustain said chiefs and their successors during good behavior."
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1868 Fort Laramie Treaty, Article II: "...The United States now solemnly agrees that no persons... shall ever be permitted to pass over, settle upon, or reside in the territory described in this article..."
These treaty provisions reaffirm the legitimacy of traditional leadership and the boundaries of Lakota territorial sovereignty.
V. The Oceti Sakowin Treaty Councils
Defenders of Sovereignty The Oceti Sakowin Treaty Councils are the modern-day successors of the original Chief Councils. Their role is to ensure the U.S. government upholds its treaty obligations. Unlike federally imposed tribal governments under the Indian Reorganization Act of 1934, Treaty Councils derive their legitimacy directly from the Lakota Oyate and traditional law.
These councils function as guardians of the spiritual and legal authority of the Lakota Nation. They challenge ongoing treaty violations, defend land rights, and resist assimilation policies disguised as development or governance reform.
VI. Colonization and Assimilation
An Ongoing Agenda Despite constitutional guarantees, the U.S. continues to violate the treaties. Assimilation policies persist through education, land management, economic dependency, and political marginalization of traditional governance structures. Federal recognition systems reward compliance with U.S. administrative models and ignore traditional treaty-based leadership.
VII. Constitutional and Legal Framework Article VI of the U.S. Constitution states
"All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land..."
This clause affirms that the 1851 and 1868 Fort Laramie Treaties are still legally binding. The United States is obligated under its own Constitution to uphold these treaties.
VIII. Conclusion
The domination code embedded in Federal Indian Law has served to colonize, assimilate, and dehumanize the Lakota people. The Doctrine of Discovery and Johnson v. McIntosh created the legal justification for land theft and governance suppression. Federal plenary power enforces this system through a form of legal slavery.
The Oceti Sakowin Treaty Councils stand as a living expression of the sovereign, spiritual, and legal authority of the Lakota Nation. Their mission is to demand that the United States honor the sacred treaties, respect traditional leadership, and acknowledge the Lakota’s inherent right to self-determination and governance under their own laws and customs.
Only by upholding these treaties—recognized as the supreme law of the land—can the U.S. begin to dismantle the colonial structure and move toward justice and reconciliation with the Lakota Oyate.