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[276] People of Red Mountain wrote to BLM to request consultation only after BLM had issued its record of decision for the mine.[277] The Court also denied RSIC and BPTs claims, ruling in February 2023 that BLMs decision not to consult the Tribes was reasonable and made in good faith.[278] The court referenced BLMs prior dealings with both Tribes that, according to BLM, had suggested neither Tribe attached significant religious or cultural significance to the Thacker Pass area.[279] The Ninth Circuit Court of Appeals affirmed this decision as it pertained to the Burns Paiute Tribe, on July 17, 2023, concluding, [t]here was no evidence before the BLM that suggested that the Burns Paiute Tribe attached religious or cultural significance to sites in the Project Area.[280] As noted previously, in response to a submission to BLM by RSIC, BLM is engaged in some further reviews of whether Peehee Muhuh is a traditional cultural district.[281] BLM and the federal courts maintain that these ongoing reviews do not affect the record of decision or the permits for the mine.[282] As of October 31, 2024, there was no publicly available information indicating BLM had submitted information to the Keeper of the National Register of Historic Places so that an official determination could be made about Thacker Passs eligibility for the National Register.[283] The ACHP has also criticized the Department of Energys decision of no adverse effect required by section 106 of the NHPA to issue its loan and advises the DOE to work with BLM to revise the Historic Properties Treatment Plan.[284] Winnemucca Indian Colony (WIC) WIC, another of the Tribes contacted by BLM during the EIS process, filed a motion in February 2022 to join the case against the mine involving PRM, local ranchers, environmental groups, and two Tribes, the Reno-Sparks Indian Colony and Burns Paiute Tribe.[285] WICs arguments included that the BLM had failed to adequately consult with the Tribe about the mines impact on historic properties, as required by the NHPA.[286] WICs filing noted the importance of Peehee Muhuh to the religious and cultural practices of the Tribe and stated: To build the Thacker Pass Lithium Mine on lands held sacred to Colony members would be like raping the earth and their culture.[287] WIC alleged that BLM had not contacted the Tribes government prior to issuing its record of decision and that, in any case, mere contact with a Tribal government is not sufficient to meet the consultation requirements of the NHPA.[288] The complaint also cited BLMs own policies stating: [S]ending a letter to a Tribe and receiving no response does not constitute a sufficient effort to initiate tribal consultation.[289] WICs chairman Judy Rojo stated in a written statement in support of the motion that the BLM had not consulted the Tribe about the project.[290] Rojo said that, if her Tribe had in fact been given reasonable opportunity to participate in the resolution of adverse effects to historic properties in Thacker Pass/Pehee Muhuh, the Colony would have helped: [T]he BLM understand that gouging seven, 40-meter long, several-meter-deep trenches and hand-digging as many as 525 holes into land hallowed by the massacre of our ancestors and where we observe religious ceremonies severely disrespects our culture and traditions, causes us extremely emotional and spiritual distress, and is a desecration of the worst kind.[291] The District Court in March 2022 denied WICs motion to join the case, primarily relying on its conclusion that the Tribe had waited too long to intervene.[292] The court said the interests of other parties, most notably Lithium Nevada, would be prejudiced if the court permitted WIC to intervene.[293] Summit Lake Paiute Tribe (SLPT) The Summit Lake Paiute Tribe (SLPT) filed a complaint in federal court in February 2023, alleging inadequate consultation during the permitting process.[294] The Tribes complaint described Thacker Pass as a singularly powerful spiritual place blessed by the presence of their ancestors.[295] It also underscored the connection between Thacker Pass and the 1865 massacre, stating that Tribes regularly gather in Thacker Pass to commemorate and pray for their ancestors killed in the 1865 massacre and another pre-colonial massacre.[296] The complaint alleged BLM did not discuss the [mine] with the tribe before approving the mine.[297] The complaint also highlighted that BLM did not meet with any Tribes to discuss the project during the Thacker Pass NEPA process.[298] Lithium Americas/Nevada intervened in the case as a defendant
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