Generating Co-Management at Kasha Katuwe Tent Rocks National Monument,New Mexico

Collaborative planning theory and co-management paradigms promise conflict prevention and the incorporation of indigenous knowledge into plans. Critics argue that without devolved power to culturally legitimate institutions, indigenous perspectives are marginalized. Co-management practice in North America is largely limited to treaty-protected fish and wildlife because federal agencies cannot devolve land management authority. This paper explores why the Pueblo de Cochiti, a federally recognized American Indian Tribe, and the U.S. Bureau of Land Management sustained an rare joint management agreement for the Kasha-Katuwe Tent Rocks National Monument in New Mexico despite a history of conflict over federal control of customary tribal lands that discouraged the Pueblo from working with federal agencies. Based on the participant interviews and documents, the case suggests that clear agreements, management attitudes, and the direct representation of indigenous forms of government helped achieve presumed co-management benefits. However, parties enter these agreements strategically. We should study, not assume, participant goals in collaborative processes and co-management institutions and pay special attention to the opportunities and constraints of federal laws and institutional culture for collaborative resource management with tribal and local communities.     

Palaeoecology: A tool to improve the management of Australian estuaries

Addressing environmental problems in estuaries is a worldwide problem. Establishing benchmarks and targets for management is critical, whether the aim is conservation, restoration or sustainable use. Palaeoecological techniques have rapidly improved during the past decade, particularly with advances in methods that allow high resolution quantitative assessments of environmental change. Palaeoecology is a useful tool in environmental management as it allows pre-impact conditions, the rate, extent, direction and cause of change, and range of natural variability to be determined. Australian estuarine ecosystems are qualitatively different from the often more well-studied estuaries in North America and Europe, which means site-specific studies of Australian estuaries are needed to inform management. While a potentially useful and valuable tool, palaeoecological techniques have not yet been widely adopted and practically implemented as part of estuarine management strategies and policy frameworks in Australia.     

The diversification of the global mining equipment industry – Going new places?

This paper examines the profile of the global mining equipment supply industry, looking at the largest producers and consumers of mining equipment, tracking the changes in global flows of such equipment over the past decade. This paper shows that while the conventional producers of mining equipment (United States, Germany and Japan) have increased exports over the mining boom, the greater gain has been made by countries in the South (particularly China). The destination market for mining equipment has also begun to change, increasingly moving towards new mining sites (in Africa, East Asia and Latin America) and away from the traditional mining countries (Europe and North America). In SSA, China increasingly accounts for a rapidly growing share of mining equipment imports, but this trend is associated with the general increase in imports from China rather than China's resource specific engagement with SSA.     

Industry Agreement Acts and environmental management in Australia

In Australia many major developments are authorized by agreements negotiated between companies and the state government and ratified by Parliament as Agreement Acts The means by which these are negotiated and ratified, their terms, and their legal status are thus of great importance to Australian resource and environmental management These aspects are examined, revealing a lessening of the tendency to provide special rights and privileges and a trend towards the inclusion of more resource and environmental management provisions in the Acts It is argued that major developments require special conditions beyond the scope of general laws in order to control their social and environmental side effects, and that Agreements Acts could be a valuable means to this end Ways of improving them from this point of view are discussed     

“Horizontal” and “vertical” diffusion: The cumulative influence of Impact and Benefit Agreements (IBAs) on mining policy-production in New Caledonia

The scale, duration and intensity of conflicts over mineral resources vary greatly. However, they always involve, in varying proportions, the triad stakeholder model—corporation, state, community—each element of which is internally heterogeneous. Increasingly, new players are entering the scene: international non-governmental organizations (NGOs), environmental grassroots groups, indigenous transnational networks, international aid and development agencies. Nevertheless, conflicts and arrangements around access to and control over mineral resources can take the apparent form of dyadic relationships between companies and local communities, resulting in negotiated company-community agreements, often called “Impact and Benefit Agreements” (IBAs). In our analysis, local agreements on mineral resource governance are seen as building blocks in the production of mining policy “from below”, even though they seem at first sight to exclude the state. This paper argues that these agreements, and the negotiations surrounding them, inform debates around mining through both “horizontal diffusion” (influence on other localities facing similar situations) and “vertical diffusion” (influence on policy design and implementation at upper political and administrative levels). This diffusion may occur in a “positive” sense, effecting further change in line with the intent of the original agreement, or in a “negative” one, actually making substantive change less likely, whether at a community or policy level. We build this argument through two case studies from New Caledonia, in the south-west Pacific, where mining has long been a key issue, especially in the current context of “negotiated decolonization” launched by the 1998 Nouméa Accord.     

Trends in foreign investment : Agreements in the resources industry

Recent agreements between host country governments and foreign investors in the resource industries reflect an effort to meet the objectives of both parties. In some cases majority government ownership is combined with management control and the right of veto on certain policy questions by the foreign investor. Imaginative tax formulas are built into agreements that combine the principle of excess profits taxes with that of a minimum DCF rate of return. Expropriation risk is being limited by employing a high debt-equity ratio. Foreign investors are agreeing to programmes and policies that promote host country economic and social development, while host country governments are quaranteeing foreign investors against changes in laws that would affect their profits.     

Emerging trends in mining industry partnerships

The article analyzes mining company partnerships in terms of four main counterparts, namely: the sovereign, owners and financial backers, the workforce, and local communities. The main characteristics of mining partnerships under the four aspects are discussed. Taxation and financial aspects are also considered. Case studies from the British coal industry and examples from Latin America are part of the article. Downsizing and labour relations are also discussed, as well as indigenous peoples' issues. The article concludes that, successful minerals companies in the future will be those that work with communities, applying the highest standards of social responsibility. This includes safety, environmental management and good business ethics.     

Arctic Climate Impacts: Environmental Injustice in Canada and the United States

The current and projected future physical impacts of climate change are most extreme in the northern latitudes. The indigenous peoples in the North American arctic and sub-arctic rely on the availability of natural resources in mixed subsistence economies for nutritional and cultural survival and thus experience disproportionate burdens with respect to our changing climate. Arctic climate impacts exemplify how global phenomena and activities can significantly affect people locally in remote regions. These impacts are largely consistent throughout the region, irrespective of national boarders; however, indigenous peoples in Canada are better positioned than those in the United States to shape policy in a way that would ensure their adaptation to climate change. Political and industrial activity on national and global scales can have significant environmental, social and cultural repercussions on the local scale in remote areas. Remedies for environmental injustice will thus require strong cross-scale political and institutional linkages.     

Hamburgers and the Rainforest – a Review of Issues and Evidence

This paper examines the relationship between North American beef consumption and deforestation in South and Central America. Some writers have argued that consumption of hamburgers in North America, particularly hamburgers consumed in fast food restaurants, contributes to the depletion of the rainforest in South and Central America. We survey the published policy literature on the causes of rainforest depletion in the region. We also review the published estimates of the rate and extent of clearing of rainforest that has occurred in South and Central America since 1970. Finally, we review the data on beef imports and consumption in Canada and the United States in a effort to assess the importance of South and Central America as suppliers of beef to the North American market. We conclude that the relationship between beef consumption in North America should not be considered an important cause of forest depletion in South and Central America. Domestic policies and market forces in the countries where rainforests are located are the leading causes of rainforest depletion in this region. This lesson seems to have been lost on some popular and even some textbook writers on this subject. This revised version was published online in August 2006 with corrections to the Cover Date.     

Tribute chromite mining and environmental management on the northern Great Dyke of Zimbabwe

A combination of poor mining methods, waste storage and disposal systems, as well as the day-to-day activities associated with tribute and contract chromite mining are primarily responsible for environmental problems on the Zimbabwe Great Dyke. For instance, the unsystematic dumping of waste rocks in rivers blocks channels and results in flooding, which further sterilizes agricultural land and mineral resources. Erosion of these haphazardly located dumps causes siltation of water bodies and results in the dispersion of heavy metals in soils and watercourses. Vegetation growth on waste dumps is limited and constrained by the high pH levels from phytotoxic metals in soils, the lack of nutrients, poor moisture retention qualities of the mining waste and critical cation imbalances within dumps. This article attributes poor environmental management on the Dyke to poverty, a direct result of the nature of tribute agreements and output prices. Prices based on output targets are exploitative and undervalue labour and thus perpetuate poverty. By absolving claim holders from environmental liability, tribute agreements contribute directly to environmental problems. Thus, the incorporation of enforceable dual environmental responsibility requirements in contract mining agreements is needed to overcome this problem. This article recommends that, to break the poverty cycle, the primary cause of environmental mismanagement in the sector, miners need to be empowered through claim ownership and the enhancement of their capacity to negotiate prices with buyers of chrome.     

The mining industry and the natural environment

Environmental considerations have become central to future developments in the Australian mineral industry and have affected the level of federal involvement in the industry. The Environmental Impact Statement (EIS) is now an important stage in the assessment of proposed mining projects. This paper examines two major federally sponsored inquiries into Australian mining projects — Fraser Island sand-mining and the Ranger uranium project — and then discusses subsequent events and future prospects.     

Incorporating Indigenous Rights and Environmental Justice into Fishery Management: Comparing Policy Challenges and Potentials from Alaska and Hawaiʻi

Colonial processes including the dispossession of indigenous lands and resources and the development of Western management institutions to govern the use of culturally important fish resources have served in many ways to marginalize indigenous interests within the United States fisheries. In recent years, several US fishery institutions have begun to develop policies that can confront this colonial legacy by better accommodating indigenous perspectives and rights in fishery management practices. This paper analyzes two such policies: the 2005 community quota entity program in Alaska which permits rural communities (predominantly Alaska Native villages) to purchase and lease commercial halibut fishing privileges and the 1994 State of Hawai?i community-based subsistence fishing area (CBSFA) legislation through which Native Hawaiian communities can designate marine space near their community as CBSFAs and collaborate with the state of Hawai?i to manage those areas according to traditional Hawaiian practices. The analysis reveals a striking similarity between the trajectories of these two policies. While they both offered significant potential for incorporating indigenous rights and environmental justice into state or federal fishery management, they have so far largely failed to do so. Environmental managers can gain insights from the challenges and potentials of these two policies. In order to introduce meaningful change, environmental policies that incorporate indigenous rights and environmental justice require a commitment of financial and institutional support from natural resource agencies, a commitment from indigenous groups and communities to organize and develop capacity, and careful consideration of contextual and cultural factors in the design of the policy framework.     

Indigenous people and mineral taxation regimes

Indigenous people in a number of major mineral-producing countries have established a substantial and growing capacity to tax mineral resources extracted from their traditional lands. However, almost no analysis has been conducted regarding the conceptual and practical issues involved in designing mineral taxation regimes for use by indigenous people. The general literature on mineral taxation is of limited relevance because basic assumptions it makes regarding the nature of the taxing authority (national or state governments) do not apply to indigenous peoples. This article discusses some key characteristics of indigenous communities as they relate to taxation of mineral resources. Against this background, it identifies a number of approaches to mineral taxation which might be utilized by indigenous groups and which acknowledge the specific constraints and circumstances they face while at the same time recognizing their need to attract and maintain investment on their traditional lands. It also reviews the inter-relationship between indigenous and state or governmental tax regimes.     

Institutional reform in the Andean irrigation sector: Enabling policies for strengthening local rights and water management

For centuries, local and indigenous water rights and rules in the Andean region have been largely neglected and discriminated against. The process of undermining local communities’ water access and control rights continues up to today and not only is it headed by powerful local, national and international water‐use actors encroaching local rights — it is also a direct consequence of vertical State law and intervention practices, and the latest privatization policies. Recognition of and security for the diverse and dynamic local rights and management frameworks is crucial for improving rural livelihoods and even national food security in Andean countries. At the request of the Government of Ecuador — in which at that time the indigenous movement had its political participation — a research mission was organized to formulate a proposal for institutional reform, aiming at the strengthening of the national irrigation sector. In this article, some basic mission results are outlined and analyzed within the scope of four concepts (institutional viability, political democracy, equity, and water rights security), and practical elements for institutional reform are suggested, not only for the Ecuadorian irrigation sector but also other settings. The complementary roles of central Government, local governments and water user organizations in water resources management are emphasized as is the need to strengthen enabling legal and policy frameworks. The importance of translating constitutional recognition of local and indigenous rights and common property systems into practical procedures and institutional structures is also stressed.     

Small–scale mining in South Africa: Past, present and future

Mining is an important part of the South African economy and has been the driver of much of the economic development of the country. However, the small–scale mining subsector still has to realise its full potential. A small–scale mine has been defined as a mining activity employing less than 50 people and with an annual turnover of less than 7.5 million Rand and includes artisanal mines. Small–scale miners are involved in many commodities but there appears to be a bias towards gold, diamonds and quarrying for construction materials, including brickclays. Small–scale mining is regulated by the same legislation (i.e., for the environment, labour, mineral rights, exploration and mining permitting, and skills development) as large–scale mining, though compliance is low, particularly where artisanal mining in concerned. The effective participation of small–scale miners in the mining sector is hampered by their lack of skills, i.e., technical, business and management, and their limited access to mineral deposits, capital and markets. Some of these hindrances have been inherited from the imbalances of the colonial and apartheid eras and continue to act as barriers, making entrance to the industry difficult. For those who have entered the industry out of desperation, as is the case with most artisanal miners, their activities result in negative impacts evident in the inefficient, unsafe and environmentally unfriendly operations. With the advent of the new political dispensation in South Africa, a new era is dawning for the country’s small–scale mining subsector. This has resulted in a change of attitude and new government policies which have led to special programmes being put in place to promote the subsector. Intervention strategies for the support of small–scale mining (some of which are already in operation) include programmes for kickstarting mineral beneficiation and value–addition projects, development of appropriate technologies and skills and technology transfer. Proponents of small–scale mining see a well–regulated industry as being the cornerstone of future rural economic development, particularly for previously disadvantaged communities in the poverty nodes.     

“Just Another Hoop to Jump Through?” Using Environmental Laws and Processes to Protect Indigenous Rights

Protection of culturally important indigenous landscapes has become an increasingly important component of environmental management processes, for both companies and individuals striving to comply with environmental regulations, and for indigenous groups seeking stronger laws to support site protection and cultural/human rights. Given that indigenous stewardship of culturally important sites, species, and practices continues to be threatened or prohibited on lands out of indigenous ownership, this paper examines whether or not indigenous people can meaningfully apply mainstream environmental management laws and processes to achieve protection of traditional sites and associated stewardship activities. While environmental laws can provide a “back door” to protect traditional sites and practices, they are not made for this purpose, and, as such, require specific amendments to become more useful for indigenous practitioners. Acknowledging thoughtful critiques of the cultural incommensurability of environmental law with indigenous environmental stewardship of sacred sites, I interrogate the ability of four specific environmental laws and processes—the Uniform Conservation Easement Act; the National Environmental Policy Act and the California Environmental Quality Act; the Pacific Stewardship Council land divestiture process; and Senate Bill 18 (CA-2004)—to protect culturally important landscapes and practices. I offer suggestions for improving these laws and processes to make them more applicable to indigenous stewardship of traditional landscapes.     

Environmental and socioeconomic impacts of cobblestone quarries in Addis Ababa and implication for resource use efficiency,environmental quality,and sustainability of land after‐use

The extraction of construction material in Addis Ababa has been a source of public conflict for many years, especially in terms of quarry operation, displacement of people, rehabilitation of quarry sites, and land after‐use. One of the main reasons for the conflict has been the extraction sector's inability to adjust to the existing laws. This paper reports the findings of a study undertaken to assess the environmental and socioeconomic impacts of quarry mining in Addis Ababa, Ethiopia, and it prescribes interventions that can assist in mitigating the negative impacts of mining. Marked operational, environmental, and socioeconomic impacts have occurred as a result of cobblestone quarrying in Addis Ababa. Improvements in the mitigation of these impacts can be achieved if quarrying operations are planned prior to commencement; resource‐efficient and sustainable mining techniques are employed; stakeholder participation is enhanced; the government provides institutional, organizational, and technical support to the operators; regulations are improved and regulatory implementations receive strict follow‐up; and the provision of the Ethiopian constitution's regarding “rights to development” is respected.     

“In common nature”: an ethnography of climate adaptation in the Lesotho Highlands

In Lesotho, climate change adaptation funding is being managed and distributed by the same mechanisms which have traditionally operationalised humanitarian aid and international development assistance in the country. Lessons from the HIV/AIDS disaster, along with insights into the value of participatory approaches foregrounding the expertise of indigenous communities, must be heeded in order to ensure that those most affected by climate change have a say in how adaptation is carried out. This paper proposes that indigenous people have developed and actively maintained resilience strategies, encoded in social practices and farming techniques, designed out of long experience with climatic variability. Through case studies, indigenous resilience strategies are explored, with emphasis on the anarchistic, improvisational nature of traditional ecological knowledge. Future directions for policy-makers and practitioners dealing with climate change adaptation are suggested, namely the need to foreground indigenous knowledge and the experiences of frontlines experts in key policy arenas.     

The case for regulating intragenic GMOs

This paper discusses the ethical and regulatory issues raised by “intragenics” – organisms that have been genetically modified using gene technologies, but that do not contain DNA from another species. Considering the rapid development of knowledge about gene regulation and genomics, we anticipate rapid advances in intragenic methods. Of regulatory systems developed to govern genetically modified organisms (GMOs) in North America, Europe, Australia, and New Zealand, the Australian system stands out in explicitly excluding intragenics from regulation. European systems are also under pressure to exclude intragenics from regulation. We evaluate recent arguments that intragenics are safer and more morally acceptable than transgenic organisms, and more acceptable to the public, which might be thought to justify a lower standard of regulation. We argue that the exemption of intragenics from regulation is not justified, and that there may be significant environmental risks associated with them. We conclude that intragenics should be subject to the same standard of regulation as other GMOs.     

Some observations on copper yields and ore grades

The paper examines trends in the average copper content of mined ores over the years. It has tended to decline over the long term, but by no means evenly. US averages are not typical of global averages, at least in the past four decades. Those have been both higher, and less volatile than in the US. One reason for falling averages is a change in the type of deposit mined, with a rise in the share of relatively low grade porphyry deposits. The different nature of their deposits is reflected in marked differences in grades between the different continents. African and Australian average grades are higher than the global average, and changes in the share of Central Africa in global output have affected the global average grade. Yields are have been consistently lower in North America than elsewhere, and Latin American average grades have trended downwards, reflecting both the ageing of mines and the rising share of production from porphyry deposits. Typically the yield of mines declines over time as mining proceeds. The average copper content of ore deposits is usually below the average yield of the ore accessed in the early years of production. The initial grades of new mines have not declined over the past forty years, and there has been no perceptible tendency for the average grade of porphyry deposits brought into production to decline over time. There is no apparent correlation between average grade and deposit size, but mine operators tend to exploit economies of scale to offset low grades. The relationship between the annual percentage yields (the head grade) and the reserve grades of deposits is not static. In recent years head grades have fallen closer to reserve grades. The relationship may be affected by movements in metal prices. Although the evidence about the influence of prices is not clear-cut, it does suggest that prices and cut-off grades may be inversely related. As many ores contain other valuable metals besides copper, copper yields will sometimes be subordinated to the extraction of these other metals. Copper equivalent grades have not moved in the same way as copper grades alone.