Aiding Employment and the Environment on Tribal Lands: An Analysis of Hiring Preferences and Their Use in the Mining Industry

Abstract

This Note analyzes hiring preferences on tribal lands in the mining industry within the United States and particularly in the State of Arizona, which has a relatively high number of both mines and federally recognized tribes. Arizona has its own robust history and case law on hiring preferences in the mining industry for tribal members. This Note asserts the efficacy of hiring preferences in increasing employment and improving economies on tribal lands and explains how hiring preferences can be of use moving forward. To establish context, this Note introduces the history of tribal relations regarding land with the federal government, covers the history and current state of mining on tribal lands, and analyzes how hiring preferences are set in a lease or tribal government document. Then, the constitutionality of hiring preferences (particularly regarding the Civil Rights Act of 1964) is addressed, along with how tribal constitutions and enactments alike interpret and apply such hiring preferences. This Note also looks at hiring preferences thus far from statistical and economic perspectives. Finally, this Note predicts how hiring preferences might benefit tribes moving forward, particularly with expanding sustainable development and renewable energy.