Good mornning Edgy, my friend. An interesting observation.
The gov'ts feeling and attitude in Mexico is that while the land owners do not have the mineral rights, which belong soley to the Country, this may be the only chance for the small land holder to ever make any money. So they insist upon an arrangement between the temp mineral rights holder and the local land holder. It is allowed to vary somewhat, but has a min base, but with govt oversight, if necessary..
This was established because in the past some mining companies, may I mention Canadian??, took advantage of the relatively uneducated residents to literally cheat them out of any possible benifit for the lands being taken out of production for mining, roads, drilling, and associated facilities.
Naturally it has been taken advantage of by both sides, but in general it has worked out.
However, it does not include tribes as 'such', except when upon 'that' tribes legal lands.
As an example, I lived with the Yaqui for perhaps 5 years studying them etc. One day the governors approached me a bit agitated in that the gov't was pushing their land boundries back, reducing their land holdngs based upon an official govt map which supposedly they had been given a copy of. But the gov't knew that the Yaquis had misplaced their map and so coudn't legally prove otherwise. The gov't refused to give them a new one - politics as usual
I remembered a huge book on the Yaqui campaign of1906 that I had recently seen in the Palacio at Alamos. In it a Col had done a magnificent work on maps. These maps were used to establish the boundries of the tribal lands. in that period.
I managed to get a certified copy of the maps and gave them to the Yaquis. They were extatic since the lost map had already reduced their lands considerably. They promptly sent off a delagation to Mexico city where the gov't had a double case of red face. They agreed that the treaty of 1930's was not legal, based upon incorrect maps, and agreed that the Yaquis had a case.
But the problem was that their claim could now include about 1/3 of Obregon, a modern industrial city, and many large ranches. The gov't compromised by givng them land outside their present holdings and built an irrigation system for them as well as permanently establishing the tribal land boundries..
To a point this was done because I am just a nice guy, however---the central range of mts in the land holds many very very rich minerals structures. I had my eye on them. they did show me several and allowed me free access and travel. In one mine which they closed off in the 30's, there are still some 30 Mexican mners inside that they killed then collapsed the portal hiding it very effectively.
I know of 6, but sniff, sigh, to work in the Bacatetes one must receive permission from each of the 7 Governors of the tribe, as well as from the Mexican gov't. They are 'never' in agreement, but if they ever are, they just might be added to our companies folio. Fast, easy access in the flat lands effectively with plenty of good labor and two major industrial cities only 30 miles away. Of course a rr runs just inside of the tribal lands.
Shall we diversify?
In Mexico the law leans on the small man's side and rights to a point. Basically, as I said, it is the pore, badly educated, native against the highly skilled legal staff of the big heartless mining companies which can well afford to give a small part to the lonely Indian. However, this is slowly giving way to the modern belief of developing mining for the good of ALL.
Don Jose de La Mancha ( a nice guy ??)
I managed to get a ertieid copy for the yaquie
I did a bit of research and remembere da Huge military book onthe campain against the Yaqui in aout 1906 in which ther was an official Gov't / militeery map bya Cl. showing very clearly wher the boundreis wer and the town
