By Acee Agoyo
The Trump administration's "energy dominance" agenda is once again facing a reckoning on the legal front, in the political arena and in Indian Country.
Following a setback in federal court, the new leader of the
Department of the Interior is backing away from plans to exploit ancestral tribal lands in New Mexico. The concession came after
Secretary David Bernhardt visited the
Chaco Culture National Historical Park for the first time on Tuesday and learned about its importance to the Pueblo and Navajo peoples who have called the area home for centuries.
"I walked away with a greater sense of appreciation of the magnificent site managed by the National Park Service and a better understanding of the of tribal leaders’ views of its cultural significance,"
Bernhardt said in a statement distributed by the office of
Sen. Martin Heinrich (D-New Mexico).
Heinrich was one of the few Democrats who
voted to confirm Bernhardt as Secretary of the Interior last month despite questions about the
nominee's long-standing ties to the energy industry. A condition of his support was the visit to Chaco, located in the northwestern part of New Mexico, and a meeting with tribal officials.
"This is about listening to tribal leaders and all of the New Mexicans who are calling on us to preserve the integrity of Chaco’s irreplaceable resources and the sacred landscapes in this region for future generations," said Heinrich, who
serves on the Senate Energy and Natural Resources Committee, which exercises oversight over much of Interior's activities.
The committee's authority also includes setting policy on public lands like those around Chaco. Just two weeks ago, the panel took testimony on
S.1079, the Chaco Cultural Heritage Area Protection Act, a bill that would establish a buffer zone where energy development would be prohibited.
"This is about preserving our teachings and our way of life for Indigenous people," said
President Jonathan Nez of the
Navajo Nation, who was among the tribal leaders who met with Bernhardt and Heinrich on Tuesday.
The Navajo Nation and the
All Pueblo Council of Governors, which represents all 19 Pueblo tribes in New Mexico, are supporting S.1079. But the
Trump administration notably did not offer a position on the bill at a
May 14 hearing in Washington, D.C.
Bernhardt , however, said he has since directed the
Bureau of Land Management to take into account the proposed buffer zone around Chaco, as well as tribal concerns, before proceeding with any lease sales.
"We will take appropriate action to defer leasing within the 10 mile buffer during the next year, and we will respect the role of Congress under the property clause of the constitution to determine how particular lands held by the federal government should be managed," Bernhardt said.
Indianz.Com on SoudnCloud: 10th Circuit Court of Appeals - Dine Citizens Against Ruining Our Environment v. Bernhardt - March 18, 2019
Further study is needed because the
10th Circuit Court of Appeals on May 7 ruled that the BLM violated federal law by failing to take tribal and environmental opposition into account before approving drilling and fracking on public lands around Chaco. Navajo citizens who live in the area secured the decision less than two months after
oral argument. Environmental groups are also a part of the lawsuit.
“We always knew BLM wasn’t doing their job – we watch their violations and non-compliance every day,” said Kendra Pinto, who belongs to
Diné Citizens Against Ruining Our Environment, also known as
Diné CARE. “To finally be vindicated by a higher court is the necessary step forward we need. Now we must continue to hold BLM accountable.”
Though the lawsuit began during the Obama administration, Diné CARE, tribes and other groups have grown increasingly alarmed by the Trump administration's repeated attempts to allow drilling and fracking near Chaco despite unresolved questions about the impacts on cultural sites and the natural landscape. Since 2018, the BLM has twice proposed lease sales, only to pull them back amid tribal and political outcry.
The back and forth is one of the reasons why tribes are supporting S.1079, which would permanently protect an area where their ancestors built communities, held ceremonies and laid their loved ones to rest.
"This landscape is part of our past, our present and our future," J.
Michael Chavarria, the governor of the
Pueblo
of Santa Clara, one of the tribes with connections to Chaco, said after the bill was introduced last month.
"Until the area is permanently protected, we are living in a state of uncertainty and doubt," said Chavarria, who also serves as chairman of the
Eight Northern Indian Pueblos Council and vice chairman of the All Pueblo Council of Governors. "Our cultural sites and ancestral sites are put in danger every time the Bureau of Land Management engages in these sales because it encourages haphazard development."
During the Obama era, the BLM promised to work with the
Bureau of Indian Affairs and engage in outreach with tribes on what is known as a
Resource Management Plan for the area at issue. That process has yet to be completed.
Assistant Secretary for Indian
Affairs Tara Sweeney, whose nomination was delayed by conflict of interest
issues connected to her advocacy for energy development in Alaska, told the
Senate Committee on Indian Affairs last month that she will advocate for tribal interests during the drafting of that plan. At the same time, she fully embraced the Trump administration's energy priorities.
"Indian Country directly benefits from the administration's energy security initiative," Sweeney said in her oral statement on April 11. But her
written
testimony, which had been
delivered
late to the committee, used the words "energy
dominance initiative" instead.
"Let’s be clear: This sacred area should not be under constant threat,"
Sen. Tom Udall (D-New
Mexico), the sponsor of S.1079, said of the need to protect Chaco.
The Chaco Cultural Heritage Area Protection Act bars development on 316,076 acres of minerals owned by the federal government. It does not affect minerals owned by individual Indians or tribal governments, Udall said when he introduced the bill.
The Chaco Culture National Historical Park is a federal site that consists of nearly 34,000 acres. It is home to thousands of archaeological and cultural sites, including large and complex villages where the ancestors of tribes throughout the Southwest once lived.
Pueblo Bonito at Chaco
Culture National Historical Park in New Mexico. Photo: John
Fowler
Another 900,000 acres surrounding the park are considered sensitive but lack permanent protections. These lands are a mix of federal, tribal, state and private holdings.
Separate from the legislation and the lawsuit,
New
Mexico Land Commissioner Stephanie Garcia-Richard signed an
executive order to bar new development on state-owned lands around Chaco.
The order establishes a working group of tribal and environmental leaders to help guide policy in the area.
Placing a moratorium on new oil and gas leasing in the Greater Chaco Region is a huge
step forward in safeguarding archaeological and cultural resources of New Mexico’s
tribes, nations, and pueblos,” Garcia-Richard, who is
the first woman to win election to the post, said in a
press release.
Turtle Talk has posted briefs from the 10th Circuit case,
Diné Citizens Against Ruining Our Environment v. Bernhardt.
10th Circuit Court of Appeals Decision
Diné Citizens Against Ruining Our Environment v. Bernhardt (May 7, 2019)
The Executive Order on Chaco Canyon will protect 72,776 acres of the region from new oil and gas development. I will be...
Posted by New Mexico Land Office on Thursday, April 25, 2019
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