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After the tribes and pueblos in the area applied pressure, Sec. David Bernhardt announced the U.S. Department of Interior would extend the public comment period on a proposal to allow fracking near Chaco Canyon in New Mexico. It is a concession to the tribes hoping to keep intact a ban on oil and gas drilling on federal land within 10 miles of the historic and spiritual site. The buffer zone moratorium expires this year.
Guests:
Julia Bernal (Sandia Pueblo, Yuchi and Creek) – environmental justice director for Pueblo Action Alliance
Mario Atencio (Navajo Nation) – board member of Dine C.A.R.E
Break 1 music: Woman’s Song (song) Joanne Shenandoah (artist) Sounds Of Indian Summer: Contemporary Native Music From The National Museum Of The American Indian (album)
Break 2 music: Bethel Sessions Begin (song) RiverFlowz (artist) RiverFlowz Rural Recordings Malruk (album)
Submitted as a Private Individual:
As the lead federal agency in this process, the Bureau of Land Management (BLM) has the responsibility to conduct Section 106 consultation with the Tribes. The National Historic Preservation Act (NHPA) requires in Section 101(d)(6)(B), that the agency official must consult with any Indian Tribe that attaches religious and cultural significance to historic properties that may be affected by an undertaking. This requirement applies regardless of the location of the historic property. Virtual public meetings are not Section 106 consultation. Section 106 consultation is conducted on a government-to-government basis. The Tribes are not the Public. The BLM still has the obligation to fulfill their Section 106 responsibilities to the affected Tribes to comply with the NHPA. As reiteration to the BLM, the Navajo Nation and all the Pueblo Tribes identify Chaco Canyon as a Traditional Cultural Property as defined in Bulletin 38 (National Register Bulletin 38, Guidelines for Evaluating and Documenting Traditional Cultural Properties; 1990 Revised 1992; 1998).
The Navajo Nation, the Hopi Tribe, the Zuni Pueblo, the Pueblo of Acoma, the Pueblo of Isleta, the Pueblo of Jemez, the Pueblo of Laguna, the Pueblo of Pojoaque, the Pueblo of San Felipe, the Pueblo of San Ildefonso, the Pueblo of Santa Ana, the Pueblo of Santa Clara, the Pueblo of Tesuque, the Pueblo of Zia, the Jicarilla Apache Nation, and the Mescalero Apache Tribe all have Tribal Historic Preservation Officers whom have significant concern regarding this BLM undertaking. We all have the responsibility to speak for our Ancestors and to protect them to the best of our abilities. The Covid-19 pandemic has significantly limited Tribal ability to respond to Section 106 consultations. Yet the BLM and other Federal Agencies continue to pursue their objectives, disregarding their consultation requirements to the Tribes. It is not difficult to conclude that this is a dishonest and deceitful process that the BLM is following to achieve their goals to approve fracking and new mineral leases at Chaco Canyon and the surrounding landscape.
The Advisory Council on Historic Preservation (ACHP) has recognized the adverse effect of the Covid-19 pandemic. The ACHP advises that “Section 106 deadlines for the response of State and Tribal Historic Preservation Officers, and Indian tribes and Native Hawaiian organizations (NHOs) that attach religious and cultural significance to historic properties affected by the undertaking, regardless of its location (collectively, states/tribes/NHOs), will be considered paused, due to the COVID-19 outbreak, an office is closed or work conditions are such that the states/tribes/NHOs are unable to carry out their Section 106 duties or statutory rights to consultation in a timely fashion …” The ACHP advises that Section 106 deadlines have been “paused” for the time being.
While the proposed management plan appears to still be a draft document, there is no indication that continuing Section 106 consultation is occurring. Again, I emphasize that virtual public meetings are not Section 106 consultation. The BLM is still required to conduct Section 106 consultation with the Tribes on a government-to-government basis. While the “public” comment period may have been extended to September 25, 2020, Section 106 consultation does not stop and Section 106 consultation is a continual process. It appears that sooner, rather than later, the Tribes will have the capabilities to respond to this undertaking in a timely manner. The BLM undertaking planning process should not be allowed to continue until the Tribes have been properly consulted.