Chaco Cultural Heritage Area Protection Act of 2019
Floor Speech
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Mr. LUJAN. Mr. Chairman, my colleague from Arizona (Mr. Gosar) in the previous debate, had some incredible charts that he was displaying. In it, he proclaimed: The rocks shall set you free.
I was born and raised, and my faith taught me, that the truth shall set you free, Mr. Chairman. I was also taught that people are entitled to their own opinions, Mr. Chairman, but not their own facts.
If my colleague from Arizona participated in those hearings, as he said he did, he heard the witnesses from the Bureau of Land Management, the witness from the Bureau of Land Management in this direct question about the rights of Navajo allottees being taken away.
Some of my Republican colleagues will argue that protecting Chaco will impact the Navajo allottees' right to develop valid rights. This is blatantly false.
Let the silence sit in. It is false.
The Bureau of Land Management testified before Congress and said that this legislation ``would not affect Tribal interests or allottees.''
Mr. Chairman, it is critically important that we have a conversation about the importance of protecting Chaco. While we have taken steps to defend Chaco, Chaco is at risk of being hurt, of being desecrated, of being destroyed. That is why we have come together.
I would invite my colleague to join us and visit Chaco, visit with the elders, the women who are there, the children who are in proximity of those fumes that my colleague, the chairwoman, Deb Haaland from New Mexico, was able to describe, where you don't just smell the methane; technology today allows you to see those plumes move into people's homes.
This legislation, Mr. Chairman, is very clear. It puts in place a practice by the Bureau of Land Management. It takes out of production Federal land.
The lies need to stop about telling our Navajo brothers and sisters who are allottees that this will hurt their access to those lands, that this will restrict access to those lands.
As a matter of fact, Mr. Chairman, just to be thorough, an amendment that I will offer later today will make it even more clear that this, in fact, is only about taking BLM land out of production.
Mr. Chairman, with all the work that we have left to do with us, this is a piece of legislation supported by the New Mexico delegation, something that, based on the amendment that my colleague from Arizona (Mr. Gosar) just offered, might understand. It is supported by myself; the Representative from the district, Congresswoman Deb Haaland, one of the first two Native American women elected to the Congress--and you heard the passion in her voice; she is carrying the weight of her ancestors on her shoulders as she debates the fight to protect this sacred land--Congresswoman Torres Small, U.S. Senator Martin Heinrich, U.S. Senator Tom Udall, the Governor of the State of New Mexico, and the Commissioner of Public Lands.
If you need a longer list of elected leaders from New Mexico who support this bill, I can make it available.
Let's work together, Mr. Chairman.
And the last thing I will say is that I am very proud that this legislation will pass with bipartisan support. Pray on it. Think about where our loved ones have been laid to rest. We wouldn't want those grave sites being desecrated. We don't want this sacred site being desecrated either.
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Mr. LUJAN. Will the gentleman yield?
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Mr. LUJAN. Has the gentleman read the bill?
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Mr. LUJAN. If the gentleman read the bill, he would see that the text has made very clear this takes Bureau of Land Management land out, not allottee land; and if the gentleman would review the clarifying amendment, he would also see that, as well.
So don't just take my word for it, look at the text and look at the advice of your staff.
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Mr. LUJAN. Mr. Chair, I simply want to respond to my colleague that was just speaking.
This area is within those exterior boundaries of the archeological sites and findings and indigenous lands that we referred to as Chaco.
I would invite my colleague to come out to New Mexico. I will take the gentleman out there. Congresswoman Debra Haaland would love to host the gentleman.
My colleague from the other side of the aisle brought up this notion that this development is subject to Federal law.
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Mr. LUJAN. If the gentleman would take a moment and go to the NOAA website, the gentleman would see that New Mexico has two methane clouds over it. We have the two worst methane emissions of anywhere in the country, even though we don't have the most oil and gas production.
I am sorry my colleague is not able to stay for this debate.
Mr. Chairman, right now, there is a theft taking place to U.S. taxpayers because there is intentional leaking of methane that is taking place. You can see it.
There is technology, now, that allows you not just to--when you are out there, Mr. Chairman, you can smell it. But the technology now lets you see these plumes going into people's homes who live right there.
Let's find a way to be smart about this. I agree with that. But there are places we have to protect, and this is one of them.
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Mr. LUJAN. Will the gentleman yield?
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Mr. LUJAN. Would it surprise the gentleman from Arizona that they are actually using duct tape to try to seal leaks from methane plumes in New Mexico? Does the gentleman think that is allowed?
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Mr. LUJAN. Mr. Chair, I think the gentleman and I may actually be able to find some common ground.
There are available technologies today--as the gentleman may know, being in tune with modern technology associated with oil and gas exploration--that can identify leaks, can prevent those leaks, and actually can eliminate intentional flaring, but first you have to find them and you have to seal those leaks.
Mr. Chair, I would be happy to work with the gentleman to identify a funding stream so that we can identify every methane leak across America, seal every leak, and prevent intentional methane flaring.
I think there is some common ground we can work on, because this is all about compromise, and this may be an area that--the gentleman, Mr. Gosar, someone I respect--we might be able to find some common ground.
We will take the gentleman out to New Mexico. We will put the gentleman's eyes on that camera where the gentleman can see the plumes moving. And while they may try to fix it temporarily with duct tape-- sometimes on the farm we do it with baling wire, as the gentleman knows--we should use real technology, eliminate those leaks, eliminate those plumes, and actually make it illegal to intentionally flare. Let's find common ground on that.
Does the gentleman know why they flare the methane? That is stealing from taxpayers.
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Mr. LUJAN. Will the gentleman yield?
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Mr. LUJAN. Mr. Chairman, I appreciate the gentleman yielding, because one of the resolutions from the two chapters was raised, and think it was raised by the gentleman as well, so I just wanted to make sure we had a chance to review that.
So if that resolution is reviewed, if the gentleman would look at paragraph 4, which is where the concern that was brought up by the allottees to the very distinguished and honorable chapter leaders was raised, what it says is this: ``Navajo allotment landowners expressed their concerns that the `Chaco Cultural Heritage Area Protection Act of 2018:' might infringe on their royalty payments they are presently benefitting from oil and gas development on their allotment lands. Navajo communities, including the Navajo Reservation, has always been in a very depressed economic state for many years and such development of natural resources gives Navajo families benefits to their daily lives.''
The Bureau of Land Management did provide assurance that there would be no impact to those royalty payments.
So to answer the question of might infringe, the Department of the Interior and the Bureau of Land Management have said absolutely not would there be any infringement. So I appreciate the gentleman's time, and I appreciate the clarification.
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Mr. LUJAN. Mr. Chairman, I am optimistic that this amendment may even pass on a voice vote because I have been listening closely to my colleagues on the other side of the aisle about the importance of providing clarifying language to ensure that we are able to make sure that we are meeting the goals that we have laid out.
So I am hopeful, Mr. Chairman, that this may be a short debate, but one that will definitely pass and make sure that we are embracing both sides of the aisle.
Mr. Chairman, this simple amendment would further clarify that this proposal only withdraws Federal resources. The withdrawal in H.R. 2181 would not impact nor remove valid existing rights. This includes any lands and minerals owned by a Tribe or a member of a Tribe, including allotment land, and it will include any valid rights to lands or minerals held by the State of New Mexico.
I introduced this bill to prevent further encroachment of Federal oil and gas development on the sacred sites of the greater Chaco Canyon region. These sites have withstood the test of time, 800 A.D. They have stood for thousands of years and give us a window into the past.
Yet, every year, oil and gas development on Federal lands inch closer and closer, threatening these sites and thousands of ancient artifacts within the region. The Chaco Culture National Historical Park has significant religious, cultural, and archaeological value to the original peoples of the Southwest.
Under this administration, Chaco does continue to face greater threats. Under the Trump administration, the BLM has proposed to sell leases near Chaco Canyon three times since March 2018. But I will also give some credit to the administration. Each time, under the Trump administration, the sales were withdrawn by the BLM under the Department of the Interior after pushback from the Native American communities. And each time, the administration promised meaningful consultation, which is living up to our trust responsibility, something that I shared with my colleague on the other side of the aisle. Sadly, the meaningful consultation never took place, yet the leases were up again for sale only months later.
It is time for Congress to heed the interest of the communities across New Mexico that want to see the site protected and withdraw the Federal lands and minerals across Chaco Canyon.
As you have seen and heard, 90 percent of the San Juan Basin is already open to drilling. Oil and gas rights are not under threat here.
I understand that concerns have been raised by allottees who worry this bill will impact their ability to develop their rights. But as I said earlier, the bill clearly protects them.
If my colleagues have any concerns, this amendment provides further clarifying language to ensure that those protections are very clear.
This proposal will not impact anyone's ability to develop their valid rights, including Navajo allottees. This amendment makes it clear that the legislation only affects Federal Government land and minerals owned.
Let's be clear: My legislation supports the interests of Tribes and their sovereignty. H.R. 2181 is well-supported by Native American communities. The proposal has received the support of the All Pueblo Council of Governors representing 20 Pueblos and the Navajo Nation.
Leaders were at the table for every step of this process, helping to decide how these resources should be protected. I will forever remember the conversations I had with Navajo elders and children who continue to share their concerns associated with protecting the sacred site.
I will just close, Mr. Chairman, by reminding us once again that when we lay our loved ones to rest, we will do everything we can to protect those sacred sites. This weekend, I found myself next to the Nambe Church in the community where I live, half a mile away from where I rest my head, remembering those who have fallen, cleaning those sites, pulling up the weeds, raking the ground, paying my respects. I can't imagine how my mom or I would feel if those places would be desecrated.
That is all that we are asking. Let's come together. Let's protect these sacred sites. Let's do it together.
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Mr. LUJAN. Mr. Chairman, just to close, I very much appreciate the attention that was brought to section 6 of the amendment, which very clearly states that nothing in this act, number one, affects the mineral rights of an Indian Tribe or member of an Indian Tribe to trust land or allotment land; or, number two, precludes improvements to or rights-of-way for water, power, or road development under Federal lands to assist communities adjacent to or in the vicinity of the Federal land.
I very much respect my colleague and the former chair of the committee, Mr. Bishop, and Mr. Gosar, and I look forward to continuing to work with them.
Mr. Chair, I yield back the balance of my time.
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Mr. LUJAN. Mr. Chairman, I claim the time in opposition to the amendment.
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Mr. LUJAN. Mr. Chairman, there is a little bit of irony on this amendment that, again, I can't overlook, and we raised it a little bit earlier.
The previous debate, which was around protecting the Grand Canyon, included an argument from my colleague that there should be some support for the Member whose district that we were debating.
Earlier, the gentleman from Arizona offered an amendment to an Arizona public lands bill that would have removed the lands in his district from the bill. Yet here we have a bill in New Mexico, in the Third Congressional District that I so proudly represent, which is supported by the Governor of the State of New Mexico and by the entire New Mexico delegation, and the gentleman from Arizona is still trying to make those changes--changes, I would offer, that don't make a bit of difference when it comes to the substantive side of the bill.
This amendment would not improve the bill. In fact, it would make it harder for Tribal communities to protect the lands this bill was intended to preserve.
The gentleman claims that he wants to ensure the State has access to the lands in the withdrawal zone so that they can potentially earn revenue on these lands.
Well, there is something that has happened in the State of New Mexico over the last many years. In New Mexico, the State Land Office, which has jurisdiction over these lands, has placed a moratorium on these lands within the buffer zone because the State recognizes the importance of protecting Chaco Canyon.
It is important that Congress do the same. We need to recognize that the importance of these sacred homelands does not end at the boundaries of the Chaco Culture National Historical Park, a claim that was falsely made by my colleagues earlier today.
The entire greater Chaco region contains discovered and undiscovered cultural resources important to Pueblo communities, to Tribal communities, to our brothers and sisters who have a connection to this region. We need to create this protection zone to ensure that these resources are not disturbed or destroyed by future oil and gas exploration on Federal lands.
As my colleagues have noted, even Secretary Bernhardt agrees with this sentiment. That is the Secretary of the Interior under the Trump administration. That is why he and the administration worked with U.S. Senator of New Mexico Martin Heinrich to agree to a 1-year withdrawal around the Chaco region to allow Congress to act on these protections for these sites.
So I want to thank my colleagues for taking the initiative to act within the allotted time that was given to us by the Secretary of the Interior.
This amendment ignores the importance of these resources, ignores the desires of the State, and would make it harder for Native communities to protect their lands.
Mr. Chairman, I thank my colleagues for the time today. I encourage my colleagues to oppose this amendment, but I hope to continue to work with my colleagues in the Congress so we can get to adoption of this important legislation with as strong a bipartisan vote as possible.
Mr. Chairman, I yield back the balance of my time.
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Mr. LUJAN. Mr. Chairman, I listened closely to the words of my colleague on the other side of the aisle and, Mr. Chairman, he said something that matters very much to me as well: That New Mexico knows best. New Mexico knows best.
The governor of the State of New Mexico, the State land commissioner, the entire delegation supports this legislation. So I am hoping we will earn the vote of my colleague from the other side of the aisle on final adoption, so he can join with the good people of New Mexico and support the bill.
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