Bears Ears Opponents Distorting Truth About Tribal Access to National Monuments

Jul 20, 2016

By Center for Western Priorities

This week Interior Secretary Sally Jewell and several senior Obama administration officials traveled to Bluff, Utah where they heard from thousands of people about the need to protect the Bears Ears region, a scenic area of southeastern Utah home to an estimated 100,000 archaeological sites that are threatened by looting and vandalism. A coalition of five Native American tribes has asked the president to protect this region as a national monument.

Opponents of the Bears Ears National Monument proposal often say that such a designation would prohibit Native American tribes from traditional practices, such as gathering firewood and conducting tribal ceremonies. However, President Obama has shown a consistent track record of consulting with tribes and ensuring tribal members have access to national monuments for traditional practices. A brief examination of this president’s proclamations designating national monuments in the West shows that opponents are simply resorting to scare tactics.

In September 2012, President Obama designated the Chimney Rock National Monument in southwestern Colorado, an area of rock spires that was home to one of the largest Ancestral Pueblo communities from 900-1150 AD. This site is sacred to modern Pueblo tribes and communities. The presidential proclamation designating the Chimney Rock National Monument required the administration to develop a management plan for the monument. According to the proclamation,

“The plan will protect and preserve access by tribal members for traditional cultural, spiritual, and food and medicine gathering purposes, consistent with the purposes of the monument, to the maximum extent permitted by law.”

Further, “Nothing in this proclamation shall be deemed to enlarge or diminish the rights of any Indian tribe.”

In March 2013, the president designated the Rio Grande del Norte National Monument in northern New Mexico. This rocky landscape carved by the Rio Grande has historically been occupied by several tribes and contains a wealth of rock art and archaeological sites. The presidential proclamation designating the Rio Grande del Norte National Monument noted:

“Nothing in this proclamation shall be deemed to enlarge or diminish the rights of any Indian tribe or pueblo. The Secretary shall, in consultation with Indian tribes, ensure the protection of religious and cultural sites in the monument and provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with the American Indian Religious Freedom Act (92 Stat. 469, 42 U.S.C. 1996) and Executive Order 13007 of May 24, 1996 (Indian Sacred Sites).”

Additionally, “Nothing in this proclamation shall be construed to preclude the traditional collection of firewood and pi√±on nuts in the monument for personal non-commercial use consistent with the purposes of this proclamation.”

In May 2014, President Obama designated the Organ Mountains-Desert Peaks National Monument. This archaeologically-rich area of southern New Mexico has long been inhabited by Native Americans, with some artifacts dating back to 10,000 years ago. The presidential proclamation establishing the Organ Mountains-Desert Peaks National Monument also contained the following language:

“Nothing in this proclamation shall be deemed to enlarge or diminish the rights of any Indian tribe or pueblo. The Secretary shall, in consultation with Indian tribes, ensure the protection of religious and cultural sites in the monument and provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with the American Indian Religious Freedom Act (92 Stat. 469, 42 U.S.C. 1996) and Executive Order 13007 of May 24, 1996 (Indian Sacred Sites).”

In July 2015, the president designated the Berryessa Snow Mountain National Monument in northern California. This mountainous area has been inhabited by Native Americans for more than 11,000 years and roughly two dozen tribes consider the area significant. Similar to previous monuments, the presidential proclamation establishing the national monument required the administration to consult with tribal governments when creating a management plan and included identical language to that in previous monument designations ensuring tribal members would retain access to the area for traditional and customary uses.

Most recently, in February 2016, the president designated three national monuments in southern California’s Mojave and Sonoran deserts. This area has been occupied by numerous tribes and is home to a wealth of artifacts and cultural sites. In designating the Castle Mountains, Mojave Trails, and Sand to Snow National Monuments, once again the proclamations all included identical protections ensuring tribal access to the monuments for traditional and customary uses.

As vandals and looters continue to threaten cultural and archaeological sites in southeastern Utah, the need to declare a Bears Ears National Monument is clear. In doing so, the president’s consistent track record shows that such a proclamation would be in consultation with Native American tribes and ensure tribal practices are protected.

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Photo: Bears Ears, Utah | Credit: Tim Peterson