Indigenous Peoples and Human Rights

January 18, 2017

Dine' Officials Demand Halt to Chaco Fracking








Tribal Delegates To Bureau of Land Management - Stop Chaco Sale!
Chapter Presidents meet with BLM State Director, hundreds rally, and tens of thousands call to cancel oil and gas lease sale
Press statement
Photos by Emilia Arrasim

SANTA FE, NM — While four Navajo Nation chapter Presidents, impacted community members, and one NM State Representative were inside New Mexico Bureau of Land Management (BLM) offices today, a rally of over 150 supportive water protectors gathered outside, all demanding State Director Amy Lueders exercise her authority to cancel the scheduled January 25 oil and gas lease sale, which threatens 843 additional acres of public lands in the Greater Chaco area for industrialized fracking development.

Chapter Presidents delivered a letter reminding BLM it has yet to complete a plan for community safety, public health, and protection of cultural resources and the environment in the Greater Chaco area in the face of new modern fracking development. The letter, supported by 102 local, national, and tribal organizations, states that until meaningful and lawful consultation occurs with impacted communities, and environmental justice issues are fully assessed, BLM has no business leasing additional land for oil and gas in Greater Chaco.

The proposed parcels have been deferred three times previously (October 2014, January 2015, and October 2016) and the upcoming sale will be the first online oil and gas auction held in New Mexico, an effort to avoid public protest after over 200 demonstrated at BLM's most recent sale in Santa Fe.

"The injustices run deep," said Daniel Tso, former Torreon Council Delegate and one of the conveners of the meeting with Director Lueders. "Even BLM's own employees know that oil and gas are being ramrodded illegally down our throats."

Published protests of the January lease sale include those of the former Technical Coordinator for the agency's planning document.

91% of public land in Northwest New Mexico is already leased to oil and gas interests, with most of the remaining unleased land in the Greater Chaco area. Despite the lack of adequate tribal consultation, environmental review, or a comprehensive plan for fracking in the area, BLM has approved over 400 new wells, and now proposes to lease hundreds more acres of land to drill and frack the area.
Admitting its 2003 Resource Management Plan (RMP) fails to adequately analyze the impacts of fracking the area, the BLM joined with the Bureau of Indian Affairs (BIA) to amend the plan for Greater Chaco oil and gas development. To date, BLM/BIA has held 11 scoping meetings mostly at Navajo Chapter Houses to solicit tribal input; the agency extended the scoping period to February 20, after being heavily criticized for its original meeting format that silenced community members.

"BLM refuses to listen to us," said Kendra Pinto, Navajo community leader and Twin Pines resident who met with Director Lueders this morning. "This lease sale is a direct assault and insult to our way of life. Our culture, our history, our health, our water, cannot be pushed aside for profit.  A few designated archaeological sites in Chaco National Park are protected, but the landscape of Greater Chaco and the living cultural significance – the people, our land, and our water have been threatened for too long. We are coming together to protect all that is sacred." 

Taking their cue from protests at Standing Rock, water protectors have responded to BLM's move to hold its first NM oil and gas lease sale online by showing up at the agency's doorstep. Many demonstrators today wore "Water Protector" buttons and held "Water is Life" and "Native Lives Matter" signs.

"Water protectors up north have shown the world the true power we have always held as Native Americans," added Pinto. "We know we must protect Mother Earth, who cares for us and nourishes us."

New Mexican Senators Udall and Heinrich have issued statements supporting the rights of Indigenous water protectors at Standing Rock, but both have yet to comment on the need to safeguard Indigenous lives and water protection in Greater Chaco, or the community's demand to cancel the upcoming January 25 lease sale.

Fracking has already taken a terrible toll in Greater Chaco. The region hosts the nation's largest methane hotspot as a result of oil and gas activities. In 2016, San Juan County received an "F" from the American Lung Association for ground-level ozone (smog) pollution, responsible for over 12,000 asthma attacks in New Mexican children each year. On a regular basis there are oil and gas disasters - gas tank explosions, water tank explosions (associated with gas production), ruptures, leaks, spills, earthquakes, and air, soil and water contamination. There were more than 1,477 spills in New Mexico related to oil and gas production in 2015 alone – an average of 4 spills per day.  And in July 2016, a well pad near the Nageezi Chapter House exploded and burned for days, killing livestock and requiring local residents to evacuate.

A growing coalition with dozens of local and environmental groups as well as more than a dozen Navajo chapters have called for immediate relief for the area on multiple occasions. Today's demonstration is the latest in many community actions.

"Applications for Permits to Drill continue to be processed, and the Federal Agencies proceed on a 'Development will continue,' timetable regardless of protests, scoping meetings, and reasonable requests," added Daniel Tso. "When a member of the family hurts, the totality of the family hurts. We hope other allies and tribal groups will join us on this issue."

After delivering their statements to Director Lueders, protectors went to the Roundhouse for the first day of the New Mexico Legislative Session to call for relief from oil and gas activities for the area.

Representative Derrick Lente, District 65, who was present at the meeting, announced his intention to sponsor a Memorial  in the upcoming legislative session supporting a moratorium on fracking development in Greater Chaco until BLM completes its Resource Management Plan Amendment. 

###

Delivered to BLM on: January 17, 2017

·      Collection of over 17,000 signatures and individual comments from organizational members and supporters from New Mexico and around the nation opposing more leasing and drilling in Greater Chaco.
·      Resolution passed by 14 Navajo chapters opposing the January 2017 lease sale
·      Letters from local community members opposing January 2017 lease sale.
·      Ojo Encino Chapter protest of January 2017 lease sale
·      WildEarth Guardians protest of Environmental Assessment for January 2017 lease sale
·      Western Environmental Law Center protest of January 2017 lease sale
·      Comments from former BLM employees protesting January 2017 lease sale
·      Letter from New Mexico House Representative Derrick Lente
·      Naabik'íyáti' Committee of the Navajo Nation Council resolution opposing fracking on Navajo Nation.
·      Navajo Nation legislation requesting the United Nations to conduct a field hearing regarding impacts of fracking
·      2016 Community Health Impact Report summary on impacts of oil well exposure for Counselor Chapter, San Juan Basin
·      Letter regarding concerns from July 2-16 WPX fracking explosion


Additional Statements:

"I made it a point to be here, because I should be at the Roundhouse right now, because this is important to the folks in my district. I sat across the table from the BLM folks in solidarity with folks from Navajo Nation to let them know that the people of this district are not here because we've got nothing else to do or just to be on television. We're here because we have to be a voice for the land, the water, the sky. And truly we're here because as tribal folks – and I'm included in that – we've got nowhere else to go and that the drillers that come through – the carpet baggers – they rape they land. They take what they need and they leave. And we're left with the consequences, which are always negative.  As Representative of House District 65 I oppose fracking in this area completely. "

-       New Mexico Representative Derrick Lente, House District 65


"In the past BLM has deferred lease sales in this area with just two employees. Now they're telling us decisions need to be made on the highest level. BLM needs to get their story straight and start taking orders from the impacted communities instead of pandering to DC. "

-       Samuel Sage, Counselor Chapter Coordinator

"Six years ago we met with BLM and they listened to our concerns related to oil and gas development. They said they would fix the roads and nothing has happened. One of the oil trucks hit a local school bus. It's long past time BLM starts paying attention."

-       Harry Domingo, Counselor Chapter President

"Federal law requires a percentage of royalties generated from oil and gas extraction benefit communities directly affected by industry. There are Navajo Nation communities --Huerfano, Nageezi, Counselor -- that are subjected to the negative social, environmental and health-related fallout of current rigorous horizontal and hydraulic fracturing activities. In 2014, the state and federal government collected roughly $12.5 to $14 million in oil royalties from these three Navajo Nation communities. The return on these royalties does not benefit these heavily fracked communities, thus perpetuating environmental discrimination."

-       Lori Goodman, Board Member of Diné Citizens Against Ruining our Environment

"Canyon is home to my people and other surrounding Indigenous Native American tribes. The desecration of our home must be stopped. We all need to get out and support protecting Chaco Canyon."

-       Terry Sloan, Director of Southwest Native Cultures





Rebecca Sobel
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From: 'Ed Becenti' via Greater Chaco Coalition / Frack Free New Mexico <chacocoalition@googlegroups.com>
Date: Tue, Jan 17, 2017 at 6:04 PM
To: Rebecca Sobel <rsobel@wildearthguardians.org>, Greater Chaco Coalition / Frack Free New Mexico <chacocoalition@googlegroups.com>

Great job all...now we need your support to help nominate a new Speaker of the Navajo Nation Council for the next 2 years...I did an informal sampler survey among grassroots from AZ...UT...NM...last week and over the weekend...a majority spoke in favor of Amber Crotty the lone Dine'/Navajo woman among 23 male Council delegates as their choice for new Speaker...runner-up was Hale with a minority vote...just fyi.




From: Rebecca Sobel <rsobel@wildearthguardians.org>
To: Greater Chaco Coalition / Frack Free New Mexico <chacocoalition@googlegroups.com>
Sent: Tuesday, January 17, 2017 5:34 PM
Subject: Thank you! -- Press Release: 150+ Rally as Tribal Officials Demand BLM Cancel NM Lease Sale
To view this discussion on the web visit https://groups.google.com/d/msgid/chacocoalition/1714143801.4995866.1484701453909%40mail.yahoo.com.

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From: Larry Emerson <emerson714@gmail.com>
Date: Wed, Jan 18, 2017 at 7:05 AM
To: Ed Becenti <rezztone@yahoo.com>
Cc: Rebecca Sobel <rsobel@wildearthguardians.org>, Chaco Coalition <chacocoalition@googlegroups.com>

Good morning all,

I also want to commend the local leaders, the Chapter leaders, who stood their ground most recently against the BLM in Santa Fe. A very significant development appears to be evolving because local people, represented by the Chapters, are taking matters into their own hands. This is significant because a Diné local versus Navajo national voice is re-emerging this time guided again by Diné traditional thought. 

"Chapters" were the idea of a BIA superintendent in 1927 who subsidized a meeting in the Leupp area that was mainly concerned with livestock problems and improvement. By 1933, around 100 "Chapters" were operating throughout most the the Navajo Nation, according to D Wilkins. These Chapters were modeled after the American hierarchal system complete with a Robert's Rules of Order process, majority vote, "Chapter officer" election process that was overlooked by the BIA. 

The 1922 "Navajo Tribal Council" was also a federal government brainchild meant to provide oil and gas companies a way into Diné treaty lands. Diné were never involved in this form of government because the traditional form of self-governance was ignored by the US government in favor of an American form of government. The establishment of the 1922 "Navajo Tribal Council" was a classic act of US government colonial control. Colonial democracy?

Writer David E. Wilkins, a former instructor at the Diné College, and, I think, now a professor at the University of Minnesota Law School has characterized the 1910-1990 phase of Diné political experience as Indigenous people adapting to a externally imposed American form of democracy while attempting to sustain Diné values. The Navajo Nation Peacemaking effort, located  within the Navajo Nation Judicial Branch, is another example were Diné are sustaining traditional thought and process despite colonial control. 

The 2002 Diné Fundamental Law, too, is a more exact attempt to preserve Diné traditional thought and self-governance. 

Diné political thought is changing guided, for example, by the colonial-decolonial framework and/or the intergenerational, historic trauma and healing philosophy. But these frameworks are not accepted "as is" because a more fundamental and primary Diné philosophy and practice of traditional law now drives and shapes Diné political thought. 

The recent action of the Shiprock Chapter to support western Diné in their struggle against the raw capitalist and touristy Escalade project is a recent example of local people supporting local people. The Shiprock Chapter has also supported the Lakota, Dakota opposition to the North Dakota access pipeline and has voiced opposition to Wells Fargo Bank for it's support of the pipe line. 

I imagine some alarm by certain Navajo Nation Council delegates too because local action threatens the NNC's perceived authority to speak on behalf of the Diné. The NNC has been criticized too for acting out of a colonized economic, political and social. 

I just want to share these thoughts and to thank the Diné Chapter officers and local leaders who are now offering the Diné Nation a way of self-governance that's so old, it looks new and that is a form of Diné style indigenization and decolonization. I see great hope in their actions because Diné decolonization for me means to once again walk in harmony, balance, beauty, happiness and peace. 

Larry E

Larry E.
Tsédaak'´áán, Diné Nation



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----------
From: Larry Emerson <emerson714@gmail.com>
Date: Wed, Jan 18, 2017 at 7:25 AM
To: Ed Becenti <rezztone@yahoo.com>
Cc: Rebecca Sobel <rsobel@wildearthguardians.org>, Chaco Coalition <chacocoalition@googlegroups.com>

I read through the piece below and offer a couple of edits … I'm guilty of not thoroughly re-reading stuff I've written … Larry Emerson


On Jan 18, 2017, at 7:05 AM, Larry Emerson <emerson714@gmail.com> wrote:


Good morning all,


I also want to commend the local leaders, the Chapter leaders, who stood their ground most recently against the BLM in Santa Fe. A very significant development appears to be evolving because local people, represented by the Chapters, are taking matters into their own hands. This is significant because a Diné local versus Navajo national voice is re-emerging this time guided again by Diné traditional thought. 


"Chapters" were the idea of a BIA superintendent in 1927 who subsidized a meeting in the Leupp area that was mainly concerned with livestock problems and improvement. By 1933, around 100 "Chapters" were operating throughout most the the Navajo Nation, according to D Wilkins. These Chapters were modeled after the American hierarchal system complete with a Robert's Rules of Order process, majority vote, "Chapter officer" election process that was overlooked supervised by the BIA. 


The 1922 "Navajo Tribal Council" was also a federal government brainchild meant to provide oil and gas companies a way into Diné treaty lands. Diné were never involved in this form of government because the traditional form of self-governance was ignored by the US government in favor of an American form of government. The establishment of the 1922 "Navajo Tribal Council" was a classic act of US government colonial control. Colonial democracy?

Lumbee writer David E. Wilkins, a former instructor at the Diné College, and, I think, now a professor at the University of Minnesota Law School has characterized the 1910-1990 phase of Diné political experience as Indigenous people adapting to a externally imposed American form of democracy while attempting to sustain Diné values. The Navajo Nation Peacemaking effort, located  within the Navajo Nation Judicial Branch, is another example were Diné are sustaining traditional thought and process despite colonial control. 


The 2002 Diné Fundamental Law, too, is a more exact attempt to preserve Diné traditional thought and self-governance. 

Diné political thought is changing guided, for example, by the colonial-decolonial framework and/or the intergenerational, historic trauma and healing philosophy. But these frameworks are not accepted "as is" because a more fundamental and primary Diné philosophy and practice of traditional law now drives and shapes Diné political thought. 


The recent action of the Shiprock Chapter, located in the northern Diné Nation, to support western Diné in their struggle against the raw capitalist and touristy Escalade project is a recent example of local people supporting local people. The Shiprock Chapter has also supported the Lakota, Dakota opposition to the North Dakota access pipeline and has voiced opposition to Wells Fargo Bank for it's support of the pipe line. 

I imagine some alarm by certain Navajo Nation Council delegates too because local action threatens the NNC's perceived authority to speak on behalf of the Diné. The NNC has been criticized too for acting out of a colonized, western economic, political and social mentality.
To view this discussion on the web visit https://groups.google.com/d/msgid/chacocoalition/53E1D8BF-54FF-4B23-BE66-A069A311341E%40gmail.com.


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