“Sunshine Week” for Bears Ears and Grand Staircase-Escalante

 by Tim Peterson, Cultural Landscapes Director

The week of March 11, 2019, was “Sunshine Week,” an initiative of the American Society of News Editors to educate the public about the dangers of unnecessary secrecy in government. So it was fitting that on March 13, 2019, the House Committee on Natural Resources held a hearing to get to the bottom of how and why Bears Ears and Grand Staircase-Escalante national monuments were revoked and replaced in 2017.

It didn’t take long for the real reasons to become clear: mining for uranium and coal. 

Eyeing uranium deposits in Bears Ears

Before the hearing, new details regarding the influence of uranium company Energy Fuels Resources emerged, including how newly confirmed EPA Administrator Andrew Wheeler (then a lobbyist for the uranium firm) sought and took a meeting with Bureau of Land Management (BLM) officials to urge that the boundaries of Bears Ears be shrunk before the 2017 national monuments review even began.

Rep. Mike Levin, D-Calif., referenced recent media reports on Wheeler's lobbying efforts in the hearing:

Valuing coal over dinosaur fossils in Grand Staircase-Escalante

According to the report, the expert said, "These coal areas are all pretty high dinosaur resources areas. We were told they're out [of the reduced monuments] regardless. …It’s one of the areas that they found several species of dinosaurs that aren’t found anywhere else in the world.” Rep. Huffman added, “The value in that shale was not a little bit of coal, which you can find anywhere, it wasn't some incidental oil and gas, it was these dinosaur fossils that are unique on the planet…” 

Watch the exchange:

San Juan County changes position on Bears Ears

When seeking to diminish the monuments in 2017, the current administration often cited local government support to cut or eliminate the monuments. Rep. Ruben Gallego, D-Ariz., addressed this issue when questioning Utah State BLM Director Ed Roberson, saying, “Recently, the new …San Juan County Commission has passed a resolution supporting [the expansion of Bears Ears] …Given the administration’s commitment to local concerns…will you then recommend that the administration not only reverse its decision to shrink Bears Ears, but also initiate a new review in order to expand the national monument consistent with local opinion that we have just seen [expressed with] San Juan County’s resolution?” 

“I can’t answer for the department’s position on that,” replied Roberson. 

The Utah delegation told a series of half-truths, leaving out important details that would eradicate the credibility of its arguments in favor of slashing Bears Ears. 

“Mr. Curtis …is there any oil and gas in that area?” asked Rep. Rob Bishop, R-Utah.

“No,” answered Rep. John Curtis, R-Utah., instead referring to uranium. “As a matter fact, Energy Fuels [a uranium company] endorsed my mineral withdrawal for 1.35 million acres. …There’s no uranium.” 

Rep. Curtis was referring to his failed bill, H.R. 4532, introduced in the last session of Congress to codify the president’s revocation and replacement of Bears Ears. That bill did contain a mineral withdrawal, but the withdrawal only applied to new uranium claims. Why would a uranium company endorse such a withdrawal? Simple — a withdrawal erases potential future competition. Energy Fuels is the largest shareholder in another company whose subsidiary owns more than 100 active mining claims within the original Bears Ears boundaries.

As for oil and gas, the Bureau of Land Management’s own 2008 resource management plan shows most of the Bears Ears region has either “high” or “moderate” oil and gas potential.

Obfuscation aside, the most moving moments of the hearing were found in testimony from tribal leaders and questions directed to them about the significance of Bears Ears. 

For example, take the words of vice chairman of the Hopi Tribe, Clark W. Tenakhongva:

Poignantly, Rep. Deb Haaland, D-N.M., said, “We have heard that this illegal elimination of our national monuments…was for the sake of traditional uses. But I ask, how do we draw the lines around those traditions? Why is grazing considered traditional use, but not subsistence? Why coal and gas extraction, but not tribal religious practices?” 

Did President Trump’s monuments review listen to tribes? According to written testimony from Tony Small, vice chairman of the Ute Indian Tribe Business Committee, “There was no back and forth discussion, no further exchange of proposals, no deliberative process as required by Interior’s Tribal Consultation Policy. Interior simply turned its back on the Federal government’s treaty and trust responsibilities and on Coalition Tribes themselves.”

Who did listen to the tribes? Reps. Gallego, Haaland, Sen.Tom Udall, D-N.M., and others in introducing two bills that deserve your support.

New legislation would protect Bears Ears and Grand Staircase

In the House and the Senate, the ANTIQUITIES Act of 2019 would codify the boundaries of 52 national monuments (including Grand Staircase-Escalante) to protect them from unlawful attacks, and expand the boundaries of Bears Ears National Monument to the 1.9 million acres originally requested by the Bears Ears Inter-Tribal Coalition.