On December 15, 2016, four members of Utah鈥檚 congressional delegation sent a letter to President Barack Obama, who was about to designate Bears Ears National Monument. The legislators鈥攕enators Orrin Hatch and Mike Lee, and representatives Rob Bishop and Jason Chaffetz鈥攖old Obama that a monument designation, made under the Antiquities Act, could harm some of their most vulnerable constituents.
鈥淪uch a unilateral designation infringes on the rights and the way of life of the Federally Recognized Indian Tribes in the area,鈥 they wrote. 鈥淭his decision could abruptly and permanently close off a substantial area of land respected and used by generations of local Indian Tribes.鈥
The letter was part of some 25,000 pages of documents by the New York Times that related to the Obama administration鈥檚 creation of Bears Ears, and President Donald Trump鈥檚 downsizing of it last year. The documents suggest that Utah and federal officials were motivated to change the monument boundaries principally to free up potential mineral reserves. Along the way, documents show how these leaders鈥攊ncluding that group of four in their December letter鈥攎isrepresented or ignored the Native American voices that sparked the monument鈥檚 creation.
鈥淚t鈥檚 in keeping with the incredibly paternalistic view that the Utah delegation has shown to date,鈥 says Ethel Branch, the Navajo Nation鈥檚 attorney general who is suing the Trump administration over downsizing the Bears Ears monument. 鈥淚t鈥檚 just a disregard for tribes as governments.鈥
In 2011, Navajo activist group Utah Din茅 Bik茅yah called for the area to be protected in some fashion. Five years later, the Bears Ears Commission鈥攎ade up of representatives from the Hopi, Navajo, Ute Mountain Ute, Ute, and Zuni tribes鈥攆ormally requested a national monument designation from Obama. It was the first monument proposal driven by Native Americans, and Obama鈥檚 designation gave the commission an integral role in deciding how to manage the monument.
But the Times documents show that the commission, under the Trump administration, was given no such role. In a letter dated March 17, 2017, the Bears Ears Commission told Interior Secretary Ryan Zinke and Michael Scuse, then the acting secretary of the Department of Agriculture, that the tribes it represents were ready to fulfill their end of the management agreement. Of Zinke and Trump鈥檚 reported interest in shrinking or doing away with Bears Ears, they wrote, 鈥淲e would consider it essential that we are able to have full discussions with you about those possibilities. Of course, from our standpoint, any such actions would be absolute tragedies.鈥
Instead of establishing a communication channel with tribes, the emails show that as soon as Trump took office, the Department of the Interior and Utah officials began an exhaustive survey of the mineral potential in the area, while ignoring tribal calls for a seat at the table. (The Interior Department never responded to the commission鈥檚 March letter, and several people on the commission told 国产吃瓜黑料 there was almost zero communication from Zinke鈥檚 office.) A staffer for Senator Hatch even offered up a map in March 2017 with boundaries 鈥渢hat would resolve all known mineral conflicts.鈥 Even among monument allies, the tribes got short shrift. During Zinke鈥檚 May 2017 trip to Bears Ears, according to a schedule in the Times emails, he spent three hours apiece with Friends of Cedar Mesa and a group of outdoor industry executives, while the Bears Ears Commission received just an hour.
To the Bears Ears Commission members, all of them elected leaders of tribal nations, the notion that a county commissioner should be elevated to their level was an insult on tribal sovereignty.
That meeting, according to a summary published in the Times documents and follow-ups 国产吃瓜黑料 made with people in the room, was uncomfortable. Charles Wilkinson, a University of Colorado law professor who was present, presented Zinke in the summary as 鈥渋ll-informed on the Antiquities Act and tribes鈥 and initially dismissive of claims the tribes had repeated ad nauseum. Wilkinson wrote that the tribal leaders present 鈥渆xplained that, yes, it really does make a difference to have a monument declared; no, there is nothing wrong with the collaborative management; yes, this really is sacred land to the tribes; and so forth.鈥
Branch and Shaun Chapoose, the Ute tribe鈥檚 representative on the Bears Ears Commission, agreed that Zinke was unprepared for the meeting, but said that he seemed more open to tribal concerns as the conversation went on. Significantly, Zinke promised no recommendation would take place without further conversation. 鈥淭he assumption we had was that he would come back and talk to us after he visited, but we didn鈥檛 hear anything after that,鈥 Chapoose says. (The Interior Department did not respond to a request for comment.)
Instead, Zinke聽went on the public record saying things聽the Native representatives call untrue, like that the monument, or that the monument 鈥渢raditional uses.鈥
The Bears Ears Commission deconstructed many of these arguments, point by point, in a scathing letter to Zinke that July:聽contrary to Zinke鈥檚 public comments, the commission wrote, the tribes were not happy with his interim report on Bears Ears;聽shrinking the monument would remove protection from one of the most archeologically and historically rich places in the West;聽and they were content with the collaborative management scheme Obama laid out. (The inaccuracies persist: Senator Lee, in a Senate hearing last week, said the Bears Ears monument would have restricted the religious freedom of Native Americans nearby.)
Members of the commission also chafed at Zinke鈥檚 repeated insistence that a San Juan County commissioner, Rebecca Benally, have a seat on the management group. Benally is Navajo and opposed the monument, and she routinely appeared with Hatch and other Utah leaders in . To the Bears Ears Commission members, all of whom are elected leaders of tribal nations, the notion that a county commissioner should be elevated to their level was an insult. 鈥淪tate and local government representatives elected by San Juan County residents鈥o not represent the sovereign Navajo Nation government, or any other Indian Nation鈥檚 government,鈥 they wrote in the July letter.
鈥淚t鈥檚 something you think of more as a 19th-century phenomenon, the type of paternalism where 鈥榳e know best,鈥 and the idea that tribes are not really able to compete or understand the way things work,鈥 University of Utah history professor Greg Smoak says of the diplomatic strategy with tribes.
Yet despite the commission鈥檚 protests, in December 2017, President Trump, with Benally and Zinke by his side, cut Bears Ears into two monuments, reducing them to a combined 15 percent of the original size.
The Times documents bolster arguments that while Hatch, Lee, Zinke, and others may have claimed to care for Native interests, they did so only in a superficial manner, and their real concerns were the mineral deposits. Then again, you don鈥檛 need the Times emails to come to this conclusion鈥: 鈥淭he Indians, they don鈥檛 fully understand that a lot of the things that they currently take for granted on those lands, they won鈥檛 be able to do if it鈥檚 made clearly into a monument or a wilderness.鈥