Utah native tribal groups oppose National Monument Creation and Protection Act, House Joint Resolution 001
By Alastair Bitsoi
Utah Diné Bikéyah is calling on its supporters to be on standby as two pieces of legislation — H.R. 3990 in Congress and House Joint Resolution 001 in the Utah Legislature — threaten the 1906 Antiquities Act, a law that honors Native American history and authorized President Obama to designate the Bears Ears National Monument.
The 1906 Antiquities Act is under threat, both at the federal and state level, by elected Utah leaders. H.R. 3990, or the National Monument Creation and Protection Act sponsored by Rep. Rob Bishop (R-UT-1), amends the Antiquities Act by unduly limiting the authority of presidents to protect unique and special public lands from destructive and irreversible uses. It has passed through the House Committee on Natural Resources but has yet to come to a vote on the House floor of the U.S. Congress.
Similarly, House Joint Resolution 001, or H.J.R. 1, which is moving through the Utah Legislature, is a non-binding request to U.S. Congress to exempt Utah from the Antiquities Act. Utah State Rep. Carl R. Albrecht (R-District 70) and State Sen. David P. Hinkins (R-District 27) are co-sponsors of this joint resolution, which asks Congress to amend the Antiquities Act. This joint resolution passed the Utah House by a vote of 59-13 and was debated in the Senate Committee Feb. 26 at 4 p.m.
“Both measures continue the attacks on Bears Ears National Monument and the Antiquities Act, which was designed in part to protect Native American heritage,” stated Navajo Nation Council Delegate Davis Filfred, who represents the Utah Navajo communities of Mexican Water, To’likan, Teec Nos Pos, Aneth, and Red Mesa. “The lack of involvement of tribes in either of these bills is another example of how Utah congressional and state leaders continue to ignore tribal sovereignty and Utah’s most affected citizens. Tribal consultation is necessary as guaranteed by treaties, the law, and the policy of self-determination, including the Navajo Treaty of 1868. I call on Bears Ears supporters to contact our elected leaders in Utah and Washington, D.C. and submit public comments opposing these measures.”
Collectively, these actions would prevent the protection of threatened objects of “historic and scientific interest,” leaving U.S. Congress as the only entity capable of passing durable conservation actions across federal public lands. Congress has proven itself incapable of acting in recent years even on its highest priorities that have broad consensus. The Antiquities Act was designed to be used in cases like Bears Ears, and tribes will advocate for its retention as a valuable tool to advance tribal sovereignty through the government to government relationship between the executive branch and tribes. The Antiquities Act was used properly by the Navajo Nation, Hopi Tribe, Pueblo of Zuni, Ute Mountain Utes and Ute Indian Tribe, which responded to ongoing threats and Congressional inaction.
In response to these proposed actions, the Utah Navajo Commission — along with Navajo Nation Chapters including Oljato, Rock Point, Shonto, Teec Nos Pos, and Tolikan Chapters — oppose H.R. 3990 and H.J.R. 1.
Utah Diné Bikéyah, the Utah Navajo Commission, Navajo Chapter Houses, and tribes across the United States are watching the actions of the Utah legislature and U.S. Congress and ask that we be included in these important discussions.
“These legislative actions are excluding the voices of Native American citizens, who are simply asking to be heard in decision-making that greatly affects our future,” said Willie Grayeyes, board chairman of Utah Diné Bikéyah. “We invite all Utahns to please come and help us protect our shared heritage as we build a future that reflects values we all care about, including the earth and each other. Please join us at the state capitol to voice opposition to this resolution in order to take an important step toward healing.”
For a complete packet of resolutions, check under “News” at utahdinebikeyah.org or email braidan@utahdinebikeyah.org.
Alastair Bitsoi is communications coordinator for Utah Diné Bikéyah.
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