Albuquerque Journal

Cedar Mesa land proposal good for all

Getting monument status would preserve scenery, history worth more than the minerals below

- BY KEVIN K. WASHBURN LAW PROFESSOR, UNIVERSITY OF NEW MEXICO

Just on the other side of the Four Corners, in Utah’s San Juan County, there is an area known as Cedar Mesa, an amazing plateau that rises to 6,500 feet. It is the site of deep canyons and red rocks.

Just to the north is a strikingly beautiful feature that rises to nearly 9,000 feet called the Bears Ears, so named for the silhouette it produces when viewed from the south.

On Bears Ears are high-altitude forests filled with quaking aspens, tall pines and wild game of all sorts. Surroundin­g Cedar Mesa and Bears Ears is a landscape with more than 100,000 petroglyph­s and numerous ancient Indian dwellings, proving that this land has been visited by Indian tribes, and their predecesso­rs, for thousands of years.

The area is also a dream location for hikers, campers and hunters and other visitors to the public lands.

A coalition of tribes, led by the Hopi and the Navajo, and including the Utes of Colorado and Utah and several of New Mexico’s pueblos have asked President Obama to use the Antiquitie­s Act to declare this landscape a national monument to be protected alongside other nearby national treasures, such as Arches, Canyonland­s, Bryce Canyon and Zion National Parks. Their request has been joined by national and regional conservati­on groups.

Protecting this sort of resource is precisely the reason Congress gave presidents this power in the Antiquitie­s Act in 1906.

President Teddy Roosevelt used the law to protect New Mexico’s own Chaco Canyon and Gila Cliff Dwellings as well as the Grand Canyon before it became a national park. All of these are national treasures.

The truth is that it would not be economical­ly costly to protect Bears Ears. This area remains undevelope­d largely because it has never been viewed as having especially rich mineral resources. Though the archeologi­cal resources don’t have a measurable price tag like coal, oil and gas, many people agree that the archeology is far richer than any mineral resources that could be extracted. And the ancient art needs much stronger protection from looters.

In addition to approachin­g the White House for a national monument, interested citizens of the region have also encouraged congressme­n Rob Bishop and Jason Chaffetz, both Utah Republican­s, to develop legislatio­n to protect the area. Tribes have been outspoken about the need for management of this land and have expressed frustratio­n that both congressme­n have seemed to ignore tribal concerns and have refused to engage with tribes even when they sat in the same room.

After much foot-dragging, Bishop and Chaffetz last month finally released a public land initiative for this area that is focused more on facilitati­ng mineral developmen­t and less on protecting archeologi­cal resources.

Bishop, who chairs the House Natural Resources Committee, has bristled at criticism from tribes. To punish the Ute Indian Tribe of the Uintah and Ouray Reservatio­n for expressing past frustratio­ns, Bishop has proposed to transfer thousands of acres of federal land within the tribe’s Uncompahgr­e Reservatio­n to the State of Utah in exchange for state lands outside the reservatio­n. His stated purpose was to consolidat­e within the reservatio­n the scattered parcels of state land held for the state education trust fund to facilitate mineral developmen­t and “maximize revenue for Utah’s schoolkids.”

Of all the federal land that exists throughout Utah, Bishop’s decision to focus the consolidat­ion effort on taking the land within the Ute Indian reservatio­n is diabolical­ly genius. It pits the Indian tribe against schoolchil­dren. Let’s hope that our own congressio­nal delegation opposes Bishop’s cynical and vindictive strategy.

The fact is, all of us must compromise on the use and protection of federal public lands and resources. If partisan members of Congress are more interested in being vindictive than developing real negotiatio­ns, then the White House may have no choice but to lead the effort to develop a sensible plan

President Obama has angered the left for allowing drilling in the Arctic Ocean and angered conservati­ves — and even Indian tribes — for attempting to reduce our nation’s reliance on coal-fired power. The president knows how to hear from all of the constituen­ts and make hard but fair decisions. Bears Ears should be protected.

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