Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise today to offer an amendment that would protect Native American sacred and cultural sites associated with the land conveyance outlined in the bill. This bill transfers land…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I rise today to offer an amendment that would protect Native
American sacred and cultural sites associated with the land conveyance outlined in the bill. This bill transfers land out of the public domain and into the hands of a private mining company with no guarantee of protecting sacred sites.
Currently, the cultural and sacred sites of Apache Leap and Oak Flat are located on public land and not on an Indian reservation. Although these sites are not on an Indian reservation, they're still sacred to the San Carlos Apache, Yavapai Indian Tribe, and other tribes in Arizona, just as a Catholic church, where I practice my faith, is considered a holy place even though it's not located in Vatican City.
Because these sacred and cultural sites are currently on public land, they are protected under certain Federal laws. This bill would transfer the lands that contain these sacred sites to a private company for private ownership, effectively taking away any protections under Federal law.
Additionally, it is important to protect the subsurface area of these sacred sites, which this bill does not do. Native American sacred sites, just as a church or temple, have both surface and subsurface religious quantities. Would we allow subsurface mining below the National Cathedral? I would say not.
I have heard from my colleagues the mining would take place below the ground and therefore leave the sacred sites undisturbed, but this is a rather absurd argument and, quite honestly, not factual.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 1 minute to the very distinguished gentlewoman from Minnesota (Ms. McCollum), one of the cochairs of the Native American Caucus.
Mr. Chairman, I yield myself the balance of my time.
I don't know where to begin with the comments suggested by one of my colleagues whom I respect, Mr. Gosar. I don't know how to be more clear.
These sacred sites are on public land. I think it would be a new low for this Congress to go and tell tribes across America that sacred sites that are not located on a reservation are no longer sacred. I'm surprised. I'm appalled. I think tribes across the country would be, as well.
With regard to sections 4(i) and 4(j), I ask the author of the legislation to come back and read it with me. The way that I read this, there's only one section of law that is referred to that can't be enforced because this is on private lands, not on public lands; and the area that's identified in the law is the National Environmental Policy Act.
What happens when this land is given from a public perspective back to a private perspective is we lose the opportunity and ability to enforce the National Historic Preservation Act, the Native American Graves Protection and Repatriation Act, the American Indian Religious Freedom Act, and the administration's December 2012 memorandum of understanding to protect sacred sites.
Mr. Chairman, I submit into the Record all the organizations across America, including all the tribes from Arizona, that are opposed to this underlying legislation.
Mr. Chairman, I have here not a picture of Apache Leap, but a picture of what happens with blockade mining. So even in the poor attempt that talks about trying to address Apache Leap, the author of the legislation failed to include Oak Flat, which is a sacred site that would be covered here.
This is what happens with blockade mining. Don't take my word for it, as I will submit into the Record a presentation by Resolution Copper Mining. In this, which I wish I would have blown up, Resolution Copper shows pictures of how this starts to cave in. It will eventually look like this.
Mr. Chairman, this is a commonsense piece of legislation. In your words, this will improve the law. This will improve what we're trying to do here. This doesn't give the Secretary blanket authority to do anything.
Let's just protect sacred sites and work together. The Congress has always done this. There's a reason why Democrats and Republicans have come together to create a Native American Caucus and to advocate for tribes across America. The Congress has always stood strong.
Mr. Chairman, I ask my colleagues to please give due consideration and support this amendment. I hope to work with the majority and Chairman Hastings, whom I respect very much, to try to get this addressed.
I yield back the balance of my time.
Tribes and Organizations Opposed to H.R. 687, SE AZ Land Exchange
Tribal Organizations
National Congress of American Indians--the oldest and
largest organization representing tribes across the country
National Indian Gaming Association--represents 184 tribes
across the country
Inter-Tribal Council of Arizona--represents 20 tribes in
Arizona
Inter-Tribal Council of Nevada--represents 27 tribes in
Nevada
United South and Eastern Tribes--represents 26 tribes in
Maine, New York, Connecticut, Massachusetts, Rhode Island,
North Carolina, South Carolina, Alabama, Mississippi,
Louisiana, Florida, and Texas and based in Tennessee
California Association of Tribal Governments--represents
tribal governments in California
Midwest Alliance of Sovereign Tribes--represents 35 tribes
in Minnesota, Michigan, Wisconsin, and Iowa
Affiliated Tribes of the Northwest Indians--represents 57
tribes located in Washington, Oregon, Idaho, Southeast
Alaska, Northern California, and Western Montana
All Indian Pueblo Council--represents 20 pueblos located in
New Mexico and Texas
Eight Northern Indian Pueblos of New Mexico
Great Plains Tribal Chairman's Association--represents 16
tribes in North Dakota, South Dakota, and Nebraska
Coalition of Large Tribes--represents 14 tribes in North
Dakota, South Dakota, Montana, Idaho, Arizona, New Mexico,
Utah, Washington
Alaska Inter-Tribal Council
Alabama
Poarch Band of Creek Indians, Alabama
Arizona
San Carlos Apache Tribe, Arizona
Hopi Tribe, Arizona
Ak-Chin Indian Community, Arizona
Ft. McDowell Yavapai Nation, Arizona
White Mountain Apache Tribe, Arizona
Colorado River Indian Tribes, Arizona
Cocopah Indian Tribe, Arizona
Hualapai Tribe, Arizona
Tohono O'odham Nation, Arizona
Quechan Indian Tribe, Arizona
Tonto Apache Tribe, Arizona
Ft. Mojave Indian Tribe, Arizona, California, and Nevada
Navajo Nation Council, Arizona, New Mexico, and Utah
California
Susanville Indian Rancheria, California
Coyote Valley Band of Pomo Indians, California
Hopland Band of Pomo Indians, California
Soboba Band of Luiseno Indians, California
California Valley Miwok Tribe, California
Santa Rosa Band of Cahuilla Indians, California
Connecticut
Mohegan Tribe, Connecticut
Florida
Miccosukee Tribe of Indians of Florida
Idaho
Shoshone-Bannock Tribes, Idaho
Kansas
Kickapoo Indian Nation, Kansas
Louisiana
Jena Band of Choctaw Indians, Louisiana
Tunica-Biloxi Tribe, Louisiana
Maine
Penobscot Indian Nation, Maine
Massachusetts
Aquinnah Wampanoag Tribe of Gay Head, MA
Michigan
Saginaw Chippewa Tribe, Michigan
Sault Ste. Marie Tribe, Michigan
Minnesota
Leech Lake Band of Ojibwe, Minnesota
Shakopee Mdewakanton Sioux Indian Community, Minnesota
Nevada
Shoshone-Paiute Tribe, Nevada
Walker River Paiute Tribe, Nevada
New Mexico
Jicarilla Apache Nation, New Mexico
Mescalero Apache Tribe, New Mexico
Pueblo of Zuni, New Mexico
Pueblo of Tesuque, New Mexico
Pueblo of Santa Clara, New Mexico
Oklahoma
Cherokee Nation, Oklahoma
Osage Nation, Oklahoma
Rhode Island
Narragansett Tribe
South Carolina
Catawba Indian Nation, South Carolina
South Dakota
Oglala Sioux Tribe, South Dakota
Washington
Confederated Tribes of the Colville Reservation, Washington
Puyallup Tribe of Indians, Washington
Quinault Indian Nation, Washington
Hoh Indian Nation, Washington
Samish Indian Nation, Washington
Wisconsin
Lac du Flambeau Band of Lake Superior Chippewa Indians
Oneida Nation, Wisconsin
Sokaogan Chippewa Community, Wisconsin
Stockbridge-Munsee Community, Band of Mohican Indians,
Wisconsin
Environmental and Religious Groups Opposing H.R. 687/S. 339, SE AZ Land
Exchange
Town of Superior
Queen Valley Golf Association, Queen Valley, Arizona
Queen Valley Homeowners Association, Queen Valley, Arizona
Arizona Mining Reform Coalition
American Lands
Access Fund
Arizona Mountaineering Club
Arizona Native Plant Society
Arizona Wildlife Federation
The American Alpine Club--Golden, CO
Center for Biological Diversity
Chiricahua-Dragoon Conservation Alliance
Comstock Residents Association--Virginia City, NV
Concerned Citizens and Retired Miners Coalition--Superior,
Will the chairman yield?
I thank the chairman.
Mr. Chairman, I don't believe that anyone is suggesting that items are being waived.
The fact of the matter is, when land is transferred from a public domain to a private domain, it goes away. And that's the problem here. And I am glad to hear--and I know the profound respect that Chairman Hastings has for tribes across the country and the sacred sites, protections--
Mr. Chairman, I demand a recorded vote.