Preserving Chaco Canyon and the Greater Chaco Region

Pueblo Efforts to Protect Chaco Canyon

The All Pueblo Council of Governors (“APCG”), comprised of 20 member federally recognized Indian Pueblos, maintains a nuanced and pragmatic two-part approach towards protecting the sacred landscape of the Greater Chaco Region: 1) seeking withdrawal of federal lands and minerals from future mineral development in an especially critical approximately 10-mile withdrawal area surrounding Chaco Culture National Historical Park and including its outliers; and 2) seeking sufficient tribally-led cultural resources studies and tribal consultation preceding all other development decisions, including lease sales, throughout the Greater Chaco Region.

APCG’s Collective Advocacy for Withdrawal

1. Appropriations Moratorium: Since at least the Obama and Trump Administrations, informal pauses on new mineral development on federal lands have been in place in the 10-mile withdrawal area. In 2019, Congress within its appropriations legislation enacted a moratorium solidifying this pause, and it has maintained this moratorium in each enacted appropriations bill since that time.
2. Administrative Withdrawal: In November 2021, the Biden Administration announced to Tribal leaders that among the President’s top five priorities for Indian Country would be to initiate steps to protect Chaco Canyon and the Greater Chaco Region. The Administration said it would begin considering an administrative withdrawal under the Federal Land Policy and Management Act. After an extensive public comment, tribal consultation, and production of environmental analyses, the Department announced its decision to complete the administrative withdrawal of federal lands and minerals from future mineral development in the 10-mile withdrawal area for a 20-year period.
3. Permanent Legislation: Since 2018, the New Mexico Congressional Delegation has introduced the Chaco Cultural Heritage Area Protection Act, which would permanently withdraw federal lands from future mineral development in the 10-mile withdrawal area. This legislation contains protections designed by the Pueblos and the Navajo Nation—who together requested the New Mexico Congressional Delegation introduce the bill.

APCG’s Collective Advocacy for Tribally-Led Cultural Resource Studies and Tribal Consultation

1. Tribally-Led Cultural Resource Study: The Pueblos worked closely with the Department of the Interior during the Trump Administration on a Tribally-led cultural resource study within the Greater Chaco Region. In 2019, Congress appropriated funding, which was split between the Pueblos and the Navajo Nation, and thereafter Congress appropriated additional funding so that the Pueblos’ proposed study was fully funded. The Pueblos’ study is set to be completed in the fall of 2023.
2. Resource Management Plan Amendment: The Pueblos are participating in the Department of the Interior’s efforts to amend the Resource Management Plan dictating how the federal lands in a large portion of the Greater Chaco Region will be utilized for many years to come. The Pueblos submitted extensive comments on the draft National Environmental Policy Act Environmental Impact Statement, and APCG also serves as a Cooperating Agency. The Pueblos have also participated in preparation of the National Historic Preservation Act Programmatic Agreement, and APCG serves as a Consulting Party.
3. Honoring Chaco Initiative: The Department of the Interior is engaged in an innovative approach to making land management decisions in the Greater Chaco Region, which it calls the Honoring Chaco Initiative. The Department has said it is exploring ways it can manage existing energy development, honor sensitive areas that are important to Indian Tribes, and build collaborative management frameworks for the Greater Chaco Region. The Pueblos and APCG have participated in this work.

Department’s Withdrawal

After years of collaborative advocacy by many stakeholders, including the Pueblos, the Department of the Interior in June 2023 issued Public Land Order No. 7923, which withdrew for 20 years the remaining federal lands from new mineral development in an approximately 10-mile area surrounding the Chaco Culture National Historical Park. This withdrawal does not prevent development on Tribal lands or Allottee lands, and it does not stop development on federal lands that is already underway. Indeed, the Department’s withdrawal makes more permanent the current status quo—where the Department years ago paused new mineral development on these federal lands and Congress later enacted annual moratoriums.

H.R. 4374

Now congressional bill H.R. 4374 seeks to nullify the Department’s withdrawal. This perilous situation endangers not just the physical integrity of Chaco Canyon and the Greater Chaco Region, but also the cultural, spiritual, and historical threads that bind the Pueblos and other Indian Tribes to this sacred space. The Greater Chaco Region is more than just land; it is a testament to shared history, a reflection of cultural diversity, and a sacred space that demands our utmost protection.