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Case Digest Spring
2003 New Mexico and Arizona: Construction
of Fence Lake Mine
New Mexico and Arizona: Construction
of Fence Lake Mine
Agencies: Bureau of Land Management
and Office of Surface Mining
As reported
in the Spring 2002 Case Digest, the proposed construction
of a large New Mexico surface coal mine and railroad corridor to
transport coal to an Arizona generating station could affect hundreds
of archeological sites and traditional cultural properties significant
to Indian tribes, including the Zuni Salt Lake Sanctuary Zone.
Despite strong
opposition to the project by participating Indian tribes, a Programmatic
Agreement (PA) for the project was executed in 1993. Under the agreement,
the Bureau of Land Management is required to develop a Traditional
Cultural Properties treatment plan with the PA’s consulting parties.
Of particular
significance to the tribes, especially the Pueblo of Zuni, is the
182,000-acre Zuni Salt Lake Sanctuary Zone. Because of the size
and significance of the sanctuary zone, development of the treatment
plan has been slow and, at times, contentious. Recent consultations
on this and proposed amendments to the PA, however, are nearing
a positive conclusion.
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In May 2002, despite continued opposition from interested Indian tribes,
the U.S. Department of the Interior (DOI) approved the mining plan for
the Fence Lake project Federal leases. The approval was conditioned on
a number of measures to protect the Zuni Salt Lake and other historic
properties.
Zuni Salt Lake Traditional Cultural Property, NM
(photo courtesy of Bureau of Land Management)
To protect water levels in the lake, the Federal mining plan restricts
the mining company from using certain aquifers that feed the lake, and
requires pump tests and monitoring of approved aquifers. Other conditions
include completion of a Traditional Cultural Properties (TCP) treatment
plan per the terms of the PA; consultation regarding any discovered historic
properties or human remains; and development of a cultural resources awareness
program for Fence Lake Mine workers.
In autumn 2002, the Pueblo of Zuni governor met with DOI officials to
discuss Federal enforcement of the conditions and the tribes desire
to participate in the design of one of the aquifer tests, and DOI agreed
to consult with the tribe regarding the aquifer tests on a government-to-government
basis.
Concurrent with the meetings regarding protection of the water levels
in the Zuni Salt Lake, the Bureau of Land Management (BLM) drafted and
circulated revised drafts an amended PA and the TCP treatment plan among
the projects consulting parties. The proposed amendments, which
are intended to address issues raised by the Pueblo of Zuni, have been
relatively non-controversial.
A lack of consensus on the TCP treatment plan, however, lead the ACHP
to facilitate a two-day working session in January 2003 in
Albuquerque, New Mexico, among the mining company, the Pueblo of Zuni,
and the State and Federal agencies. The meeting helped clarify the Zunis
concerns and provided direction for finalizing the TCP treatment plan.
The participants agreed to revise the TCP treatment plan to address cultural
awareness training, access to the mine area for tribal members to collect
plants and minerals of traditional value, access to religious sites, tribal
involvement in archeological site mitigation, and specific treatment measures
for recognized TCPs in the area proposed for mining.
The participants concurred that the measures that protect the water in
Zuni Salt Lake were beyond the scope of the TCP treatment plan, and that
the Federal and State permitting agencies will work with the Pueblo of
Zuni, as agreed, to address the lakes water level and quality.
Based on the information gleaned from the session, BLM circulated a revised
draft TCP treatment plan, which was commented on by all interested parties
and is expected to be finalized in May 2003 when the mining company is
scheduled to begin the project. BLM also continues to work with the Indian
tribes to coordinate field visits to the project area.
For background information on this case, see the Spring 2002 Case
Digest at www.achp.gov/casearchive/.
Staff contact: Carol
Legard
Posted
August 15, 2003
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