2007 November/ December Rio Grande Sierran

San Juan County Faces Legal Challenges About The Chaco Road

The Environmental Assessment (EA) for CR7950, the road into Chaco Culture National Historical Park, has begun, and letters written by the State Historic Preservation Officer (SHPO), Katherine Slick, and by the Hopi Tribe raise serious questions about the legality of the ongoing project. The August 20, 2007 letter from the SHPO to the New Mexico Department of Transportation (NMDOT), and the August 27, 2007 letter from the Hopi Tribe to the Federal Highway Administration contain charges and questions that must be answered as San Juan County presses forward in its attempt to pave the Chaco road.

The many issues raised by the actions of San Juan County and the NMDOT can seem daunting. In her letter to the NMDOT, the SHPO herself admits to finding herself “confused and asking questions.” The letter from the SHPO seeks to clarify who owns the land in the projects, whether the County has Right of Way, whether the initial projects were federal undertakings, why San Juan County did not obtain SHPO clearance as required by state law, why adequate tribal consultation did not take place, whether the initial work was for three or four miles, and whether SJC intended to chip seal all 16 miles from the beginning.

The Hopi Tribe’s letter mirrors the concerns of the SHPO, but with the added importance of a Pueblo people who have long held Chaco sacred. The Hopi Tribe consider Chaco to be the “Place Beyond the Horizon”, and they claim Chaco as a Traditional Cultural Property. Central to the Hopi charges is the fact that tribal consultation as required by state and perhaps federal law did not take place, that the project from the beginning may be a federal undertaking and therefore non-compliant with the National Environmental Protection Act, National Historic Preservation Act, and the Native American Graves Protection and Repatriation Act, and that lack of consultation with the SHPO makes it “clear that this ongoing project is non-compliant with state law”. The Hopi Tribe also express concern about the effects of increased visitation on Chaco, saying, “it must be determined if the infrastructure at Chaco can support any increased visitation, much less international bus tours from Albuquerque International Airport “ They add, “we believe an Environmental Impact Statement is required,” and they voice support for a buffer zone around Chaco.

Recent newspaper articles continue to cite safety and the Navajo who live near the canyon as reasons for the road paving. San Juan County has yet to provide any safety statistics to support their contention. Scrutiny of the initial request for funding for the road indicates that far from being a Navajo request, it came from San Juan County in an effort to promote tourism and to make access to the region easier for oil and natural gas exploration. The Cimarex Corporation has scheduled seismic exploration for natural gas reserves on a thirty-six square mile plot three miles from Chaco Culture National Historical Park.

Public input is being solicited as part of the EA process. Please write John Taschek, Taschek Environmental, taschek@aol.com or Greg Heitmann, Federal Highway, greg.heitmann@fhwa.dot.gov and tell them to address the SHPO and Hopi concerns. Urge them not to pave and to instead support improvements like good fencing, good signs, and good maintenance. In addition, this project warrants complete evaluations of all energy development projects currently proposed for the immediate Chaco area. Visit the Chaco Alliance at dont-pave-chaco.com, the San Juan Citizens Alliance at sanjuancitizens.org, or the new blog at protect-chacocanyon-blog.com for information about the upcoming November public meeting. Thank you for your support in protecting this pristine World Heritage Site.

Anson Wright
Coordinator, the Chaco Alliance