State oil and gas, mining ban around Chaco Canyon extended by 20 years

New Mexico’s public lands commissioner on Thursday announced a 20-year extension of the state’s ban on new oil, gas and mineral leases around Chaco Canyon.

It mirrors a similar federal ban around the Chaco Culture National Historical Park that was met with controversy from some Navajo communities over the summer.

Commissioner Stephanie Garcia Richard’s newly announced extension continues the moratorium she started in 2019, covering 72,776 acres of state trust land surrounding Chaco. It will be in effect until Dec. 31, 2043.

Garcia Richard also has previously committed to extending the moratorium indefinitely.

She said at a virtual news conference Thursday that the moratorium originated with input from tribal leaders, members and advocates. Current and former tribal officials from Pueblos and nations at the conference applauded the commissioner’s move.

Jerome Lucero, vice chair of the All Pueblo Council of Governors and former Zia Pueblo governor, said Chaco is not just important but sacred for many tribes, Pueblos and nations. He said the state has been consulting more and more with tribal communities, in contrast to a historical lack of inclusion.

“Today is another historic day across Indian Country,” he said.

Lucero said people have a responsibility to take care of the land, not just for themselves and their families, but also for future generations. Environmental advocates also have voiced their support for the oil, gas and mining moratoriums in the region.

As different areas of New Mexico received rain and snow Thursday morning, former Navajo Nation Council member Daniel Tso said it made him emotional, citing blessings of moisture to the land.

“Certainly that’s acknowledgement from the greater holy beings: yes, this is a landmark historic moment to be able to preserve portions of the Greater Chaco landscape,” he said.

Rachel Lorenzo, State Land Office tribal liaison and Laguna Pueblo member, said the office isn’t required by law to consult with the tribes, but as the office manages millions of acres of land, “we have to acknowledge that the land was stolen.” She said the State Land Office hadn’t acknowledged that before this administration.

Lorenzo said the office hopes to implement a tribal consultation policy by the end of Garcia Richard’s second term, which is 2027.

“We really wanted to let tribes know not only do we acknowledge the history, the violent colonial history of the State Land Office and its relationship between tribes and the lack of legal requirements to even bring in tribes knowledge of the landscape,” Lorenzo said, “but that’s been one of our focuses at the land office the last five years.”

Garcia Richard also mentioned the Cultural Properties Protection Rule implemented in December 2022, which requires surveys to be conducted before ground disturbances can occur on state lands. More than 80% of state lands in the Greater Chaco Region still haven’t been surveyed for cultural properties, according to the State Land Office.

“That is a priority of this office, a commitment that we have made to ensuring that the cultural resources in this area are protected,” Garcia Richard said, “and this is our way of doing it.”

The federal ban

The U.S. Interior Department announced its 20-year oil, gas and mining moratorium in early June, covering about 340,000 acres of federal land.

Francis Johnson, Acoma Pueblo tribal secretary, credited Garcia Richard for spurring the federal ban.

“She has set a powerful precedent and a true example for government collaboration,” he said.

But the Interior Department’s announcement was met with protest. When Interior Secretary Deb Haaland, who is a member of Laguna Pueblo, traveled to New Mexico for a celebration of the moratorium in June, some Navajo Nation allottees deterred the event by setting up a barricade blocking anyone from traveling into Chaco Canyon.

Neither the state nor federal ban affects allottee land. Lucero affirmed that when he spoke Thursday and said allottees still can maintain mineral development or explore future opportunities.

Garcia Richard said the same. She said the State Land Office has no jurisdiction over allottee land, and current oil and gas activity isn’t affected.

“What we are really looking at is trying to decrease the encroachment of that activity,” Garcia Richard said.

Mario Atencio is the vice president of Torreon/Star Lake Chapter of Navajo Nation and a former staff member of Diné Citizens Against Ruining our Environment. Atencio, a Navajo Nation member, was also at the protest over the summer, though not a participant.

As someone whose family has allotments, Atencio said he supports the moratoriums. He said Chaco Canyon stands at the core of cultural sovereignty.

“The Diné people, especially allottees, have a direct connection to all of the sites,” he said

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