ACTION ALERT | SENATE LAND SALE PROVISION THREATENS TRIBAL SOVEREIGNTY & SACRED PLACES
The US Senate Is Currently Debating A Proposed Mandatory Disposal Of Bureau Of Land Management (BLM) And US Forest Service Land, Which Threatens Sacred Places & Tribal Sovereignty.
The proposal requires the BLM and the Forest Service to identify and sell from two million to more than three million acres of public lands. Those lands must be within the states of Alaska, Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
The bottom line: Despite the fact that Native American Sacred Sites are integral to the lands managed by the Forest Service and BLM, 1) Tribal Nations will lose access to even more of their ancestral lands and sacred places; 2) There is no guarantee of protection of their sacred places; 3) They are effectively cut out of the process of determining what lands are sold; 4) They are denied right of first refusal to their ancestral lands and sacred places; 5) They will reap none of the benefits of these land sales; and 6) The provision – which is being hailed as an answer to the crisis of housing affordability – has nothing to do with making housing cheaper.
NATHPO is urging THPOs and Tribal leaders to contact their Senators and oppose this legislation, with a particular focus on the states where these land sales will take place – Alaska, Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. If you have questions or want assistance connecting with Senators’ officers, please contact NATHPO Government Affairs Coordinator Ted Monoson at Ted@NATHPO.org.
Here's what you need to know:
1) Tribal Nations will lose access to sacred places
All or part of every parcel of national forest and BLM lands are carved out of ancestral Native American land. Native Americans’ historical and spiritual connection to the land has not been extinguished despite changes in title. Native Americans continue to access federal lands to practice their religion, conduct ceremony, gather medicines and cultural resources, exercise treaty rights, and much more. Under this proposal, Native Americans will be forcibly shut out from accessing their ancestral homelands once public lands are transferred out of public hands.
2) Indigenous sacred places receive no protection
While the provision exempts national monuments, wilderness areas, and units of the National Park Service, the provision permits the sale of public lands that encompass Tribal Traditional Cultural Places, Native American sacred places, Native American grave sites and cemeteries, public lands located within an Indian Reservation, lands subject to Tribal Government land claims, wilderness study areas, inventoried roadless areas, or Areas of Critical Environmental Concern, which are excluded from disposal under current law.
3) Tribal Nations are effectively locked out of the process to determine what lands to sell.
Under the proposal, 60 days after enactment and every 60 days after, the Secretaries of the Interior and Agriculture are required to publish lists of parcels identified for disposal. The Secretaries must directly identify parcels for sale, as well as consider nominations of parcels by other entities.
It establishes a process for potential purchasers, states, and units of local government to nominate land for sale – with those parcels receiving priority consideration for Sale. But that process excludes any input from Tribal governments. It includes a consultation requirement with states, local governments, and “applicable” (undefined) Tribes. That murky “applicable” status provides no guarantee that the Secretaries will include and engage in meaningful consultation with Tribal Nations whose ancestral lands and sacred places are affected by the land sales.
4) Tribes are denied right of first refusal to THEIR ancestral lands and THEIR sacred places
The proposal excludes Indian Tribes from a provision that provides states the right of first refusal to purchase lands identified for sale, but it does offer a right of first refusal to state and local governments.
5) Tribes will reap next to no benefits from the land sales
Under the proposal, Ninety percent of proceeds will be directed to the Treasury. Five percent will go to the local government where the land is sold. Five will go to deferred maintenance projects for the land agencies in the state where the land is sold. Tribal governments, the aboriginal stewards of these lands, receive no benefit.
6) This proposal has nothing to do with making housing cheaper
Despite being hailed as an answer to the housing affordability crisis, the proposal is not about making housing cheaper. Public lands are to be sold for housing and the expansive term “associated community needs.” However, the definition of “community needs” is left to broad discretion of the Secretary, which could include AI data centers, ski areas, golf courses, consolidation of large ranches for billionaires. There is no requirement land sales be non-commercial. There is no requirement that the housing developed on lands purchased under the bill be affordable. There is no requirement for a certain number of housing units per acres purchased.
Moreover, while the proposal initially requires that the title to land sold will come with a restrictive covenant requiring its use for the purpose described when the land was included on the Secretary’s list of lands for sale, that covenant is only in effect for 10 years after the date of sale and does not prevent the property from being re-sold. This means after 10 years, the land is free of all restrictions and can be used for any purpose. |
