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Rep. Ben Ray Lujan drops proposals to address tribal rights-of-way issues

Wednesday, July 13, 2016

A view of Black Mesa at San Ildefonso Pueblo in New Mexico. Photo by Em-jay-es via Wikipedia

Efforts to modernize the rights-of-way system at the Bureau of Indian Affairs and resolve a tribal trespassing dispute were withdrawn on the floor of the House on Tuesday.

Rep. Ben Luján (D-New Mexico) had prepared two amendments, numbered 5 and 6, as part of debate on H.R.5538, the fiscal year 2017 Interior appropriations bill. But he agreed to hold off on both proposals after discussions with key Republican and Democratic colleagues.

One amendment would have directed $1 million within the BIA budget to require the agency to update and digitize its rights-of-way records and to make them publicly available in a commonly used mapping format. The National Congress of American Indians and other inter-tribal organizations have supported such an effort.

"This information should be readily available," Luján said on Tuesday. "This is simply unacceptable that the information is not being provided and especially with the trust responsibilities of the Bureau of Indian Affairs has to tribes."

Luján pointed out that similar language was proposed for inclusion in a national highway reauthorization bill but never made it into H.R.22, the Fixing America's Surface Transportation (FAST) Act. Rep. Ken Calvert (R-California), who serves on the powerful House Appropriations Committee, promised to help address the matter in a "non-partisan" manner with Rep. Betty McCollum (D-Minnesota), another committee member.

Indianz.Com SoundCloud: Rep. Ben Ray Lujan (D-New Mexico) on Rights-of-Way in Indian Country

Luján's other amendment also involved money but was somewhat controversial. It would have required the BIA to spend $1 million to resolve rights-of-way issues on Pueblo lands in New Mexico.

The provision was primarily aimed at addressing a trespassing dispute involving San Ildefonso Pueblo in New Mexico. The tribe and the BIA have both accused Santa Fe County of failing to secure rights-of-way for roads that run through the reservation.

The issue has affected local residents and Luján said they are facing financial, legal and other problems because title to their properties has been placed under a cloud. He insisted that the BIA could help clear up the matter by adjudicating easements on Pueblo lands.

"The fabric of these communities is being torn apart. That's why I felt compelled to offer this amendment," Luján said before formally withdrawing the proposal. Again, Calvert vowed to work with Luján and McCollum on the issue.

Forcing the BIA to take action could have affected a lawsuit that residents have filed against the BIA. It also could have impacted another rights-of-way dispute in which the Obama administration has accused the city of Española of trespassing on Santa Clara Pueblo.

Separately, Luján is working on a draft bill to address rights-of-way issues in Indian Country, a copy of which was posted by Turtle Talk. His office has asked for comments by the end of this week, according to the post.

The BIA finalized a rights-of-way regulation in March after numerous delays, marking the first effort at modernizing the system in 30 years.

Federal Register Notices:
Rights-of-Way on Indian Land (March 21, 2016)
Rights-of-Way on Indian Land (December 21, 2015)
Rights-of-Way on Indian Land (November 19, 2015)
Rights-of-Way on Indian Land (November 4, 2014)
Rights-of-Way on Indian Land (October 8, 2014)
Rights-of-Way on Indian Land (August 13, 2014)
Rights-of-Way on Indian Land (June 17, 2014)

Relevant Documents:
Energy Policy Act of 2005, Section 1813 Indian Land Rights-of-Way Study (May 2007)