Commentary: Don’t believe John Curtis — he’s never consulted with Utah tribes on the future of Bears Ears

We are dismayed by Rep. John Curtis’ continued defense of his bill (H.R. 4532) to legislatively confirm the president’s unlawful action rescinding and replacing the Bears Ears National Monument.

His Jan. 20 Salt Lake Tribune commentary titled: “Contrary to false claims, my bill empowers Utah’s local tribes” is itself a false claim.

We are the “local tribes” and Curtis never consulted with us. His bill all but eliminates our voice.

The “local tribes” Curtis falsely refers to are individual tribal members cherry-picked for their support of his bill. These are not “local tribes.” These are private citizens expressing their opinion. They do not represent the views of the federally recognized tribal governments whose ancestral lands, cultural resources and sacred sites are protected by the original Bears Ears National Monument.

Curtis’ false claims of “local tribes” is an attempt to disrupt our tribal governments and attack our sovereignty, and they conflict with the United States’ policy of tribal self-determination and violate the federal government’s treaty, trust and government-to-government relationship with our federally recognized tribes.

Curtis also makes the claim that his bill leaves “the Bears Ears Commission intact — exactly as it was structured under President Obama’s proclamation,” but his bill would legislatively confirm Trump’s unlawful action to reduce the monument by 85 percent, reduce the commission’s input to just 10 percent of the land base protected by Bears Ears National Monument and bury the commission under a management council that is dominated by the same state and local interests who have repeatedly called for the elimination of Bears Ears National Monument.

This is an inappropriate return to the discredited policies of the 1800s, when the United States would divide tribes and pursue its own objectives by designating their choice of tribal representatives with which the United States would negotiate. This bill stands in the way of progress and cooperation that benefits Bears Ears, the region and the state of Utah.

We have a long history of struggling to be heard by the Utah congressional delegation on Bears Ears. Leading up to the 2016 designation of Bears Ears National Monument, we attempted to work with Reps. Robs Bishop and Jason Chaffetz, only to have the ideas and concerns of our sovereign nations brushed aside or ignored entirely. President Barack Obama acted to create Bears Ears only after Bishop’s Utah Public Lands Initiative failed, and Obama used boundaries nearly identical to the lines Bishop drew in his bill to protect Bears Ears. Now, Curtis wants to walk back the Utah delegation’s plan to give us even less.

We were optimistic that John Curtis’ election would provide an opportunity for a much needed reset with the Utah delegation. Curtis offered the promise of his own history in politics — to be a problem solver and someone who listens. By introducing his bill to codify President Trump’s unlawful actions rescinding and replacing Bears Ears just minutes after Trump signed his proclamation, without contacting or consulting any of our tribes, Curtis continues a long pattern of disregarding and disrespecting our tribes.

The Bears Ears National Monument was designated to protect countless archeological, cultural, and natural resources — all of which are well within the meaning of the Antiquities Act. The monument is also a celebration of tribal voices, cultures and sacred sites, all containing timeless volumes of tribal knowledge that we intend to foster and share to promote well-being in our tribal communities, southeastern Utah, and the United States.

If Curtis is serious that he wants to “provide a path forward to bring both sides together to resolve this issue,” he needs to withdraw his bill, and serious consultation with our tribes must actually begin. His announcement in the Washington Examiner on Jan. 22 that he has made a concession to our five tribes is news to us. None of us has seen this supposed concession, and it was not made in consultation with any of our nations.

Trading op-eds and making statements to the media without actually working with our nations utilizing our government-to-government relationship is no way to craft public policy. We look forward to Curtis’ actions matching his rhetoric.

Navajo Nation Council Delegate Davis Filfred and Ute Indian Tribe Business Committee Member Shaun Chapoose represent a coalition of five tribes (Navajo, Hopi, Ute, Ute Mountain Ute, and Zuni) united to defend Bears Ears National Monument.