Big Mountain needs your support. Please send letters to the Navajo
Nation President about our right to save endangered eagles and red
tailed hawks. We ask for your support for us to be able to live under
Navajo Nation jurisdiction and by home rule in our sovereign
communities. We believe that we are Religious Prisoners and seek
Freedom of Religion. A sample letter follows:
President Albert Hale
The Navajo Nation
Box 3000
Window Rock, AZ 86515
e-mail navajonation@igc.apc.org
fax # 520/871-7909
Dear President Hale:
We support the Dine' (Navajo) residents living in the Sovereign
communities of Big Mountain, Cactus Valley, Red Willow Spring, Red Lake
and Teesaytoh, of what was formerly considered Northern and Central Hopi
Partition Land (HPL). We believe that Hopi Tribal Chairman Ferrell
Sekakuku's demand and "Right to practice Hopi Religion" in the gathering
of Eaglets has incensed the Dine' residents.
The golden eagle, which is said to be extinct on Hopi lands in part due
to the capturing of eaglets for sacrifice during ceremonies, now is
becoming more scarce on the Navajo Nation. The golden eagle and the red
tailed hawk are an endangered species protected under federal and Navajo
law. We believe that the Navajo as a people are responsible for
preserving and protecting the sacred eagle's role in the environment and
in maintaining a balanced ecosystem.
We object to the Hopi claim to capture these endangered species We
question their integrity in a failing mediation process when they
publicly state that: "the effects of a continued illegal presence of
Navajos living on Hopi land as a hindrance to their continuing
population". And even though the mediation process arose out of the
Manybeads law suit based on religious freedom, they have consistently
refused to address Dine' religious concerns. This disregard for rights
of Dine' to remain on their ancestral land in this context only seems to
apply to "Hopi rights to Religious Freedom". We question their
expectation that the Navajo Nation and Dine' people respect their right
to religious freedom when they continue to deny Your people their right
to religious freedom.
We make reference to the Hopi Chairman's noted concern that Navajo are
somehow responsible for dwindling eagle and hawk populations due to the
selling of feathers on the Pow Wow circuit. Their Medicine people do
not participate in the eagle pilgrimages. Please respect the voice of
the Dine' Medicine People, the Chapter House Officials and the Dine'
people to protect the endangered eagle and red tailed hawk populations.
We believe that the Hopi Tribal Council has shown disrespect to the
Navajo Nation. And while they state that in order for them to practice
their religion they cannot be subjected to Navajo Nation law, it is also
not possible for traditional Dine' to live under Hopi law and still be
able to practice their religion.
We support the rights of the Dine', who have long been denied religious
freedom. We support their Declaration as Religious Prisoners that seek
asylum with the Navajo Nation. We believe that in order for them to
freely practice their religion that they must live under Navajo Nation
jurisdiction, and by home rule in their sovereign communities. Rather
than focus on what race came first, and whose religion is better, let us
work towards establishing common ground to see what we are offering our
future generations.
We understand and know that there is no unity between the traditional
Hopi religious people and the Hopi Tribal Council, who operates without
the consent of the people, only considering profits obtained by
exploitation of sacred mountain Black Mesa due to mining operations.
And if the Hopi understood the sacredness of Black Mesa they would stop
the use of the illegal and unpermitted coal slurry pipeline that is
contaminating the land and water resources, and is pumping the ground
dry.
What the Hopi Tribal Council is demonstrating in the eaglet controversy
is how they really feel about the Dine' residents continued presence and
right to remain on their ancestral land. What we see is that the Hopi
Trial Council is continuing to deny Dine' residents their right to
religious freedom, while complaining that the Navajo Nation is denying
them their right to religious freedom, while they continue to violate
the human and religious rights of the Dine' people, while they continue
to confiscate the peoples' livestock and wood, conduct surveillance of
the peoples' private homes, deny accessible water by capping, fencing
and dismantling water sources, and by continuing to deny home
improvement and new home construction for over twenty years.
You have stated that the Navajo Nation will stand with the Dine'
resisters. We hope that you will support them as Religious Prisoners
and grant them asylum under Navajo Nation jurisdiction and home rule in
their Sovereign communities. We believe that this is necessary in order
for them to practice their freedom of religion.
Thank you,
cc: Dine' Alliance
PO Box 810
Pinon, AZ 86510
***********************************************************************
Dine' Alliance presented this letter to President Albert Hale on June
14, 1995 at Hardrock Chapter House. We are requesting protection for
endangered eagles and red tailed hawks. We are petitioning the Navajo
Nation for protection of religious freedom and for us to be able to live
under Navajo Nation jurisdiction and by home rule in our sovereign
communities. We believe that we are Religious Prisoners and seek
Freedom of Religion.
DINE' ALLIANCE
BOX 810
PINON, AZ 86510
June 14, 1995
President Albert Hale
The Navajo Nation
Box 3000
Window Rock, AZ 86515
e-mail navajonation@igc.apc.org
fax # 520/871-7909
Dear President Hale:
Dine' Alliance represents residents living in the Sovereign communities
of Big Mountain, Cactus Valley, Red Willow Spring, Red Lake and
Teesaytoh, of what was formerly considered Northern and Central Hopi
Partition Land (HPL). We believe that Hopi Tribal Chairman Ferrell
Sekakuku's demand and "Right to practice Hopi Religion" in the gathering
of Eaglets shows disrespect to the Navajo Nation and the Navajo
religion.
The golden eagle, which is said to be extinct on Hopi lands in part due
to the capturing of eaglets for sacrifice during ceremonies, now is
becoming more scarce on the Navajo Nation. The golden eagle and the red
tailed hawk are an endangered species protected under federal and Navajo
law. We believe that the Navajo as a people are responsible for
preserving and protecting the sacred eagle's role in the environment and
in maintaining a balanced eco system.
We object to the Hopi claim to capture these endangered species We
question their integrity in a failing mediation process when they
publicly state that: "the effects of a continued illegal presence of
Navajos living on Hopi land as a hindrance to their continuing
population". And even though the mediation process arose out of the
Manybeads law suit based on religious freedom, they have consistently
refused to address our religious concerns. This disregard for our
rights to remain on our ancestral land in this context only seems to
apply to "Hopi rights to Religious Freedom". We question their
expectation that the Navajo Nation and Dine' people respect their right
to religious freedom when they continue to deny us our right to
religious freedom.
We make reference to the Hopi Chairman's noted concern that Navajo are
somehow responsible for dwindling eagle and hawk populations due to the
selling of feathers on the Pow Wow circuit. Their Medicine people do
not participate in the eagle pilgrimages. Please respect the voice of
the Dine' Medicine People, the Chapter House Officials and the Dine'
people to protect the endangered eagle and red tailed hawk populations.
And while they state that in order for them to practice their religion
they cannot be subjected to Navajo Nation law, it is also not possible
for us to live under Hopi law and still be able to practice our
religion.
We who have long been denied our religious freedom submit this
Declaration as Religious Prisoners that seek asylum with the Navajo
Nation. We believe that in order for us to freely practice our religion
that we must live under Navajo Nation jurisdiction, and by home rule in
our sovereign communities. Rather than focus on what race came first,
and whose religion is better, let us work towards establishing common
ground to see what we are offering our future generations.
We understand and know that there is no unity between the traditional
Hopi religious people and the Hopi Tribal Council, who operate without
the consent of the people, only considering profits obtained by
exploitation of Black Mesa due to mining operations. And if the Hopi
understood the sacredness of Black Mesa they would stop the use of the
illegal and unpermitted coal slurry pipeline that is contaminating the
land and water resources, and is pumping the ground dry.
What the Hopi Tribal Council is demonstrating in the eaglet controversy
is how they really feel about our continued presence and right to remain
on our ancestral land. What we see is the Hopi Trial Council continuing
to deny us our religious freedom, while complaining that the Navajo
Nation is denying them their right to religious freedom, while they
continue to violate our human rights, while they continue to confiscate
our livestock and wood, conduct surveillance of our private homes, deny
accessible water by capping, fencing and dismantling water sources, and
by continuing to deny us home improvement and new home construction for
over twenty years.
You have stated that the Navajo Nation will stand with the Dine'
resisters. We hope that you will support us as Religious Prisoners and
grant us asylum under Navajo Nation jurisdiction and home rule in our
Sovereign communities. We believe that this is necessary in order for
us to practice our freedom of religion.
Thank you,
***********************************************************************
This letter to the editor was sent to local Arizona newspapers June 13,
1995. Please help e-mail this Letter to the Editor to newspapers in
your communities. Thank you,
LETTER TO THE EDITOR
DINE' (NAVAJO) RESIDENTS DECLARE
THEY ARE RELIGIOUS PRISONERS
For further information please contact:
Date: June 13, 1995
Hopi Tribal Chairman Ferrell Sekakuku's "Right to practice Hopi
Religion" in the gathering of Eaglets has incensed the Dine' (Navajo)
residents of the Sovereign communities of Big Mountain, Cactus Valley,
Red Willow Spring, Red Lake and Teesaytoh, of what was formerly
considered Northern and Central Hopi Partition Land (HPL).
The golden eagle, which is said to be extinct on Hopi lands in part due
to the capturing of eaglets for sacrifice during ceremonies, now is
becoming more scarce on the Navajo Nation. The golden eagle and the red
tailed hawk are an endangered species protected under federal and Navajo
law. We believe that the Navajo as a people are responsible for
preserving and protecting the sacred eagle's role in our environment and
in maintaining a balanced ecosystem.
To bolster the Hopi claim to capture these endangered species they note
"the effects of a continued illegal presence of Navajos living on Hopi
land as a hindrance to their continuing population". What the Hopi
Chairman is showing us by this disregard for our rights to remain on our
land, is that Religious Freedom in this context only seems to apply to
"Hopi rights"
And while the Mediation process arose out of the Manybeads lawsuit based
on Religious Freedom, the Hopi do not respect our religion, continue to
refuse to address our religious concerns, and deny us our religious
freedom.
In response to the Hopi Chairman's noted concern that Navajo are somehow
responsible for dwindling eagle and hawk populations due to the selling
of feathers on the Pow Wow circuit, we note that their medicine people
do not participate in the eagle pilgrimages, but rather their quest is
to gather perfect feathers to use in their costumes.
The Hopi Tribal Council has shown disrespect to the Navajo Nation in
presuming that in order for the Hopi to practice their religion they
cannot be subjected to Navajo Nation law, anymore than it is possible
for us, as traditional Dine', to live under Hopi law and still be able
to practice our religion.
Furthermore, we, the residents of the Sovereign communities of what was
formerly considered Northern and Central HPL, and who have long been
denied religious freedom, declare that we are Religious Prisoners and
seek asylum with the Navajo Nation. We believe that in order or us to
freely practice our religion that we must live under Navajo Nation
jurisdiction, and by home rule in our sovereign community.
We all have roots, but the Hopi claim to be the oldest people in the
world. But it this were true they would be extinct like the Anasazi.
Hopi roots come from the south, possibly the Mayans. The Dine',
Atabascan come from the north. We all live in the world today and
because of the manipulation of the white man, we all hate each other for
what we are and how we pray.
Rather than focus on what race came first, let us work towards
establishing common ground to see what we are offering our future
generations. We are faced with greed and exploitation of our sacred
mountain Black Mesa.
We understand and know that there is no unity between the traditional
Hopi religious people and the Hopi Tribal Council, who operates without
the consent of the people, only considering profits obtained by
exploitation of our sacred land. If the Hopi understood the sacredness
of Black Mesa they would stop the use of the illegal and unpermitted
coal slurry pipeline that is contaminating our land and water, and is
pumping our ground dry. However, the Hopi Tribal Council only concerns
themselves with confiscating our livestock, wood, and continued
surveillance of our private homes.
***********************************************************************
INTERNET--BIG MOUNTAIN--BLOCK THE MINE PERMITS--DEMAND A PUBLIC HEARING
Big Mountain thanks you for your support and e-mail sent to the Denver
OSM and the Navajo Nation. Please send e-mail to ask for a formal
administrative public hearing before OSM makes any decision on Peabody's
Kayenta mining permit. This letter also requests a formal
administrative public hearing to be held on Peabody's Black Mesa mining
permit. A sample letter follows:
Rick Williamson, Project Manager
Office of Surface Mining
1999 Broadway #3320
Denver, CO 80202
e-mail rlwillia@osmre.gov
and
President Albert Hale
The Navajo Nation
Box 3000
Window Rock, AZ 86515
e-mail navajonation@igc.apc.org
RE: KAYENTA MINING PERMIT #AZ-0001C BLACK MESA MINING PERMIT
Dear Sirs:
Peabody Coal Company's Kayenta/Black Mesa mining operations in the Black
Mesa region of the Navajo Nation covers over 103 square miles, making it
the nation's largest mine complex. Inside the mine boundary families
try to continue to live their traditional way of life, grazing, farming
and gathering firewood, food and medicinal plants. However, Peabody
Coal Company has been conducting severely destructive mining operations.
Before the mining the air was clean and good here. But due to excessive
coal dust residents face endangerment to the public health and the
health of their livestock. The air is thick with blowing dust and
Peabody is stripping away trees and topsoil years before mining. By
law, mine operators must not cause unnecessary disturbance, must prevent
air and water pollution, and reclaim the land immediately. Peabody
should not remove trees and soil until they are ready to mine, and be
required to protect endangered mineral and medicinal plant sites. We
request that the J-28 area be exempted from mining as it contains
endangered "clay" deposits and must be protected under the Historic
Preservation Act.
The Black Mesa issue is the first case of environmental justice brought
to the executive branches of the U.S. government since President Clinton
issued an Executive Order on environmental justice February, 1994. This
Executive Order directs all federal agencies to focus on protecting
environmental and human health in low-income and minority communities
and to give the residents access to public information and the chance to
take part in decisions about their environment and health.
We request copies of all changes in the permit that Office of Surface
Mining was to make to protect people living inside the permit boundary
from blast damage, rather than only those outside the permit, but within
1/2 mile of the boundary. We also request copies of all changes in the
stripping distances.
Due to the severity of environmental concerns raised, a formal
administrative public hearing should be held at the Forest Lake Chapter
House. We request that Office of Surface Mining grant temporary relief
and not issue a permit before the outcome of the hearing is known. And
that the date chosen be properly published in the appropriate newspapers
and to residents that attended the informal conference. We also request
copies of documentation on all findings of fact to substantiate the
conclusion/decision of Office of Surface Mining regarding the Kayenta
mine permit.
Office of Surface Mining must also conduct an informal conference/formal
administrative hearing on Peabody's Black Mesa mining permit at Forest
Lake Chapter House. And while we are aware that the mine is presently
operating under an administrative block pending no continued use of the
Navajo aquifer, we request an opportunity to present public comments on
environmental concerns. We believe that local residents are endangered
due to continued drawdown of the Navajo aquifer, toxic contamination of
their land and water resources from use of an illegal, unpermitted coal
slurry pipeline, unlined and excessive coal stockpiles, and forced and
coerced relocation.
Thank you for the opportunity to comment.
***********************************************************************
Dine' Alliance submited this letter to President Albert Hale, The Navajo
Nation at Hardrock Chapter House, June 14, 1995 and mailed to Denver
OSM. This is a request for a formal administrative public hearing on
Peabody's Kayenta and Black Mesa mining permits.
DINE' ALLIANCE
BOX 810
PINON, AZ 86510
June 12, 1995
Rick Williamson, Project Manager
Office of Surface Mining
1999 Broadway Suite 3320
Denver, CO 80202
e-mail rlwillia@osmre.gov
and
President Albert Hale, The Navajo Nation
Box 3000, Window Rock, AZ 86515
e-mail navajonation@igc.apc.org
RE: KAYENTA MINING PERMIT #AZ-0001C BLACK MESA MINING PERMIT
Dear Sirs:
Dine' Alliance represents residents living around Peabody Coal Company's
Kayenta/Black Mesa mining operations. This mine complex covers over 103
square miles, making it the nation's largest. Inside the mine boundary
many of us try to continue to live our traditional way of life, grazing,
farming and gathering firewood, food and medicinal plants. However,
Peabody Coal Company has been conducting severely destructive mining
operations. Before the mining the air was clean and good here. But due
to excessive coal dust we face endangerment to our health and the health
of our livestock. The air is thick with blowing dust and Peabody is
stripping away trees and topsoil years ahead of mining operations. By
law, mine operators must not cause unnecessary disturbance, must prevent
air and water pollution, and reclaim the land immediately. Peabody
should not remove trees and soil until they are ready to mine, and be
required to protect endangered clay, mineral and medicinal plant sites.
The Black Mesa issue is the first case of environmental justice brought
to the executive branches of the U.S. government since President Clinton
issued an Executive Order on environmental justice February, 1994. This
Executive Order directs all federal agencies to focus on protecting
environmental and human health in low-income and minority communities
and to give the residents access to public information and the chance to
take part in decisions about their environment and health.
We request copies of all changes in the permit that Office of Surface
Mining was to make to protect people living inside the permit boundary
from blast damage, rather than only those outside the permit, but within
1/2 mile of the boundary. We also request copies of all changes in the
stripping distances.
Due to the severity of environmental concerns raised, Dine' Alliance
requests a formal administrative public hearing at Forest Lake Chapter
House. We request that the Office of Surface Mining grant temporary
relief and not issue a permit before the outcome of the hearing is
known. And request that the date chosen be properly published in the
appropriate newspapers in addition to all residents in attendance at the
informal conference.
We also request copies of documentation on all findings of fact to
substantiate the conclusion/decision of Office of Surface Mining
regarding the Kayenta mine permit.
Dine' Alliance requests that the Office of Surface Mining also conduct
an informal conference/formal administrative hearing on Peabody's Black
Mesa mining permit at Forest Lake Chapter House. And while we are aware
that the mine is presently operating under an administrative block
pending no continued use of the Navajo aquifer, we request an
opportunity to present public comments on environmental concerns. We
believe that we are endangered due to continued drawdown of the Navajo
aquifer, toxic contamination of our land and water resources from use of
an illegal, unpermitted coal slurry pipeline, unlined and excessive coal
stockpiles, and forced and coerced relocation.
Please respond to our concerns in writing.
Thank you for the opportunity to comment.
**************************************************************************
Dine' Alliance delivered this letter to Denver OSM at the informal
conference held at Forest Lake Chapter House on June 10, 1995 and
delivered it to President Albert Hale, The Navajo Nation at Hardrock
Chapter House on June 14, 1995. Please include this information in your
e-mail.
DINE' ALLIANCE
BOX 810
PINON, AZ 86510
June 10, 1995
To: native-l@gnosys.svle.ma.us
Office of Surface Mining
1999 Broadway, Suite 3320
Denver, CO 80202-5733
e-mail rlwillia@osmre.gov
fax #303/672-5641
To: native-l@gnosys.svle.ma.us
The Navajo Nation
Box 3000
Window Rock, AZ 86515
e-mail navajonation@igc.apc.org
fax# 520/871-7909
RE: ADDITIONAL COMMENTS FOR KAYENTA MINE PERMIT APPLICATION #AZ0001C
Dear Sirs:
We wish to formally submit these additional comments regarding the
Kayenta Mine Permit Review Application #AZ0001C to be included in all
applicable records.
Surface and ground water are drying up and being polluted as a result of
mining operations due to top soil removal and stockpiling due to
improper stripping distances and top soil storage. Section 515 (b) (5)
and (6) of the Surface Mining Coal Reclamation Act of 1977 states:
"That stockpiling of topsoil materials for lengthy periods creates
deterioration." We wish to be kept informed in writing of changes in
the status of your investigation to ensure that Peabody is required to
maintain proper stripping distance and not conduct excessive stripping
years in advance of where they are mining.
We require that Peabody conduct a door-to-door survey with all residents
living in the lease area and in the affected areas outside the lease
boundaries. This survey should assess were residents get their water
now and where their livestock are drinking. These sites must also be
assessed for present and past use, noting all changes in both water
quality and quantity. We request implementation of water replacement as
indicated by the U.S. Department of the Interior Office of Surface
Mining Reclamation and Enforcement Directives System "Water Replacement"
dated 10/19/88 and the Surface Mining Coal Reclamation Act dated 1977.
And we wish to note that water replacement miles away from its original
source is not acceptable.
We request that all water sources remaining, used by local residents for
their livestock, be tested and monitored for selenium, copper and other
toxic forming substances. We also request that this investigation
include the inter-active toxicological effects of selenium, copper and
other heavy metals. Also a full geophysical study needs to be done
pertaining to possible contamination of regional aquifers and water
basins.
Certain medicinal plants and culturally significant clays found only on
Black Mesa are being eradicated, thereby destroying and endangering
residents ability to conduct traditional spiritual and healing
ceremonies. We request that the J-28 area be preserved. This is the
only site we have to collect "chi" (a soft red clay) that we use for
ceremonial purposes and as a medicine. We also use this "chi" as a
sunscreen. If this site is mined the "chi" will become extinct. We
request that Peabody not be allowed to mine this area and that it be
preserved under the Historic Preservation Act.
We request a copy of Peabody's planting plans to ensure that native
species plants, medicinal plants and trees that originally grew in the
mining areas are re-planted in the reclaimed areas. We see no trees and
request that juniper and pinon be planted. We don't want it to look
green, if this means that it is taking up water and food for plants that
would be better for animals to eat. We also want to ensure that
selenium accumulator plants are not planted in the reclaimed areas;
particularly Indian Rice Grass and Snakeweed. Dr. Jack States notes in
his memorandum "Statement regarding selenium as a potential and current
environmental hazard within the Peabody Coal Co. lease on Black Mesa,
Arizona", dated October 22, 1994: "In earlier research in the vicinity
of Black Mesa (Environmental Impact Studies of the Navajo and
Kaiparowits Power Plants, 1974 Vol.1), our research team verified the
presence of selenium in native vegetation at non-toxic levels (1-3ppm).
These levels were greater than in the soil and were high especially in
Snakeweed and Indian Rice Grass. Dr. David Love, of the U.S.
Geological survey, and an authority on selenium toxicity recently
reported that nowhere was the threat of selenium toxicity greater than
"on the reservations of the Navajo, Hopi, and Apache Indians in Arizona,
60 percent of whose lands are pocked with outcroppings of seleniferous
formations that are "actively or potentially dangerous". The
reservation in New Mexico is similarly afflicted. "It is no wonder that
the economy of these peoples is in terrible condition and their health
and that of their livestock is poor. The government has poured hundreds
of thousands of dollars into their support, yet it has totally
disregarded the fact that more than half of the land allocated to them
is now or probably will become poisonous."
Due to this we request that OSM investigate mine permit plans for
Peabody to ensure that Indian Rice Grass, Snakeweed and other selenium
accumulators are not included in mining plant plans in the reclaimed
areas. Peabody must be required to pull up all selenium accumulators
that are presently seeded in the reclaimed areas. We furthermore
request that OSM investigate all mine planting plans in the states of
Arizona and New Mexico be reviewed to ensure that they are not included
in mine planting plans for Northern Arizona and New Mexico, as they are
noted for greater selenium toxicity. And as Dr. States notes: "mining
stirs it up, in areas where they grow, making the toxicological effects
much worse." A former Ranger recently stated that "Rangers in the Four
corners area are telling tourists of dangerous levels of selenium,
particularly in the Chinle Formation and the Morrison Area."
We request that OSM stop Peabody from creating huge coal stock piles.
We request that OSM investigate our concerns about excessive dust and
leachades from the piles. We want to know why OSM allows these piles to
be so big and want mining practices to be altered, leaving much of this
coal in the ground until needed. Peabody must not be allowed to overrun
capacity. We request that air quality monitoring stations be set up
around all stock piles. We also request that water tests be done and
monitored, as there is no evidence to show no leachades, and no ground
water contamination. And due to this we request 100% containment of all
unlined coal stock piles.
We request that local residents have an opportunity to review all
locations for replacement of air quality monitoring stations on both the
Kayenta and Black Mesa mine and information about the upgrading of air
quality monitoring stations on the Black Mesa mine.
We appeal OSM's decision on the Right-To-Mine. It remains our position
that neither Peabody Coal Company nor the Navajo Nation has the right to
drive the people from their homes. The people who happen to reside in
the permit area own their homes, though the homesite is held in trust by
the Navajo Nation. At no time have these people given up their right to
the structural integrity of their property or their right to enjoy the
other usual benefits of having a house. We have concerns that Peabody
never obtained the Right-of-Entry and that Peabody never had the right
to relocate under its lease. The lease states: "Peabody may occupy
that portion of the leased lands necessary to carry on mining operations
including the right of ingress and egress. The lease requires Peabody
to obtain permission from and to provide compensation for individual
Navajo tribal members for damage improvement, customary use and grazing
in the mining area." They have no right to mine until these obligations
are met under SMCRA. Peabody does not have the right to mine unless
they already made these arrangements. Therefore chunks of mining
operations are not valid, and many people relocated without knowing
their rights and were never compensated. OSM should never have granted
any permit to Peabody for its operation. In order to give a mining
permit Peabody needed the right to mine. And under SMCRA it states that
no one is to be relocated for coal mining purposes. Otherwise OSM is
guilty of taking away the constitutional rights of the individual. we
want a full investigation of Peabody's original right to mine and
relocation of people done illegally under SMCRA. It also states in the
original lease and in the lease amendments Peabody in addition to having
to obtain permission from the Navajo Tribal Council and the Hopi Tribal
Council needed the individuals permission. Peabody did not do this.
Peabody must stop harassing residents to relocate, denying them the
ability to build new homes as needed if they refuse to relocate.
Peabody must stop threatening residents that if they do not relocate
that their children working at Peabody will loose their jobs.
Peabody must not discriminate against employees that voice their
environmental concerns and provide SMCRA handbooks to all employees
explaining their rights. Peabody must stop relocating burial sites and
bulldozing human remains. Residents must be informed that they have the
right to not have their burial sites relocated. We request
implementation of the American Grave Protection Act and the Navajo Grave
Protection Act.
OSM must investigate broken promises by Peabody to local residents that
have relocated; including their failure to build homes, provide good
roads, ramps for handicapped, and provide adequate water sources. And
what about the rights of the children to be able to build houses of
their own.
Denver OSM must stop maintaining two (2) sets of records and stop
pressuring Albuquerque OSM to pull letters from their public files. We
request copies of the following:
--the 3/29/94 letter from Peterson Zah, President of the Navajo Nation,
to Bruce Babbitt, Secretary of the Interior (approximately 32 pages).
--the 5/9/94 letter to Bob Armstrong, Assistant Secretary for Lands and
Minerals, from the Arnold and Porter Law Firm. Re: Black Mesa Slurry
Line.
---the 6/9/94 letter to Bruce Babbitt, Secretary of the Interior, from
Peterson Zah, President of the Navajo Nation. Re: Department of
Interior's position on Little Colorado River and Black Mesa Permit.
--all Right-of-Way Agreements for the coal slurry pipeline signed
between Peabody and the Navajo and Hopi Tribal Council.
We support the joint Public Employees for Environmental Responsibility
(PEER)/Citizens Coal Council (CCC) letter to the Inspector Genera Wilma
Lewis, U.S. Department of Interior which sates that: "OSM has no
authority to use a dual-filing system to avoid compliance with the
Freedom of Information Act. The Surface Mining Coal Reclamation Act
which created OSM grants authority to withhold documents from public
disclosure only under four circumstances, specifically: citizens'
complaints when the complainant asks for confidentiality;
attorney-client privileged correspondence; pre-decisional documents; and
coal chemistry data. The Interior Department never grated OSM authority
to engage in wholesale "classification" of documents. And OSM-WSC must
stop pressuring OSM personnel to alter, add to, or destroy records
dealing with questionable permitting and enforcement decisions on coal
mines on Native lands."
We request that OSM respond to all points raised in this and the
previously submitted public comments RE: KAYENTA MINE PERMIT
APPLICATION #AZ0001C. Thank you for the opportunity to submit these
documents.