Senator Barbara Boxer, California

Issue: Sacred Lands

By K.D. Leperi

Spring 2003

“The Indian Pass area, where the Glamis mine would be located, is listed as one of the eleven Most Endangered Historic Places for 2002 by the National Trust for Historic Preservation   . . . . This property is part of the ancestral homelands of the Pechanga and contains significant cultural, historical, and archaeological resources and sites for both the tribe and the surrounding community.” 

Senator Barbara Boxer (D-CA) along with Senators Ben Nighthorse Campbell (R-CO) and Daniel Inouye (D-HI) authored an amendment to the Interior Appropriations bill, blocking funds involving the Glamis Imperial Corporation’s proposed gold mine in the Indian Pass area of the southern California desert.  The amendment passed the Senate on September 18, 2002 and directs the Department of Interior to set the Glamis permitting process aside for a year.  However, on September 27, 2002, the Administration decided to approve the Glamis Corporation’s mining claims. 

Senator Boxer also authored a provision that protects lands owned by the Pechanga Band of Luiseno Mission Indians, until it can resolve its trust application with the U.S. Department of Interior.  The land is home to the “Great Oak,” the largest oak tree in the United States and standing over 96 feet high and over 1500 years old.

Women in Natural Resources:  Can you explain why the Administration decided to ignore the Senate amendment to the Interior Appropriations Bill that would block funds involving the Glamis Corporation’s open-pit gold mine? 

Senator Boxer:  I am very concerned that the Bush Administration chose to ignore the rights of the Quechan Indian tribe and decided to help the special interests of Glamis Gold Limited, which has ties to the Administration.  Not only did the Administration disregard the amendment, they completely reversed a previous legal decision by the Department of the Interior.  On November 23, 2001, the Department of the Interior suddenly announced it was rescinding a Record of Decision (ROD) issued January 17, 2001 that had denied the proposed Glamis Imperial project in the California desert.  Then, on September 27, 2002, the Department of the Interior issued a report finding that Glamis Gold Ltd. has valid mining claims for the proposed Glamis Imperial project in the California desert.  I am very concerned that this decision, and other decisions leading up to it, were influenced by officials who are too closely linked to Glamis Gold Ltd. and the mining industry to make an unbiased determination.      

Interior’s justification for rescinding the ROD, which had been six years in the making, was questionable particularly because no circumstances had changed on the ground in California.  It is my understanding that representatives of the mining company involved – Glamis Gold Ltd. – met with high level senior officials at Interior to discuss their dissatisfaction with the ROD.   It is also my understanding the representatives of Glamis met with Interior officials just prior to the release of the validity report in September.  Given the strong resistance of 29 members of the California Congressional delegation, the California legislature, and Governor Gray Davis to the mine, it is unclear how or why it would be in the public interest for Interior to release the validity report when it did.   

WiNR:  How is it that Glamis, a Canadian corporation, is able to conduct open-pit mining in the U.S.? 

Senator Boxer:  There are no specific statutes to prevent a foreign company from pursuing mining in the U.S.  Many companies, like Glamis, can evade rules in the 1872 mining law by using their American subsidiaries.  

WiNR:  The proposed mining will take place on 1,600 acres of land in the Indian Pass area, a place considered sacred land to the Quechan Nation and other Colorado River tribes.  Are there no special protections for sacred lands? 

Senator Boxer:  There are a number of Federal laws that provide some measure of protection for sacred sites.  Most recently, President Clinton issued an Executive Order that required Federal agencies to accommodate access to and ceremonial use of sacred sites by Native American religious practitioners when practicable and not clearly inconsistent with essential agency functions.  The order also required the agencies to avoid damage to the physical integrity of the sites.  The American Indian Religious Freedom Act of 1978 also expresses a Federal policy to protect these sacred sites.  However, these and other laws dealing with Native American sacred sites lack teeth – while they express a Federal policy, they generally lack the enforcement authority necessary and do not provide any remedy for tribes to contest agency actions.  The Indian Pass area, where the Glamis mine would be located, is listed as one of the eleven Most Endangered Historic Places for 2002 by the National Trust for Historic Preservation.   

WINR:  Can you tell us more about the Pechanga tribe property purchase of the 724-acre Great Oak Ranch, and why this is considered to be sacred lands? 

Senator Boxer:  This property is part of the ancestral homelands of the Pechanga and contains significant cultural, historical, and archaeological resources and sites for both the tribe and the surrounding community.  The land is home to the largest known naturally growing California live oak tree.  The area also contains tribal burial and spiritual sites.  The passage of my bill to protect the Great Oak Ranch was a result of many attempts through different means to protect sacred land.  This bill will protect the tribe’s land until their land-into-trust application is completed at the Department of Interior. 

WiNR:  Who is trying to condemn the land? 

Senator Boxer:  San Diego Gas & Electric (SDG&E), and its parent company, Sempra, have been attempting to claim eminent domain over the property and build an electricity transmission line through the Great Oak Ranch. The Department of Interior originally decided to put this land into trust for the Pechanga, but SDG&E appealed that decision.  SDG&E has proven its persistence in fighting the Pechanga for this land by many legislative and administrative means, and is not likely to give up the fight now.  

WiNR:  Do you have any further comments on what can be done now and in the future to help preserve our natural legacy and Native American heritage involving sacred lands? 

Senator Boxer:  I will be working with Chairman Campell and Vice Chairman Inouye on the Indian Affairs Committee to pass legislation protecting sacred sites so that tribes can have recourse when one of their spiritual places is threatened by development.  It is also important for people to get involved in their community, and work to protect areas that are threatened.  We must act in cooperation with tribes to protect Native American spiritual heritage and the environment that surrounds us. 

WiNR:  Women in Natural Resources would like to thank you for taking time from your busy schedule to address this important issue involving our nation’s natural heritage.