Consulting with Indian Tribes: The Topock Remediation Project Transcript As assistant field manager in the Lake Havasu Field Office, we interact with a number of tribes in this area. One of the things that I do is I've been assigned to a number of projects that I work with them directly, one being the Topock Remediation Project. And in that, my first approach, and with me being relatively new to the area, I've been taking the time to learn the history of the project, as well as do what I can to learn the perspective with the tribes. The Topock Remediation Project is a project where we're cleaning up a chemical contaminate in the groundwater near the Colorado River. It's about 10 miles south of Needles, California on the California side of the Colorado River. Right next to Arizona and Nevada, in that area where all three of those states come together. One of the things that makes this project very sensitive is that it lands right within the middle of a very large and very sacred site having to do with the local Native American tribe in this area. The way that the BLM got involved with it is that we have primary control over the majority of the land mass where the project is taking place. So the Department of Interior assigned us as the lead representing the Bureau of Reclamation and the US Fish and Wildlife Service for Cultural Resources. And we use all of those tools and work together to help determine what the landscape looks like and how we can best use 106 consultation to responsibly take care of this area. The BLM's main responsibility for this project is Section 106 of the National Historic Preservation Act. Section 106 fervently incorporates tribal consultation into compliance work. We obviously have other laws that we follow, like AIRFA, American Indian Religious Freedom Act, Executive Order 13007, which are federal responsibilities. And they all come into play on this project. We have a programmatic agreement that is geared to this project. But it follows 106. And every page of it will refer to the tribal role in this project. And they are involved in almost every aspect of it. We have nine tribes that we began consulting with. At this point in time, there's six that are active. That's the Fort Mojave, the Cocopah Indian tribe, the Chemehuevi Indian Tribe, the Hualapai Indian Tribe, and Colorado River Indian Tribes. And then the Yavapai Prescott is not real involved, but they want to stay involved in a limited role. So those are the ones that we consult with on a regular basis. As a field manager, I have a unique perspective. I get the opportunity to work with Tribal Historic Preservation Officers directly with tribal council members and tribal chair persons or presidents. And I have correspondence and regular meetings where we get 1 to build relationships. This project is a difficult project, something that needs to be done, and it could have a lot of pitfalls, but we worked together to overcome the struggles to find a path forward. Our interaction with the BLM has been a long, long process. And not only do we interact with the BLM on the Topock Project, but also on other matters that involve land resources, the river, cultural sacred sites, different management areas that are within the Lake Havasu Field Office. So we have a very robust program. And we deal with them on a number of management issues, as well. I think one major thing particularly here with the Topock Project has been just trying to manage the way that they're going to construct and treat the land and the way that they place things. You know, there are so many cultural resource sites that are out in this area, because our people came from all the way from the north mountain-- that's Spirit Mountain-- all the way down here. So there is that interconnection that we have. And so we know what's out there, but yet, you know, just trying to work to make sure that we protect those resources I think has probably been the biggest issue that we've had. Everything here is important to the Mojave people. But I believe, overall, the management plan has attempted to try to do a lot to incorporate some of the cultural features of it, but yet you have different competing interests that I think over-- weigh out a lot more than the cultural resources. And unfortunately, when that happens, we get sites that are either overlooked. Maybe the resource reports that come about regarding that particular location might contain less than protected values in them. BLM follows the 106 regs. and other laws that we are entrusted with on the land. The tribes are not always happy with the laws and the procedures. 106 is a process that we have to go through, and we have to stick to it, because that's what we are entrusted to do. Sometimes they wonder why we follow those laws. They would like us not to follow them sometimes as closely as we do. But that is our job and that's our basis for this project. And we have stuck to that sometimes to their dismay. And we'll say, well, this is why we do it. This is what the regs say we have to do. And they don't always like it. You know, we talk about adverse effects. They think everything's an adverse effect. Well, we have, we think everything's, if it's eligible for the National Register, it's a Historic Property. And that means that the federal government has to manage it. Tribes think every object, I mean what we call it an isolate, which normally is not eligible for the National Register, everything has to be important. Because they don't look at it piece by piece. They look at everything as a part of a bigger whole. Well, what we've done, because we know they feel that way, is whenever possible, even if it's not an eligible site, we will try very hard to avoid it and not to damage it. 2 The management of the cultural resources at the Topock area and how they affect the tribe and our livelihood is it's, you know, its give and take in certain areas. You want to make sure that you keep things protected, but you also want to look at the fact of what can happen if this contamination reaches the water and can affect downstream users. Water is important to us. And you know, just like the landscape, we want to protect it. And water is just as important to protect, because it actually helps us live. Water being life, you know, that's one of the things that we look towards and protecting for Chemehuevi, making sure that we have safe, drinkable, and usable water. And making sure that this project is moving forward helps us protect our water, as well as helping Fort Mojave protect their significant areas. The highest point that you see to the north is called Avi Kwa' Ame. And that means Spirit Mountain. And to the Mojave people, that represents our beginning. And it's an area where our creator basically created us and placed us here in this valley. And also, to the east, you'll see another landform there. Looks like a peak. And that is Avi Vasqui. And it's termed Boundary Cone. It also means something of value and worth in our Mojave language. And then we have the Needle Mountains that are referred to by the local community here, but to us it has traditionally been called ʼAviha Kuloh. And that's our area that we go to after we leave this earthly existence here. So those are just some of the landforms that we have here. But this whole area, as I mentioned before, are contained within those known name places, other cultural sites and other habitation sites. The Topock Maze is pretty much in the center of our area of potential effect. It's been important to the tribes for at least 100 years or more that we know of. Probably they'd tell you before that. It figures squarely in the middle of their tribal beliefs and religion. But because it's right in the middle of the project, early on they just said, this project is going to impact the Topock Maze. There's no way that we can't, no matter what avoidance measures we use. So that makes this area, I would say, a lot more sensitive than your average project area because of where it is, and what's in the middle of it, and what it means to the tribes. The Topock Maze to the Fort Mojave Tribe is a very significant cultural area. And it is an area that is held in high reverence. It's just analogous to the Mormon Tabernacle temple and/or the Vatican. You know, it's that holy place for our people. And we have the beginning and the end from Spirit Mountain. And for us, this area within here, it's not this particular spot or this place, but it's the whole essence of the whole landscape. That is what we are made of and where we come from. And eventually, when we leave this earthly presence here, this is the entry way to the next life for the Mojave people.