Ojo Encino Chapter Government (Navajo Nation ...

Ojo Encino Chapter Government (Navajo Nation Governmental Subdivision)

HCR 79 Box 1500

tf.tauul /3un, µ m.s" DEC 1 8 2019

Ojo Encino, Navajo Nation 87013 February 2020 RPFO & FFO Lease Sale Protest

DO1-BLM-NM-A0 10-2019-0084-EA DOI-BLM-NM-F0l0-2019-0103-EA

12/18/2019 Protested Parcels: All February 2020 Rio Puerco Field Office Parcels and

Farmington Field Office Parcels

I. Chapter Interest and Standing Ojo Encino Chapter (the "Chapter") has an interest in the leasing of any parcels that are within the Navajo Eastern Agency boundary, Navajo Nation, Traditional Navajo Territories, or of any location which can cause imbalances which may effect any of the previously listed Navajo areas. This comes from traditional Navajo conceptions of relationships (K'e and K'e bikeyah) which is evident from Navajo Fundamental Law (Dine Bi Beenahaz'aanii) codified in Navajo Nation Code (1 N.N.C. §201 - §206). Additionally, Navajo Nation Code Title 26 which defines chapter members as "For purposes of services and benefits, all tribal members, young and old, who either reside within or are registered in the chapter. An individual may not be a member of more than one chapter" 1• A chapter Resident is defined as "one who dwells permanently or continuously within the boundaries of a chapter"1. The definition of Governmental Purposes "activities carried out by the chapter for the general health, safety and welfare of the chapter membership"3

The Chapter passed resolution #11-17-16/002 which is "against all pending and future federal fluid mineral BLM leases within Navajo Eastern Agency areas (or other lease sales which could directly or indirectly impact Eastern Agency Areas) until a reasonable revenue sharing mechanism is developed, the new Farmington Field Office Resource Management Plan Amendment is developed, and a full understanding of potential environmental and health impacts of horizontal hydraulic fracturing is developed"4

. The Chapter has also passed resolution #OJOE 02-12-19/010 titled: "Resolution Against any Oil/Gas leasing by the Bureau of Land Management Rio Puerco Field Office until new Resource Management Plan is adopted that includes provisions regarding horizontally drilled hydraulically fractured wells and protection of Navajo Communities".

Title 26 of the Navajo Nation Code (Local Governance Act (LGA)) was established to:

1; 26 N N,C. § 2.10.b 2: 26 N.N.C. § 2.13 J: 26 N.N,C. § 2.22

•; Ojo Encino Chapter Resolution #11-17-1 6/00.2 · Therefore Clause I (See Appendix 5)

"recognize governance at the local level. l h rough adoption of this Act, the Navajo Nation Council delegates to chapters governmental authority with respect to. local matters consistent with Navajo law, including custom and tradition."5

Under LGA the Chapter has both an active Land Use Plan and has met all the Governance Procedure Requirements under 26 NNC § 102 which allows the Chapter alt authorities as listed in 26 NNC §103. As a result, the Chapter is designated by Navajo Nation Law as an important and designated decision-making entity regarding land use within the Chapter's contiguous boundaries which have been defined by the Chapter and ' is the ·same as the BIA's·designated Ojo Encino grazing district.

Lands that are within the Eastern Agency · of the · Navajo Nation are within the Territorial Jurisdiction of the Navajo Nation. All lands to which the United States government holds the title within Eastern Agency is Indian Country as defined by Navajo Nation Code 7 N.N.C §254 and United States Code 18 U.S.C. § 1151. Thus, the Chapter under it's powers also has territorial jurisdiction upon all lands within-its recognized Land Use Planning boundaries.

However, in contrast with other land use planning jurisdictions, the Chapter is not precluded from providing its "services and benefits" from Chapter members who reside outside of the Chapter's land use planning boundaries, and in fact is required under Tit le 26 to provide those benefits and services.

II. Analyzed In Brief Co,!Jlment~ 1) AIB-1: How would future potential development of the nominated lease parcels

impact groundwater quality? The BLM has failed to do a locally relevant analysis regarding potential local groundwater impacts from any potential well development connected with the leasing action. A Navajo Tribal Utility Authority groundwater well which serves the broader Ojo Encino region population is located at 35.977058°, -107.267120° (WGS84). This domestic groundwater well is in close proximity to multiple proposed lease parcels and i'.i in the general area of all the proposed lease parcels.

The BLM fails to fully consider the potential of fluid migration via the well annulus or through faults. Additionally, the BLM fails to consider the chemical reactions of the downhole environment which can create new chemical compounds or )_each other types of toxins due to manipulation of the downhole environment. Thus, even if toxic chemicals are not used in the hydraulic fracturing process, it is likely that toxic elements will develop due to the process of "changing the physical properties of the producing formation".

The BLM must defer all proposed parcels to develop better analysis and stipulations to ensure proper mitigations are in place to protect groundwater assets within the Chapter. The cursory, brief, and incomplete groundwater analysis is indicative of the BLM's incomplete knowledge of the local operating environment and will require further tribal consultation with Ojo Encino chapter to further develop mitigation strategies. Additionally, the current RPFO RMP is outdated and does not have sufficient planning for this lease sale to tier to. Thus, due to the potential severe impacts

~ 26 NNC §1.B.1

of connected actions to this proposed lease sale, the Chapter believes that an EIS level plan will be required to proceed with leasing.

2) AIB-2: How would future potential development of the nominated lease parcels impact watershed hydrology and surface water quality?

Rio Puerco Watershed Impacts not analyzed sufficiently Congress created the Rio Puerco Management Committee (RPMC) due to issues related to sedimentation. It was reauthorized by Public Law 111-11 in 2009. All of the listed lease parcels can affect the Rio Puerco Watershed area.

The 4. 7 million-acre Rio Puerco watershed drains portions of seven counties in west-central New Mexico, and is the largest tributary to the Middle Rio Grande. Past land uses and natural phenomena have resulted in accelerated erosion and stream channelization in the watershed, leading the Rio Puerco to have one of the highest annual sediment loads in the world. Transportation and deposition of this sediment into the Rio Grande system causes water quality deterioration, increased sedimentation of water sup-ply reservoirs, lost agricultural productivity, and a variety of other impacts6•

This should behoove the BLM RPFO to take a hard look at potential watershed sedimentation impacts and needed mitigations and/or stipulations particularly as to how they are related to the Rio-Puerco Watershed.

Upoh review of the EA, it has become apparent to the Chapter that the BLM management at the RPFO, Albuquerque District Office, and New Mexico State levels consider planning and profection of the Rio Puerco Watershed as being unimportant. Unfortunately, the BLM lacks analysis regarding sedimentation increases that will be created by any future development of the proposed lease parcels both by construction and from increased traffic. The concern is not only from potential pollution increases but from increased sedimentation. Even after many repeated attempts to raise this as a serious issue to the BLM both in meetings and by written input, the BLM continues to fail in analyzing this issue in any meaningful way. This issue has been raised as a serious one not only by the Chapter but by the US congress. Apparently the BLM management at the RPFO, ADO, and State office levels feel that it is not a serious issue requiring serious contemplation and potential mitigating strategies and lease stipulations before they lease parcels in which they will only have limited capacity to apply strategies without being accused of "taking" by the lease holder.

No in-depth analysis of issue has taken place to allow for the authorized officer and, more importantly, the public to understand whether the BLM will be able to sufficiently mitigate the impacts upon the watershed. The BLM is blindly leasing minerals without fully analyzing an important issue, and using hope as a justification for leasing in place of actual analysis. If hope is

6 See page 2 of the following: https://www.govinfo.gov/content/pkg/CRPT-115srpt405/pdf/CRPT-l15srpt405.pdf

all that is required for the BLM now to make decisions, and not actual analysis, the Chapter hopes the BLM will reconsider and start applying what NEPA intends and use actual analysis.

The RPMC authorities extend at minimum through the end of Fiscal Year 2019 (within which the lease sale planning has been embedded) 7• Considering the Tiered EIS level documents are from the early 1990s and the RPMC was formed in the mid-1990s, it is likely that current stipulations are insufficient to address the sedimentation issue. Additionally, it is apparent that the BLM requires deeper analysis and need EIS level analysis to ensure proper mitigations/stipulations are provided for and that there is an understanding of any potential impacts which may remain unmitigated. Thus, all parcels should be deferred for EIS level analysis or at minimum for further analysis.

3) AIB-10: How would the future potential development of nominated lease parcels effect the annual productivity of desirable species of plants, for grazing (livestock and large game)?

The BLM needs to take a hard look at how leasing, the connected actions of development, and the cumulative impacts of development will impact livestock and big game. Ranching is a major concern to the Chapter for both cultural and economic reasons. Additionally, article 9 of the 1868 Navajo Treaty with the United States Government which states " ... retain the right to hunt on any unoccupied lands contiguous to their reservation, so long as the large game may range thereon in such numbers as to justify the chase"8• Additionally, Herrera v. Wyoming 17-532 has reaffirmed elements of similar treaty articles 9•

Chapter must insist that the BLM remove all parcels from the proposed lease to sale conduct further tribal consultation with the Chapter, and to conduct better planning regarding livestock and big game. Additionally, since all of the proposed parcels are not in any BLM RMP planning area, and are not currently under any RMP level plan, the BLM must remove all parcels from the lease sale for EIS level planning.

4) AIB-12: How would future potential development of the nominated lease parcels impact wintering big game species?

See discussion regarding AIB-10

5) AIB-13: How would the visual landscape be affected by future potential development of the nominated lease parcels?

The BLM is mistaken in it's analysis that "no specific visual resource management goals or objectives for this area designated in the Ojo Encino Chapter land use plan"rn. Although it is true that the Ojo Encino Chapter land use plan does not have specific visual management resource policies and stipulations, the Chapter considers protection of the visual resources to be part of its

7 See page 3 of the following: https://www.govinfo.gov/content/pkg/CRPT-l l 5srpt405/pdf/CRPT-115srpt405.pdf 8 https://americanindia n .si.edu/static/nationtonati on/pdf / Nava jo-Treaty-1868.pdf 9 https://www.supremecourt.gov/opinions/18pdf /17-532_ q86b .pdf 10 https://eplanning.blm.gov/ epl-front-office/projects/nepa/ 1500871/20005522/250006430/EA RPFO Feb2020 for PubComment 508.pdf: 18

cultural security. In particular the BLM should be concerned with the following Ojo Enicno policy (111.A.i):

Ojo Encino chapter shall to revitalize an environment for its community members where they feel comfortable to exist, in particular, to exist as self-defined Navajos with the natural world all its elements and abide by the universal and natural laws which govern us as Diyin Nohookaa Dine. 11

Impacts upon the visual environment in Ojo Encino Chapter is an impact upon both the Natural and Cultural resources within the community. Both cultural and natural resources are considered to be the same for purposes of resource protection in Ojo Encino via Navajo custom and law and as explicitly stated in Ojo Enicno policy III.C.i.

Additionally, the Chapter is confused as to what planning documents the BLM is referring to when it states:

"

Parcels 3, 4, and 29 also border a BLM Visual Resource Management (VRM) Class II area, which occurs to the northeast of these proposed parcels. This adjacent area, which includes the Ceja Pelon mesa, contains scenic areas at a higher elevation that the nominated lease parcels. Parcels 5, 6, 7, and 31 border BLM lands managed as VRM IV, which allows for major modifications to the visual landscape. 12

Upon reviewing currently posted RMP level planning documents the Chapter has not found any documents which cooroborate these statements. The 1986 RPFO RMP and 1992 RMP update both have planning boundaries which are outside of Ojo Encino Chapter. Additionally, both of these documents indicate that the VRM classification for the lands which border Ojo Encino are classified as being class JV 13, 14•

I 1986 RPFO RMP (pg 77) I 1992 RPFO RMP Update (pg 71)

11 https:ljojoencino.navajochapters.org/ojoencino 20161up 125dpi.pdf: 99 12 https://eplanning.blm.gov/eol-front-office/projects/nepa/1500871/20005522/250006430/EA RPFO Feb2020 for PubComment 508.pdf: 18-19 13 https://eplanning.blm.gov/epl-front-office/projects/lup/100040/135190/165347/ADO - RPFO • 1986 -Rio Puerco RMP 508CB.pdf: 77

14 https:ljeplanning.blm.gov/epl-front­office/projects/lup/99793/134929/165083/1992 RMP UPDATE 508CB.pdf: 71

MAP 1~

VISUAL RESOURCE MANI VISUAL RESOURCE MANJ

LEGEND LEGEND

VISUAL RESOURC[ MANAGEMENT CU\SSES VISUAL RESOORCE MANAGEMENT Cl.ASSES

cws I CS] ' CIA$$ l CJ

cws JI lllillllIIIll cuss n 1111111111111 Cl;ASS nt 1111 CLASS m -cws ff ~ cuss ff ~

' ,. = !I 7-..:• ,. ; • .. _

HALI KAUI

Some of the parcels may actually border the BLM RPFO's boundaries that are currently under their active RMP~ however, the RPFO has not done any EIS level planning for the currently proposed federal minerals. The Chapter must request that the BLM explicitly state which planning documents they are referencing when discussing VRM for the proposed action.

Additionally, the Chapter must insist all parcels are removed from future leasing until further tribal consultation can be had to further discuss the impacts of visual resources upon the quality of life of residents, impacts to the cultural security of chapter residents, and to further clarify better VRM planning by the BLM for the area which the proposed parcels are located.

6) AIB-14: How would future potential development of the nominated lease parcels impact cultural resources?

The BLM has not taken cultural resources seriously enough in the lease sale EA. ReadingAIB-14 shows that the BLM is disconnected in its planning since it does not mention the Navajo Nation THPO as needing to be consulted (All parcels are Navajo tribal trust surface), yet makes consistent references to the NM SHPO.

As a reminder to the BLM all of the proposed RPFO parcels are within the territorial jurisdiction of the Navajo Nation. Thus, the BLM must fully work with the Navajo Nation in reference to classification of sites and to rules and regulations. Reading AIB-14 makes it appear that the BLM is unprepared to move forward with the lease sale since it does not mention Navajo THPO and their importance regarding any actions that would take place on these parcels.

The Chapter must insist that the BLM remove all parcels from leasing so that it can do better more coordinated planning in regards to cultural resources and so that the BLM will have time to do additional tribal consultation with the Chapter and with the Navajo Nation. Lastly, it is beginning to become apparent as to why the BLM New Mexico state office previously had a rotational leasing policy. This policy was to ensure that the field offices had proper resources and personnel available to analyze lease sale actions, whereas quarterly lease sales over burden these resources. AIB-14 appears to show how the RPFO is currently overburdened along with other BLM field offices and the state office, thus they are allowing major mistakes to occur in their planning processes. The

unfortunate conclusion from this situation is that extractive resource use of the lands is being prioritized over all other needs, including proper planning.

7) AIB-15: How would future potential development on the nominated lease parcels contribute risks to human health and safety?

It is apparent from the BLM's "analysis" in AIB-15 that the local human population surrounding the lease parcels is not a priority or of concern. The Chapter does not understand the cavalier and disrespectful nature of the writing of the EA. AIB-15 would have the reader believe that the only potential health consequences stem from occasional accidents. Ongoing operational and initial construction is not analyzed. It bullet points out various (but not all) health concerns. This cavalier attitude becomes apparent in section 3.5.1 when elevated PM levels from construction activities are considered as being merely a "temporary nuisance". Well established causal relationships have been established regarding temporarily elevating PM in areas increases mortality, and that the effect is magnified in areas with relatively low ambient PM levels, and is also magnified in areas with lower socioeconomic indicators. Thus, the communities located on the proposed parcels will suffer dramatically magnified effects of elevated PM levels. Further analysis regarding the scientific studies will be shown further in the comments.

This is just one of the many potential health impacts for human populations; however, as time ~rogresses and more lease sales are being processed at breakneck speed, the Chapter is becoming increasingly concerned about the BLM's capacity and ability to properly plan. It is also becoming apparent that the citizens will likely be put at risk by improper planning.

Once the BLM leases these parcels, it becomes much more difficult for the BLM to properly mitigate impacts. The BLM has not had a full discussion of potential human health impacts for p arcels which are occupied, near residences, or likely to become populated. Of course, this does got seem to be of concern to the BLM, since it has already recognized that the decision will gisproportionately effect an EJ population for which it feels no mitigation strategies are necessary in order to protect

All parcels should be removed from the lease sale to facilitate further tribal consultation with the Ojo Encino Chapter and the Navajo Nation, so that further analysis of human health impacts can be studied and analyzed in depth. Additionally the Chapter advises the BLM to review https://www.psr.org/wp-content/uploads/201 9/06/compendium-6.pdf.

8) AIB-17: What are the potential impacts from oil and gas leasing and future potential development on socioeconomics?

AIB-17 is an important question, but the BLM does not seem to show an even basic understanding of the socioeconomics of the area. Studies in Counselor Chapter does not seem to have shown increases in Oil/Gas employment even when development was occurring. Additionally, the tax and royalties from federal minerals do not come back to Navajo communities. Sadly, the BLM seems almost myopically focused on the benefits of oil/gas development. It briefly discusses why some people might want an "undeveloped landscape".

Quality of Life has cultural elements to it for the area of concern (all lease parcels are tribal trust split estate). Development on these parcels if done without proper mitigation strategies in place

will be harmful to the human and non-human populations. Thus, very deep consideration must be made before proceeding with any actions which will prevent the BLM from applying proper mitigation strategies.

The Chapter must insist that the BLM remove all parcels from the lease sale so that it may engage in further tribal consultation with the Ojo Encino Chapter and the Navajo Nation. This consultation will help the BLM to better understand how to model socioeconomics of the lease area and provide for a better understanding of what potential mitigation strategies could be employed.

9) AIB-18: How would future potential development of the nominated lease parcels contribute to the social cost of carbon?

Clmiate change disproportionately effects indigenous communities, such as where these lease parcels are being offered. Although climate change is global in nature, it will effect certain communities more due to their culture and economics. Communities which work directly in their environments for economic and cultural purposes will be more greatly effected. Additionally, economically poorer communities have less resources to adapt to the changes in climate.

The Chapter requests that all parcels are removed from the lease sale in order to conduct further tribal consultation with Ojo Encino Chapter and the Navajo Nation to better understand how climate change disproportionately effects Navajo communities, and in particular, the Ojo Encino and Trichapter communities.

10) AIB Conclusion The BLM must convert many of the Analyzed in Brief into Analyzed in Full to ensure that proper analysis is being done before the BLM leases federal minerals and reduces it's opportunities for proper mitigations. Considering the active RMP guiding this sale is from 1986 with a 1992 update, it does not appear to the Chapter that the BLM has an appropriate EIS level plan to tier this EA to. Additionally, the area which these parcels are located are not currently covered in any active RMP (they are located outside the 1986/1992 RMP documents). Thus, many of the issues Analyzed in Brief should be fully analyzed and part of an EIS for the proposed lease action.

Thus, the BLM must remove all parcels from leasing to conduct further analysus and further tribal consultation with the Ojo Encino Chapter and Navajo Nation.

III.Need to take a hard look at Cumulative Injection Impacts The BLM RPFO in AIB-3 briefly discusses injection activities and its linkage to induced seismicity. However, its analysis is based on a per well injection rate and does not consider potential cumulative injection impacts across areas of analysis. Unfortunately, the BLM RPFO is using such a large area of analysis (the entire San Juan Basin) that any locally relevant impact analysis within the area of RPFO leases is rendered useless (statistically hidden by a large denominator value).

Looking at injection activity within the Ojo Encino study area (Ojo Encino Chapter and a 10 mile buffer from its boundaries) shows a significant amount of injection activity which has increased in the past 11 years.

.. ; ~\T.I

i

l=

lO.D.'V

Tote! Monthly Injection of flulds within Ojo Endno Area by Month 5 S.lt Water Wells • nd 1 lnJKtlon Wall

Month/Ynr

Impacts from increased injection include increased need for transportation of liquids, increased chances for spills/incidents/accidents, increased chances of pollution/emissions, incremental

~increases in seismic activities, and other potential effects which have not been analyzed. Cumulative effects include both above ground and below ground environments. Analysis of how this proposed lease sale will cumulatively effect injection activity (along with the other lease sales which have gone to auction, but currently in protest), will be helpful in assessing all potential impacts.

Additionally, the RPFO BLM has not had injection activity levels which started in 2008 during any of its planning phases in the 80s or early 90s. As a result, it may not have properly planned for -or have proper mitigations in place to help to ensure that impacts are minimized from and injection activities which may occur from its approved leases and corresponding wells.

The state may have regulatory authority over injection activity, but leasing is a connected action to development, and development is a connected action to injection activity. The Chapter must insist that all November 2019 proposed leases are deferred until the BLM has done proper EIS level analysis to provide for proper potential mitigations.

Wells Analyzed: 30-043-20981, 30-043-21054, 30-031-20888, 30-031-21112, 30-043-21065, 30-043-20729

IV. Concerns regarding the Transport of Produced Water Produced water from hydraulically fractured horizontal wells is contaminated with various components: such as chemicals used in the fracking process, salts from the formations, and shale fines and other dissolved chemicals from the formation. How this produced water or "sludge" is transported, treated, and disposed is of great concern to the chapter.

The transportation of this sludge within the Chapter's boundaries is considered to be a risk to the community. The Chapter also requires knowing what constituents maekup the sludge which is to be disposed. The is based on Ojo Encino policy III.C.iv, Ill.D.i(a,b), and LC.iii.

The BLM should remove all parcels from the lease sale so it may do further analysis regarding sludge, it's components, and its disposal as to better understand potential safety impacts or potential violations of Navajo Nation law (such as the Dine Natural Resource Protection Act). The BLM should engage in further tribal consultation on this issue with Ojo Encino Chapter and the Navajo Nation.

V. Ojo Encino Chapter Context: Greenhouse Gas Emissions from OiVGas production The amount of current oil/gas development within Ojo Encino and the surrounding local region (10 miles from the Ojo Encino Chapter boundary) is fairly low compared to northern areas. Unfortunately, the BLM has failed to take a hard look at the local regional context in regards to the various proposed oil/gas lease sales with the estimated amount of development which could occur due to leasing. The major issue about needing to take a hard look is due to the fact that the BLM RPFO does not have an up-to-date RMP and especially does not have any EIS level plans to tier this Lease Sale EA to which address the unique local regional context of Ojo Encino area.

The Chapter is analyzing wells within the chapter boundaries and within a 10-mile boundary surrounding the Chapter's boundary. This distance was chosen by analyzing EPA documents referenced in the BLM RPFO Draft November Lease Sale EA Araujo et al 201415· 16• According to this document "course particles" can travel < 1-1 Os of kilometers 17• Course particles were defined as "between 5 and 30 µm diameter" 18 •

15 DOI-BLM-NM-A010-2019-0041-EA: Page 38 (Draft EA) 16 The referenced EPA document is: USEPA-United States Environmental Protection Agency. Air Quality Criteria/or Particulate Matter; EPA/600/P-99/002aF; USEPA-United States Environmental Protection Agency: Washington, DC, USA, 2004. Accessed at: http://ofmpub.epa.gov/eims/eimscomm.getfi le?p _download_ id=4 35945 17 Air Quality Criteria/or Particulate Matter: Page 2-52 (127) 18 Air Quality Criteria for Particulate Matter: Page 2-7 (82)

5-,--------------------------,

7 Mechanically Generated

0 ...J-~-....-f".;:.._...,,_ ___ .,..:; __ ..,..__...,.....rir>--....... ,..........--......,;. ...... .........,l

0 .001 0.01 0.1 10 100 P-,ticle Diameter, Dp (pm)

Nuclei Mode Coarse Mode • • .. • • .. • .Accumulation

- --• Mode

Fine F'aroctes ____________ __;....::c..:;_c.....:;_;::.:.;.:_::,__ __ _

Coarse Particles Ul!raflne Partieles

igure 2.4 from EPA Report Air Quality Criteria for Particulate Matter efining various modes of particulates. ir Quality Criteria for Particulate Matter: Page 2-11 (86)

Travel distance:

Ultraftne-

< l to IOs of km

Flu"

Acc-umulatton

I OOs to I OOOs of km

CoarSt"

< I to 10s of Ian (small size tail, 100s to 1000s in dust stonus)

Extracted portion of Table 2.2 from EPA Report Air Quality Criteria for Particulate Matter showing travel distances of various particle groupings particulates.

Air Quality Criteria for Particulate Matter: Page 2-52 (127)

Since larger sized inhalable particles traveling I Os of kilometers, the Chapter has elected to use a conservative buffer of 10 miles or about 16 kilometer boundary to provide an area to better understand the regional impact of oil and gas development upon the environment within the Chapter boundaries (although the Chapter is highly concerned with environmental impacts outside of its boundaries as well and 10-mile analysis area). As of July 2019, there are 117 active we11s within this area. Of this 110 are vertical and 7 are horizontal.

Ojo Encino 10-Mile Analysis Area BLM

February 2020 Lease Sale Draft Parcels

Active Injecting Wells

1 Injedlon

~ Salt Water Olsp

.., Feb 2020 Lease Parcels

0 E-

2.s 5ml

With this area and wells along with production data from NMOCD and various pollution calculations from the February 2020 lease sale draft EA and with the BLM Air Resources Technical Report, contextualized regional impact analysis which is relevant to EJ populations has been developed. Contextualized and relevant means that figures presented don't hide themselves in much larger geographies such as counties, which may have a greater amount of production elsewhere, thus impacts to total county numbers might appear small but are significantly larger when considered in smaller yet important geographies.

/; \ (

.:..

Estimated C02e Emmissions from Oil/Gas production within and 10 miles of Ojo Encino Chapter

9,000

8,000

7,000

6,000

5,000

4,000

3,000

2,000

1,000

0 2014

• OIL CH4 C02E 2,454 MT C02e

• OIL CO2 C02E 22 MT C02e

• GAS CH4 C02e 5,104 MT C02e

• GAS CO2 C02e 871 MT C02e

Total 8,451 MT C02e

2015

1,130 MT C02e

10MTC02e

4,830 MT C02e

824 MTC02e

6,795 MT C02e

2016

697 MTC02e

6 MTC02e

3,687 MT C02e

629 MTC02e -

5,019 MT C02e

Calendar Year

2017

758 MT C02e

7 MTC02e

3,245 MT C02e

554 MTC02e j

4,564 MT C02e

2018

939 MTC02e

8MTC02e

2,935 MT C02e

501MTC02e

4,384 MT C02e

m GAS CO2 CO2e II GAS CH4 CO2e • OIL CO2 C02E • OIL CH4 C02E

Estimated total CO2e emissions for the entire buffer area has been declining since 2014. Although - some slight shifts have occurred as to production (oil production has increased which increased

specific GHG emission types). In 2018 total GHG emissions for the buffer area was 4,384 metric • tons of C02e. This is a reduction of nearly 50%, this is a trend that the Chapter would like to see t continue.

Total Production within 10-Mile Oio Encino Buffer 2014 2015 2016 2017 2018

Oil Production (Bbl) 166,526 76,660 47,289 51 ,422 63,716 Gas Production (MCF) 1,735,410 1,642,428 1,253,610 1,103,465 998,033 5-Year Oil/Gas Production 405,613 bbl oil/ 6,732,946 MCF Gas 5-Year Oil/Gas Production 81,123 bbl oil per year/ 1,346,589 MCF Gas per year

Annual Average

The total lifetime (20 year) production of the proposed parcels are estimated to produce 775,000 bbl of oil, 10,699,000 MCF gas, and 560,000 barrels of water. Averaged out on a per year basis this would be 38,750 bbl of oil, and 534,950 mcf of gas, and 28,000 bbl of water. This would be a nearly a 48% increase in annual oil production and nearly a 40% increase in gas production for the analysis area. These are significant increases which will also lead to significant increases in impacts.

i I

9,000

8,000

7,000

6,000

5,000

4,000

3,000

2,000

1,000

0

VI. Encino Chapter Context: Pollutant Emissions from Oil/Gas production The Chapter finds the BLM's presentation of table 3.9 rather interesting in that it appears to "dilute" the projected emissions from the potential wells by two means: using all human caused emissions and by using the four-county region. These two actors removes the analysis from meaningful context both spatially and analytically, making the appearance of the potential development of these wells seem almost insignificant. However, the EPA inventories allow analysis to be done at the county level and by subsector. Thus, the Chapter has elected to present similar data as presented by the BLM using better context to more fully understand the potential impacts from development on the local region and also Sandoval county.

The 2014 National Emissions Inventory has emission information on Criteria and Hazardous Air Pollutant segregated by 60 emission sectors 19• One of these sectors is defined as being Oil and Gas production which is defined as follows:

This sector includes processes associated with the exploration and drilling at oil, gas, and coal bed methane (CBM) wells and the equipment used at the well sites to extract the product from the well and deliver it to a central collection point or processing facility.20

The Chapter is grateful that the EPA keeps such data at the county level, although the Chapter is curious why it does not exist in the BLM's analysis. However, using this data the table 3.9 would appear differently if it includes Sandoval County (which is where all of the proposed lease parcels exist and all potential wells would be constructed) and isolated to the oil and gas production sector:

2014 EPA National Emissions rn,·enton, Data PM~• PM2s• NOx so. co

4-County Area -OG Prod 405.07 359.62 25,152 162.33 37 448 Sandoval Cowity - OG prod 3.99 3.96 297 0.13 508 % of OJo Encmo Study Area 2014 BOE 74.7% 74.7%

I 74.7% 14 .7% 74.7%

Production IMckinlev Ctvl % of Ojo Encino Study Area 2014 BOE 83.3% 83.3% 83.3% 83.3% 83.3% Production I Sandoval Ctv l Estimate of Pollutant from 0G Prod in Ojo 3.32 3.3 247 .11 423 Encino Studv Area Sandoval Ctv Estimate of Pollutant from 0G Prod m OJo .5 .48 28 .008 46 Encino Studv Area McKinlev Ctv Total Estimated Ojo Encino Study Area 0G Prod 3.82 3.78 275 .118 469 Emissions Sandoval County - All Human Emission 22 571 3 266 5,117 175.25 25 830 One Well Emission .. 5.31 .81 6.19 . 11 2.63 Total 7 potential Wells Emission .. 37.17 5.67 43.33 0.77 18.41 Ptn:ent lncnase for Sandoval County OG 932% 143% 14.6% 592% 3.6% Prod Stttor•0

Percent Increase for Sandoval County-All Human Emissions Total 7 potential Wells Em 1ssion from leases in 37.17 5.67 43.33 0.77 18.41 Oio Encino Studv Area Pen:tnt lucruse for Ojo Encino Study Area 973% 150% 15.8% 652% 3.9% 0G Prod Sector

19 https://www.epa.gov/ air-emissi ons-invento rles/2014•nati onal-emi ss ions-inventory-nei-data 20 2014 National Emissions Inventory, version 2 Technical Support Document; July 2018; Page 4-154; https://www.epa.gov/sites/production/files/2018•07/documents/nel2014v2_tsd_05jul2018.pdf

voe 66,418 2 220

74.7%

83.3%

1,849

293

2,142

7.308 1.17 8.19

0.36%

8.19

0.38%

...

-':'"

•For PM figures the following were used: PM2.5 Primary (Fill + Cond) and PM IO Primary {Filt + Cond). These emission types matched with figures m the table for all anthropogenic generated emissions in the 4-county area. • •using well emission data from November 2019 Draft EA ... Calculated usin11. same method as BLM: Total Potential Well Emission / Sandoval County 2014 Emission

By using better contextualized analysis (both spatially and analytically) shows how the potential wells will impact Sandoval County as a whole in regards to all human emissions. In fact, most figures are nearly an entire magnitude greater in scale as compared to the figures presented by the BLM using the entire 4-county region. More importantly though, is the massive increases in emissions from the Oil and Gas sector for Sandoval county which does not currently have as much production as Rio Arriba and San Juan counties. These massive increases are significant both in terms of the sector itself and as a whole for emissions in the county.

On a more regionally specific context, the Ojo Encino buffer area is responsible for the vast majority of oil and gas production for both Sandoval and McKinley counties. Thus roughly estimating the amount og Oil and Gas production emissions from total BOE production yield roughly the amounts being produced within the Ojo Encino study area. By looking at potential emissions from the proposed leases within the Ojo Encino buffer area yields the increases in emissions that would be faced by local populations compared to what they currently face.

Looking at the sector specific emissions for Oil and Gas production in Sandoval county brings a curious relationship with estimated VOC production.

While many of emission increases for Sandoval county in regards to oil and gas production are extremely large VOC increases are projected to only be 2%. Looking at the Lease Sale Emission table shows the following qualification:

VOC emissions at the operational phase represent a 95% control efficiency and estimates potential emissions representing the contribution for "one oil well" from the emissions at storage tanks, gathering facilities, etc.21

The Chapter is pleased that the "efficiency" has so dramatically increased apparently from 2014. The Chapter has noticed that the amount of VOC emission is higher in the November 2019 RPFO lease sale draft EA than from the June 2019 EA (1.17 vs 0.75). However, the BLM may wish to take another look at its VOC emissions data on a per well basis which seems not to be in agreement with EPA NEI 2014 data by a significant degree (perhaps there is a difference in emission data sources between the BLM and NEI or difference in well completions between years).

21 RPFO Draft February 2020 Lease Sale EA (EA DOI-BLM-NM-A0l0-2019-0084-EA): Page 32

JI

VII. Intensity of Development by Produdion in Counselor Counselor Chapter's area's22 first horizontally dri lled .well began production in March of 2012 (API:30-043-21 I I 723

). Other horizontal wells in the Counselor area came into production since24•

This has marked a dramatic change in the magnitude and composition of oil/gas production from the area. It also has affected different minera l owners in different ways.

Spudil~lil!s

.o ~ - --by Vear am Wei O:rec-i:>n ,,~

-ot., of 37J W..!lb.witi\~..1 D,tts f.-..rn l9U to8/2U2018

30 , I 2S '

! 20

i -. 15 •

~ -11 ',.,11. .. miJ JIil I M,mt11l1 .. I 1.. II.J1 '' . 11

t>.f~~.f./t"'1llt"li:1"/IJ:.fr.fl.f'f~"\;\4'l/l<.{.>~JP..._f.f ,,.""-i:f.f.f.!l4-'>f:f~1fff f-f,.f.,;i>,l,,P,:,v~~-f"-l-14~-P~i~"l-9~-IIIJ~~~ Chart I: 364 Spudded \Veils .o~ type wi thb Study Arec . .._ __________________ _

NMOCD data indicates that the quantity of ,·,eilr th?.t !1ave bee;1 spudded -,vithin the Counselor since 2011/2012 has been quite large. nJt ccP.sbt(nily .-een since the early 80s. However, unlike the late 70s / early 80s these wells are almost all completely hori.zontal wells.

The utilization of horizontally drilled wells which are hydraulically fractured requires increased footage of laterals to be perforated. Within the study area, 298 wells with perforation data on their NMOCD infonnation page were analyzed for total perforation length. Of these wells 226 are classified as vertical and 72 are considered Horizontal by NMOCD. The vertical wells had an average perforation length of about 163 feet whi le horizontal wells have an average perforated length of 5,991 feet. This is an almost 37 fold increase in average perforation length. The total amount of vertical well latera! footage perforated •.vithin the Counselor area is 36,723 feet. The total amount of horizontal well lateral footage perforated within the Counselor area is 431,379 feet. One average perforated length horizontal we! I has the same amount of perforated lateral as

22For purposes of this dpcument the Counselor Chapter area is defined as the following townships: 2 IN5W, 21N6W, 21N7W 22N7W, 22N6W, 23N7W S/2, and 23N6W S/2. At ~imes in the ;::omments, Counselor Chapter and Counselor Chapter Area could be used interchangeably.

23https://wwwapps.emnrd.state.nm.us/ocd/ocdpermitting/Data•\V,:>llDetails.aspx?api= 30-043-21117 24Refer to Chart I for spudded wells by month and type within the Counselor area. Data source is NMOCD.

nearly 37 averagely perforated vertic~l wells. This is an immense difference25• The BLM has

already admitted that this activity does cause differences in impacts: Over time, improvements in hydraulic fracturing techniques have further increased the production potential of individual wells. Those same improvements may also lead to incrementally higher emissions of VOCs during the relatively brief completion phase of new wells. Additionally, modem fracturing techniques may indirectly increase the quantity of roadbed dust temporarily suspended in the atmosphere simply due to an increase (relative to older fracturing techniques) in vehicular traffic involved in transporting mobile equipment and supplies. However, once the hydraulic fracturing is complete, these effects largely disappear. 26

Considering that horizontal wells which are hydraulically fractured have longer lateral being hydraulically fractured, it would stand to reason that the intensity of the impacts from these wells would be greater than their vertical counterparts. The current FFO 2003 RMP did not consider horizontal drilling in its analysis:

"Horizontal drilling is possible but not currently applied in the San Juan Basin due t.o poor cost to benefit ratio. If horizontal drilling should prove economically and technically feasible in the future, the next advancement in horizontal well technology could be drilling multi-laterals or hydraulic fracturin9 horizontal wells. Multilateral could be one, two or branched laterals in a single formation or sin9le laterals in different formations. Hydraulic fracturin9 could be a sin9le fracture axial with the horizontal well or multiple fractures perpendicular to the horizontal well. These techniques are currently complex and costly, and therefore t;ypically inappropriate for most onshore U.S. reservoirs. Comprehensive engineering and 9eolo9ic research will be required in the near future in order for these techniques to become viable within the 20 year time frame anticipated by this RFD (B.3)"27 •

..:_ Thus, the Chapter is concerned that this difference in impact has not been properly analyzed and mitigated (even if the BLM insists it is "largely" short term). Interestingly, the BLM does

&. not consider impact to be completely short term, what are the long term effects? Considering ~ the scale of difference in regards to perforated lateral lengths is considerable (a magnitude -; in difference) these "small" and "temporary" differential impacts are likely being multiplied

25These presented averages and totals are for the Counselor Area. Data was pulled from individual NMOCD well webpages.

26https://eplanning.blm.gov/epl-front-office/projects/nepa/90068/126746/l 54500i20 l 71205 FINAL EA Farmington Oil and Gas Lease Sale Mar ch_2018_v2b.pdf Page 51 - - - - - - - - -

27https://geoinfo.nmt.edu/publications/openfi letdetails .cfml?Volume=463 Page 113

many times due to the large scale in differences betvveen vertical and horizontal wells. This increase in scale also includes production. ·

202500

1Gl!750

~ 135000 ii I 8 1012so

67500

-Tolal OIi - Tolill Gas

Pt.::rt;

Chart 2: Montbiy Pro:iuc1.icn 0f 'Ji! <".nd G,.s wi~hin Study a:-:;:a .fa n 1993 - Jun 2018

1400000

Chart 2 shows total monthly p;-c:d;Jction for oil '1.r.::l g.:i.: p ::-oductiorr withi:1 the Counselor area from 1993 thru Jun 20l 3. Ourj11s the rime fram2 before fr.c firs t horizontal well became productive Oanuary 1.993 thru February 2a12) a to~:al of about S,K'.2,:Z94 barrels oil and 7,865,862 mcf of oil were produced. Thi~ was c:n 3'-'f.: , c\ge of 2bovt 29,662 barrels oil/month within the Counselor area. An a·-1erage of about 3-~_.1 99 ;:ncf gas/mouth was produced within the Counselor area before producing horizontal w ells. The current era of production (March 2012 thru June 2018) the Counselor area has produced 12,915,214 barrels of oil and 58,445,214 mcf of gas. This equates to 169,937 barrels of oil/month and 769,016 mcf gas/month.

The increase in scale of production within the Counselor area is significantly higher. The horizontal era is seeing production rates of nearly 5.72 times total oil production per month and 22.5 times total gas production. This massive increase in production (and of intensity since it is being produced much more quickly) is being driven by horizontal wells within the Counselor area. Vertical wells from January 1993 thru June 2018 produced 836,738 barrels of oil and 21,230,894 mcf of gas. Horizontal wells (March 2012 thru June 2018) produced 7,711,418 barrels of oil and 50,129,534 mcf of gci<::.

Additionally, many of the horizontal wells have multiple wells pe, pad. While this may reduce total surface acreage impacted, it does concentrate and intensify the oil/gas development. Thus, where a typical well would have been 660' from a residential structure with its

significant lower production rates versus having 2 or more horizontal wells only 660' from a structure with a great deal of increased production.

Counselor Chapter Ar.a Dally Aw-ag~ Gas ProdtJCtiOn

1/1993 thru 6/2018

-B>--4i1M!' -<US •llilt.'.ll

r-t--rtt-t-i~;--~~--t-....:i-!~ ~•lJ- \f;QDNI;" i a w:o )CCGl..:I

____ ..,.

... ....

--

Map 2: Average Daily Gas production in Counselor area from Jan 1993 thru February

201 2

,--~tiT~'"'T-:-f"--1~:.-.L.L_!_ 7 EJ 1'lOJ - lOOl)H"I

-~ D»•O'

~ fterthe introduction of horizontal drilling within the Counselor area (March 2012) gas production has increased $ignificantly. The area now sees daily gas production rates that are substantially higher than rates that had been seen before. This intensification of production has moved southwards towards populated tribal trust parcels (northern Darts of226N6W and 22N7W). Leasing of additional parcels will likely continue the increases in production in the ~ a and continue to change the geographic panem of gas production.

I - - --·--J-·: Lo-...

- ·- - •-·-··· _ __________________ ...J

ii production within the Counselor area has substantially intensified and has increased the areas where it is produced orizontal drilling has been the driver of this change. Looking at these patterns of production should indicate to th LM that horizontal drilling is a substantially different fonn of technology implementation which has had majo ffects upon the communities it has been implemented in. It sh<.1uld be noted the geographic pattem and its intensi s much further south then envisioned by the 2001 RFD and has only begin to be analyzed by the newest rounds o

Ds for the Farmington RMPA. ~-------------------- -

... -.

Lastly, active wells immediately adjacent to the proposed leases appear to show variation in their productivity. While most wells seem to have less total gas production than estimated by the EA they appear to have much greater oil production. Some of this oil production is many times greater than the projected total lifetime oil production of well in the EA.

Considering that the RPFO does not have RMP documents which have been update within the last 2 decades, it seems unlikely that the RPFO has proper planning in place to deal with newer drilling technologies and their consequently intensified impacts. The Chapter must insist that all parcels are removed from the lease sale to give time for the BLM to develop proper EIS level planning and to have further tribal consultation with Ojo Encino Chapter and the Navajo Nation.

Discussed wells: 30-043~20569,30-043-20580,30-043-20685,30-043-20690,30-043-20702, 30-043-20719,30-043-20729(injection),30-043-2073 I ,30-043-20739,30-043-20742, 30-043-20855,30-043-20856,30-043-20895,30-043-20923,30-043-2 l O l 4,30-043-21105

... i . .. i ... u .5 '1i •

VIII. Venting, Flaring, and Pitted \Vater increases in Counselor. Counselor had experienced substantially higher a?p.ounts of venting-and. fladng then it had ever experienced before. This was primarily driven by horizontal drilling in the Counselor area and a lack of accompanying infrastructure to handle such production.

Counselor Area: Reported Oil/Gas Spills7fi,cid~ni:s and Gallons of Spilled Product 2(102 -2011!

lu

0 ~§1....,,, ... ..--. ____ i..,,,....~.,,e .......... , L_, __ _L .:. ~- Im""' •. ;\ .. , .... ...lit,,,,, ·,i:u; 0

_,OJl114,t-M11 J • i.t ' -.lilhlt.et-c(Q .. VlbJ 0 !t:C : 4,~. t"t! .,,.

-"tN11U-tVi•., !ltfn1M (G•fci,1) 0 :'·f t' '"',J"'- ~ .. ,. ,JD ...

Future development in other areas that have nol been tr::1.ditionaliy major producers of oil/gas would likely show a similar development evolution where production is far ahead of carrying infrastructure. Meanwhile, the community is exposed to higher toxin levels due to pollution purposefully generated by oil/gas wells.

Having an RMP which has been developed for this intense type of development and for areas which do not have the accompanying infrastructure is a necesstty for ensuring human lives and health are protected and resources are 11ot wasted. Unfortunately, it appears that the BLM will repeat its mistakes that it has made regarding insufficient planning.

IX. Economic Impacts of Production in Counselor

18¥.

16,,,. I

Within the Counselor area from January 1993 thru June 2018, oil production had an estimated value of $559,898,250 and gas had an estimated value of $254,308,29528•

This total value produced roughly follows the production patterns of the Counselor area. From March 2012 thru June 2018 total estimated oil production value is $527,374,110 and total estimated gas production value is $184,609,684. As with overall production the majority of the production value has stemmed from horizontal wells.

2009

Percent of Mining, Quatf)ling, and Oil and Gas extraclfon ol Total Employment Counselor Chapifl ,-Year ACS Da,a - Value whll Ma ruin or Eno,

. , ..

0.71<

201.ll 1""1

G ,;

2013

0111,

?014

---- --------;

••

... }_ \ Chart 4: Percent of Mining, Quarrying, and Oil and Gas extraction of Total Employment for Counselor

Chapter 2009 - 2016

During this time Counselor Chapter does not appear to have had major employment benefits. Although a great deal of value has been generated by this are the residents of the community do not to appear to have seen this value translated into increased local prosperity overall.

Although the margins of error are relatively large, the data has smaller margins of error in 2015 and 2016. It appears that overall Counselor has not seen employment rates in oil/gas that are on par with San Juan County and the Farmington, Aztec, and Bloomfield (FAB) area. Employment for San Juan county and FAB have seen declines in overall employment (by percentage and total) over the past few years, but Counselor by percentage is substantially less. Although Counselor is within Sandoval county, it exists in the Northwest portion of the county. It also uses FAB area as its main shopping and

21The value are inflation adjusted to August 2018 using BLS CPL Additionally, production values were calculated monthly using monthly average commodity prices created primarily from the NM pricesheet (NM Tech) and EIA.

0 ~ .. i! ~

economic zone29, and lastly unlike most of Sandoval county Counselor area is a major producer of oil/gas.

. -------- ------------~ Percent Employm•nt "'1d TOia! Employment for Exlradt1e lndus:triei; ·--""«, .. ,,,.,_...,..,... . ....... ..,..,t....,•-•-~~ C-onl'!'l.lflitf~ J• d't- Sz.tCBfot otirSOI.I\..~. 81Don'11dd. an'1k>:m-...r.,.,... Fl'l~(C.lly)~Elnf'O)'lftl'l:-1. J::,i_na..., fc:l:Y, TGliUEITCll!D)'l'tWl1

M!rgrn.atE.m!ft~ro11hcwrrr, ---+--&~tf#C!'d~OCV)'Mila.n~I --•-- Bloorl'toitll(lly, f .abl~nl 20.0% .- 6000

18.0%1

------ ---15'400

16.0% ----• 4800

4200 i 3600 f

i 3000 j

8.0%

6.0%

4.0%

~ 2400 i

,ii 1il

1800 ~

1200

:l0"' 600 i::::::: :::::::: :: :::: ::: :::: :=-=~=~:::_::.: :: : ::::::~==:::::-::::: :·:~: ::::::::::::::_: -~:: ---. ··•---+••4,. - • --- . • -- -- ~:.::: :·,----· :;s~•------

0.0%1-- -- . , -lo 200S 2011) 20li 201 l ;.o!~ 20~, 2015 2016

Chart 4: Percent of Mining, Quarr1ing, and Oii and Gas extra:.:tion 0fTota! Employment and Total Employment for Farmington, Aztec, and Bloomfield '2009 - 2016

Additionally. ther~ has been royaities which '.lre being generated by the various wells. No monies are coming back to the local Navajo gm·emments from the oil/gas development within the Counselor area. The federal royalties generated are divided between the State and Treasury department. State royalties go back to the state. Allottee revenues go to the allotment interest holders. From publicly available documents it appears on average that about 38% of allotment interest holders have an address in the Cuba, Counselor, or Nageezi area. Although this does not indicate what percentage of the allotment royalties are returning to the community (or surrounding region) it gives rough idea en the approximate amount. Total production for various mineral owner types from January 1993 thru June 20 I 8 are as foliows

Estimated Qi! Value Estirr.ated GP.5 Total Estimated % ofTotal Value Value Value

Estimated Federal $383,355,876 $189.425,898 $572,781,775 70.4% Production Value

Estimated Navajo $46,551,182 $26,863,274 $73,414,456 9.0% Production Value

Estimated Private $1 ,664,606 $1,110,468 $2,775,075 0.3% Production Value

Estimated State $128,326,585 $36,908,65, $165,235,238 20.3% Production Value

29Hasbfdit6 Food and Energy Report 2012

--

To understand how much this is affecting the economics of Counselor Chapter, per capita income can be used. Counselor Chapter (when adjusted for inflation to Aug 2018) has had declines in its

er ca ita. Per Capita Income for San Juan Coonry, FAB. and Counselor Chapter .... Son.,.....OJ<ny

__ ,.._ 5-y oa, ACS lablo Bl,301. Inflation AdJUsted lo Augus1 2018 - ...... F....-.ngo,n

SJS,000 +-Oounoelor

$30,000 -- ----- . ... S25,000 :::=--- ------::::::: =--==-=== .. ; • V

1! S20,000 :,

j -= s $15,000

Ur~ cf

S10.000 -7 "r' r'7 ~t i58 S7f90 SS,000

I I

so -C--"1con& Parc,,pln .....,.,.. ~c- ,r,com, -~ncomo 1-~·''"''"' I -C-ln<""" 2000 2010 20ll I 2012 2013 20l4

Year

Chart 5: Per capita income for San Juan County, Farmington, Aztec, Bloomfield, and Counselor Chapter (inflation adjusted to August 2018) 2009-2016

The BLM should understand that economic impact modelling for the proposed lease area is different than other areas of the state. The "net positive" impacts from oil/gas are not felt in the same way by Navajo chapter communities as they are by communities in New Mexico. Thus, the BLM should remove all parcels from the lease sale to better understand and model economic impacts of Oil/Gas development within Navajo areas and to also have further tribal consultation with Ojo Encino Chapter and the Navajo Nation.

X. Oio Encino Chapter Land Use Plan Implications The Ojo Encino Chapter (the "Chapter") is a political subdivision of the Navajo Nation under 11 N.N.C. § 10 and a local governance certified chapter pursuant to 26 N.N.C. § 102. Utilizing Title 26 Authorities, Ojo Encino Chapter developed its original Land Use Plan in December 2003. Additional Title 26 authorities were granted via "Title 26 Certification" on March 6, 2012. With these new authorities Ojo Encino Amended its land use plan to meet the changing needs of the community and certified the plan via Ordinance OJO-ORD-2017-1. Most of the parcels have the potential to impact the quality of life of Ojo Encino chapter residents and members due to impacts on the environment, likely impacts to from traffic, and impacts to the broader cultural environment.

1) Dine Bi Beenahaz'aanii (Navajo Fundamental Law)

On the opening page of the Ojo Encino's 2016 Community Based Land Use plan the Declaration of the Foundation of Dine Law is displayed30• This provides the basis of Navajo law and governance.

In the Navajo Nation Council Resolution amending the Navajo Nation Code to Recognize the Fundamental Laws of the Dine (Resolution #CN-69-02) the following clauses are discussed:

The Dine have always been guided and protected by the immutable laws provided by the Diyin, the Diyin Dine'e, Nahasdzaa and Yadilhil; these laws have not only provided sanctuary for the Dine Life Way but has guided, sustained and protected the Dine as they journeyed upon and off the sacred lands upon which they were placed since time· immemorial; and31

It is the duty of the Nation's leadership to preserve, protect and enhance the Dine Life Way and sovereignty of the people and their government. . ::z

The Navajo Nation Council finds that the Dine Life Way must be protected and assured by incorporating these fundamental laws into the Navajo Nation Code in a manner that will openly acknowledge and recognize their importance and would generate interest to learn among all Dine; and33

The Navajo Nation Council turther finds that all elements of the government must learn, practice and educate the Dine on tbe values and principles of these laws .. . 34

The amended code itself c.escribes Dine Bi Beenahaz'i.anii as follows:

The Dine bi beenahaz'a;mii embocti~s Diyin bits~qdt;'r be~nahaz'aanii (Traditional Law), Diyin Dine'e bits~~d1y1y beenahaz'aanii (Customary Law), Nahasdzaan d66 Yadilhil bits!l~d~1y beenahaz'aanii (Natural Law), and Diyin Nohookaa Dine bi beenahaz'aanii (Common Law).

These laws provide sanctuary for the Dine life and culture, our relationship with the world beyond the sacred mountains, and the balance we maintain with the natural world.

These laws provide the foundation of Dine bi nahat'a (providing leadership through developing and administering policies and plans utilizing these laws as guiding principles) and Dine sovereignty. In tum, Dine bi nahat'a is the foundation of the Dine bi naat'a (government). Hence, the respect for, honor, belief and trust in the Dine bi beenahaz'aanii preserves, protects and enhances the following inherent rights, beliefs, practices and freedoms ... 35

300jo Encino Chapter 2016 Community Based Land Use Plan: Page ii (Inside Cover). Available at http://ojoencino.navajochapters.org/ojoencino _ 2016lup _ I '.:5dpi.pdf

31 CN-69-02 (Where As Clause 2) (Accessible on1me hnp;l/www nav1tiocour:.~.ors, 'Resolutions/CN-69-02D:ne p<lf) 32 Id. (Where As Clause 3) 33 Id. (Where As Clause 5) 34 Id. (Where As Clause 8)

JS I N.N.C. § 202 (Accessible online. http./lwww.na,·ajonationcounc11.org/Na~ajo%20Nation%20Codcs/VOOIO.pdfor http:l/www.navajocourts.org/dine.htm)

As noted by the Navajo Nation Council resolution CN-69-02, Navajo Fundamental Laws are a part ofNavajo governance since '"time immemorial"36

• These super structural laws have been practiced by Navajo leaders in local governance since before European contact37• The law should be approached from a holistic manner.

1) Diyin Dine'e Bitsqqd,p; Beenahaz'tianii--Dine Customary Law "It is the right and freedom of the people that there always be holistic education of the values and principles underlying the purpose of living in balance with all creation, walking in beauty and making a living ... "38

"It is the right and freedom of the people that every child and every elder be respected, honored and protected with a healthy physical and mental environment, free from all abuse."39

2) Nahasdztiim d66 Yadilhil Bitsqqdff Beenahaz'aanii--Dine Natural Law "The four sacred elements of life, air, light/fire, water and earth/pollen in all their forms must be respected, honored and protected for they sustain life ... "40

"The six sacred mountains, Sisnajini, Tsoodzil, Dook'o'oos!Hd, Dibe Nitsaa, DzB Na'oodilii, Dzil Ch'ool'i'i, and all the attendant mountains must be respected, honored and protected for they, as

- leaders, are the foundation of the Navajo Nation ... " 41

"All creation, from Mother Earth and Father Sky to the animals, those who live in water, those .: who fly and plant life have their own laws, and have rights and freedom to exist ... "42

r "The Dine have a sacred obligation and duty to respect, preserve and protect all that was provided for we were designated as the steward of these relatives through our use of the sacred gifts of

: language and thinking ... " 43

"Mother Earth and Father Sky is part of us as the Dine and the Dine is part of Mother Earth and Father Sky; The Dine must treat this sacred bond with love and respect without exerting dominance for we do not own our mother or father. "44

"The rights and freedoms of the people to the use of the sacred elements oflife as mentioned above and to the use of the land, natural resources, sacred sites and other living beings must be accomplished through the proper protocol of respect and offering and these practices must be

36: CN-69-02 {Where As Clause 2) 37

: Kenneth Bobroff Dine Bi Beena.'iaiilanii Codifying Indigenous Consue1udi,1ary Law in the 21 ~ Century. (Page 2) 38; I N.N.C § 204.A 39

: I N.N.C. § 204.E 40

; I N.N.C § 205.A 41

: I N.N.C. §205.B 42. I N.N.C. § 205 C 43; I N.N.C. § 205.D 44

: I N,N C. § 205.E

protected and preserved for they are the foundation of our spiritual ceremonies and the Dine life way ... "45 .

"It is the duty and responsibility of the Dine to protect and preserve the beauty of the natural world for future generations."46

2) K'e Bikeyah (Related to Fundamental Law) At the December 28, 2017 TriChapter meeting [representatives from Counselor, Ojo Encino, and Torreon/Starlake Chapters were present], there was a discussion on the meaning of"k'e bikeyah". The knowledge base of the discussion stems from Dine common knowledge that stems from teachings handed down from Dine knowledge keepers (i.e. Medicine Men, elders, etc.) The following narratives briefly describes the atterPpt to defi ne the heading of this section:

One Chapter official said this about the land: " If we get rid of all the colors [referring the checkerboarded and multi-colored map of the Tri Chapter area], the land is for all. We are free to go to wherever [ we wish]. We [Dine people], don't say ' We own the land'. Before maps there were no designated boundaries only landmarks. These majo·r and minor landmarks being sacred mountains and sacred places. But we were free to travel beyond."

A local citizen stated: "Before the lands were mapped into ownership tracts the landscape is one body. And from time immemor:al the-people we::e living ir; extended clan groups that move and intermarried in the TriCtiapter regien. Ali the lands vve,·e cot1n?.cted. The !and i~ put there for us and as the clans grew, there cJar;_s ,vere then rec<..'gr1iz-::d t--:: historically use c-ertain areas of land. These land areas were marked using various cu!turn l r,ai.r:mony (such as, but not limited to, buried grinding stones, sweat lodges. certa in types of texttle., . arid rock cairns)."

In an extended conversation, the following precipitated is translated from the Oine language: "The regional Dine culture of the TriChapter area.s is, at tlmes, L1nique comparP.d to other Dine regions and communities. Our songs, stories, language and methods of ceremony differ in distinct ways from people even as close seventy miles away. Even within the TriChapter region, the clans each have differing histories at how they arrived within the region. In terms of land ownership, the people don't own anything but control the footprints they are standing on. The land itself is a holy being and provides nourishment to the people and the people give nourishment to the earth­mother".

In summation, "K'e" is descriptive of a group of distinct and unique people that differ from other groups of Dine even as close as seventy miles away. "Bikeyah" is difficult to define because the Dine cannot own a holy deity. But, the TriChapter region Dine marked their historical land use areas utilized various cultural patrimony. The Dine in TriChapter region are a unified people through kinship, marriage and culture.

Significantly, this shows Sub-Cultural variation which is an important Way-of-Life Social Factor for NEPA analysis. Although the FFO is currently considering an ethnographic study of the broader region, this sub-cultural variation has not been accounted for by current EIS level plans or other

45: I N.N.C. § 205.F 46

: I N.N.C. § 205.G

lower level planning. It is likely this variation has not been shown through standard cultural resource surveys. Thus, this sub-cultural variation will require extensive understanding to ensure that impacts from proposed actions are understood and to fully understand potential mitigation mechanisms that can be implemented which are properly contextualized for the area. Thus, any irreversible action that could potentially limit mitigating mechanisms or other determinations/alternatives of future sub-cultural variation studies in the area should be avoided.

3) Quality of Life Title 26 of the Navajo Nation Code is meant to create "opportunities for the improvement of the chapter members' quality of life by: 1. Creating opportunities and environment for economic development. 2.Conserving natural resources and preserving Navajo heritage and culture ... " 47•

Statistically, residents of Ojo Encino Chapter and the trichapter region do not appear to benefit via job creation from Oil/Gas industry. Additionally, the local communities do not appear to benefit from the revenues generated by federal oil/gas leases. Lastly, allottees do not appear to benefit from federal oil/gas development particularly since it could lead to drainage. Drainage of tribal trust and allottee assets is a major concern of the Chapter.

Thus, the Chapter in its fulfillment of the goals of Title 26 and balancing economic development with the values as outlined in Dine Fundamental Law48 must interpret the proposed federal action

e- in the lens of "conserving natural resources and preserving Navajo heritage and culture" since ~ positive economic benefits are not apparent for the communities in question.

. -

-Ojo Encino identified Quality of Life as being a major element of increasing the Chapter's residential population49

• As noted by Chapter planning documents, there is a large Navajo Diaspora that exists across the Navajo Nation, the Trichapter Region, and Ojo Encino 5°. It is postulated that by enhancing the Quality of Life for residents of Ojo Encino that some of the diaspora could be brought back and to ensure current residents are satisfied living in the area. While the diaspora has multiple causes (including unemployment, social disorder, lack of infrastructure and public services) a strength that does exist to help counter this issue is the high environmental qualities of the Chapter area (Clean Air (likely much better than NAAQS), High Quality Ground Water, good Soundscape, good Viewscape, Dark Night Sky, Etc) 5 c. Although the BLM does have mechanisms to mitigate impacts to these resources, these mitigations were developed for the context of the surrounding dominant society. These mitigation strategies were not developed for the unique Navajo community context or the sub-cultural Trichapter social context.

The Chapter has determined that leasing will not likely improve the economic situation of the Chapter residents and will likely strain already frail infrastructure, public services, and could cause additional social issues as was evident in Counselor Chapter. Leasing will also reduce the amount of lands that will be available for families to develop homesites, altering Navajo settlement patterns, Additionally, leasing will likely lead to increased degradation of the key natural qualities

47Ojo Encino Chapter 2016 Community Based Land l.'se Plan: Page 3 (From Navajo Nation Documents) 481 N.N.C. § 206.B 49Ojo Encino Chapter 2016 Community Based Land Use Plan: Page 11 50Ojo Encino Chapter Sustainable Community Gro.,.,th Strategy: Pages 6-8 accessible at:

http://ojoencino.navajochapters.org/ojoencino_2016econplan_300dpi.pdf 51Ojo Encino Chapter Sustainable Community Growth Strategy: Page 36

of the area which is helping to maintain current population levels. While the act of leasing will not immediately cause these degradation/impacts to occur, the likelihood of them occurring with leasing these parcels is significantly heightened and would limit potential mitigations. Currently, no EIS level planning exists that accounts for the unique nature of the population dynamics in Navajo communities, additional planning and understanding is needed by the BLM to fully mitigate and possibly prevent negative consequences of leasing/development from occurring to the rural communities. Thus, all RPFO parcels should be deferred from leasing to further understand these impottant dynamics via tribal consultation with Ojo Encino Chapter and Navajo Nation.

4) Water Resources Ojo Encino Chapter and Trichapter Officials identified to the BLM RPFO that Ojo Encino water is of high quality and supplies the region with groundwater via Navajo Tribal Utility Authority waterlines. At least two major water bearing aquifers · are identified within Chapter boundaries: Menefee and Mesa Verde fom1ations52• Some of these formations exist more than 2,000' under the surface within Chapter boundaries. Thus, the Chapter has a combination of deep and shallow water sources (for both human and livestock use). Additionally, seeps/springs were also identified in the Chapter as being of high quality. Water is identified as "one of the most critical elements for development w ithin the chapter."53 Although the Navajo-Gallup Water Supply Project (Cutter Lateral) ~ill provide a large source of clean surface water for the.Chapter and surrounding region, the hydrologic report underlying the project cctnnot guarantee its water supply determinations due to legal settlements of upstream users and dimatk shifts5

t. _ Thus, in the unlikely situation that by 2060 water shortages occur the groundwater present in· .Ojo Encino will be very important for the Navajo population. Additionally, time horizons past 2060 become increasingly varied as to surface water supplies. The Chapter looks at ext"!nded. tlmelines -for the security of its population on the horizon of many generations and centuries at a time. G:-01.indwater is a resource which is controlled immediately within the community &nd provides a. r~so~1rce security for a necessary element for our community to.exist in the future no mat.ter what legal, political, and climatic changes occur. Thus, any potential projects or actions which could directly or indirectly lead to degradation of aquifers within Ojo Encino is taken extremely seriously as an economic and cultural security issue.

As part of the Chapter policies the following is stated: III.Natural & Cultural Resources 1. Ojo Encino Chapter's policy regarding water is it's protection and conservation. a) All water (surface and sub-surface) should be protected from undue or unneeded contamination. b) Ground water must be protected and shall include deep aquifer water. c) The chapter shall develop a water management policy which should consider aquifer recharge.55

It is important to note that the Chapter considers all water to be protected from undue or unneeded contamination. This includes water which might not be considered ·'potable'' by various agencies or entities. This water may be cun-ently unpotable but future technology may open this water for

52Ojo Encino Chapter 2016 Community Based Land Use Plan: Page 66 53Ojo Encino Chapter 2016 Community Based Land Use Plan: Page 69 541d Page 69 551d. Page 99

usage. More importantly water is also sacred both in cultural terms and by Navajo law56 having more than just mere economic value. Water is additionally protected as a cultural resource by the following Ojo Encino Policies 111.B.i and 111.C.i:

--

It is the policy of the chapter that cultural resources includes past and present cultural facets of the community and natural resources. All lands bordering Dinetah are a part of the greater cultural landscape. All activities within Ojo Encino that effect both past and current tangible and intangible cultural elements in accordance to what Dine within Ojo Encino revere in the natural, ceremonial, and oral histories since time immemorial are considered to impact Ojo Encino's cultural resources. Thus, any development that may have these impacts should be considered to ensure that development will not impact the cultural resources too negatively and is properly balanced with positive elements for the community community. (Policy Jl l.B. i )57

Ojo Encino c:msiders natural resources and cultural resources as being the same. Impacts on natural resources (both living and non-living) do constitute an impact on the cultural resources and well being of the community. Any development which will negatively impact or deplete natural resources in the community should be examined for negative and positive consequences to the natural resource and to the cultural environment. This shall include ,. iewsheds. (Policy 111.C.i )58

Additionally, the Chapter is concerned with any federal actions which has the potential to effect (directly or indirectly) Navajo Reservoir and Cutter Reservoir waters since these are the headwaters for the Navajo Gallup Water Supply Cutter Lateral Project which will provide many Eastern Agency Chapters with domestic water.

Unfortunately, the RPFO have not done planning in regards to horizontally drilled hydraulically fractured wells and how they differ regarding production and impacts. In Counselor, NMOCD c-115 data shows the following:

56I N.N.C. § 205.A 57Ojo Encino Chapter 2016 Community Based Land Use Plan: Page 99 S8Jd.

= l&ll'.l.)J

l!illllJ

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How Produt ed W.iter f1om Oil/Gas in Coun~lo1 was Disposed 1994-2018 (allwelb) NMOCD C-1 J5D.:a

. II ttH ~,a,,c ft)" I~' · ·,tt

l'1 s: -H-1

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Major increases in w:,.ter •-vhich is e \tber tran~c0tted (v.,-J! ir.h 'S assumed to be so\d) or Othered. It is not clear what other mr.-a:.s h0.w.::ver it aµpc::!.:S to r,::fo · to si,1dge disposal. This sludge contains various levels of heavy meta! and other pct~ntia! toxins. The 3LM has not fully a.nalyzed in this EA or other documents the attrit-u:-es of th;s i.ox ic w;:i_stc product which wiil be produced in large quantities within the erea and pc:k,;tiG".!ly inje.:-::ted ,1v·ithin Oj c- Encino Ch~pter boundaries. Since the scale of productior. i'.:- 50 t; igr:Jicantiy higher. the BLivi needs to take a hard look at how produced water handl1ng r.'.t;d dis;-101ai wil! '.:ftect localiti f!-: (t:sp~Gially !oc~I EJ communities) since the chances for spills and or accidents will inevitably incret1se. This trend has been also seen in Counselor Chapter:

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Counselor Chapte r A ·,.:;.:: Reported# c f O il/Gas Sr>;lls and Incidents _,.,-,d c= ,,.11,,•n :; -:. • Spilled Prod.,et

A• of P..r, ril l3th ,70 J.9

m m 2eo.2 :mos 2v0" ~:.:i~ io.)6 ::c-:,7 ~,ni:1 LOC1.il' ;o., a :,: 11 ~ r.:.,~ ~,•:1:-, .. ,n,. :lf>ll; ~ J..".J .""!!11., 2''.111:J ✓Cl'19

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5) Heating Fuel (Firewood) The Chapter considers firewood to be a subsistence resource of the Navajo people in Ojo Encino and the broader region. This is designated by the Chapter's Policies:

The chapter considers fuelwood supplies as being a subsistence resource of the Navajo community. This is due to historical consumption use, current overwhelming use, and an economic inability of Navajo community members to change heating fuels. All federal agencies should be made aware of this. (Policy 111.C.ii )59

The reason for this designation is based on Census data and from locally derived survey data for the Trichapter region

Census Data

l Housing Units j: . 2016 5yr 8GS: Table B25040 Using Firewood Total H~u5mg

.! ~ ~ating F_~ .L Units Percent

Counselor Cha:oter 216, 238 90.8% l:lYe...r:fAr:!9. Chapter I 377 720 52.4% ~i.l..e.~.i Chapter -- 208 253 82.2% Qi.Q Encjno Chaoter I 105 150 70.0% - I IQJJ!;tQlllS.tarlake Chapter 280 348 80.5% Navaio Nation I 28,342 44,691 63.4% Sandoval CountY I 2,535 48,534 5.2% San Juan Countv 5,857 41,036 14.3% . - -· New Mexico 52,087, 762,551 6.8%, United States 2,415 G34 117 716,2371 2.1%

Hasbidft6 Trichapter Food and Energy Survey August 2013

econdary Heat Fuel Typ

The Census data and locali:_: '~::, lk-cv.J T:ki·tp•,:;: :~1.ff\ ':': J:,~• ,1.;th tr:dic2.te that there is a differential pattern of vtgerz,.t;•. , r~~•J .1~·cc u-,ag.: b;' :h(: r,",,ibti~n::: \, =thin the Nav~jo Nation. Thus, additional analysis 1:; .,.q~i r·.!l1 W ~ird.:r;,:r.r,1 t!:i~·usa~¢ :i .~d potential impacts from any direct or indirect effect~ of th<;> f:, oposl:~1 r..:,e;.-r.·.! a .tiun:,.

6) Road/Traiis•ortat:on Imnacts The main route within Oj0 Encino C'hapt ,~ is ca:1-e,-{ Ojo Ct'cin,, Read, ais;o knQwn by its designated route number ISR-474. TSR-4 711 provide~ a r-oJ!ne~t!o, 1.:cd1tnism for people from Torreon, Ojo Encino, and Ccumr.:k1r \,·ho are raveiin~ rr:, r-h to F arrr1;ngton and South to Bemalillo/Albuquerquc. n·/s rn<'i:-, is i"l J.,:- 8!.\ r,l:'nt01) ,.nd .l,c ::-oad has been damaged by humate mini11g tr-~1ffk •\''~; '[~d c-r Ff :kr11'. 1. \'B:~, . .. \--U;ti,,.a,., 11~,. 1i- ;s -::>r<1'has ~ damaged ·bridge and serves as part of iocai ~- 1--coi :"'.us rfm~~:~. ;~ i;; n~a< :,'r-. 1l; ,,. i.!t 1 ~.! r-:y•·h,d of dirt roads within Ojo Encino has not been de,lgned f~·w i:e;1vy ·,1,J; stri .. d 1;,ni~ The Ojo Encino Land L'~,c Plan has identi rieti the areas \\ :.1cre 1.nis r•::-~d has suffered large amounts of potholes 6°. In a comr,t•nity n-ceting ,vi:h ~l•e ;;: ln,:.:a I ''\ "! st;:t~ r Glice officer, the officer declared the road to be one of the rnost dangero~1s in his district. Tr i$ i.:s dve to_the quantity and severity of the potholes which fo:- r ~-1-is .-1p;:,i.:as \_, t.c ~•u.: t' · .,_· •; ~:.~ r:·: lr.1.ffic v-:hich uses the road. Pothole repairs allevintc [· ,' , ·n1ut' ,,r, tem;-0 nir;1y ( 'i "c· · -..,-::,~.11 ) i b11(rl,e patches ,¥ear out quickly. The Chapter is workiq;. ,v:rr. e"~;1:es t0 fr'<'.. u.:,;:.1~ ,1r. ii ·j ~ , ..,;.,,I trn._fpc on t he road. However, additional tr~ffi,· -~:n ti ·~ 1· , · r •'· ... ("• • ' .'; •. I , .' • ,:i 1:· ·str,;~s th_e a.I.ready frail infrastructlirc /'l,rrcr \ · ·· - · ·, '·· ~I~i -~ these further impacts). This is alread:,· · ·f.. • ., , ... · · j: .. ::i·d pt,:;1ning by BLM actions in CoL~n~e:1-t·, r '· ,L~, ~ . · • , ,.,, ,-~1 J1 , · ·,· -=.:.T• ,:.: i d.urr::::.:e Extraction).

iSk-474 }<.-,a ·1 ' ~·wi-.tor. ~ q· '. - ·.,,- •; .

601d. Page 44

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The BLM must defer all parcels that could potentially affect roads within the Chapter and surrounding chapters. Real planning (not a basic traffic plan) must be developed to actually mitigate impacts from traffic and ensure safety while ensuring that infrastructure degradation is prevented.

XI. Economic Plan Impacts I) Food System Development

The Chapter has made Food Systems Development a key component of its economic development strategy61• This strategy includes the development of gardens, farms, and ranching. Thus, any activities in the area that could affect groundwater, surface water, or ranchlands/farmlands is of great concern to the Chapter for economic reasons. The Chapter must insist that all parcels are deferred for further consultation.

2) Economic Planning Conclusion The proposed BLM action for all RPFO parcels have the potential to directly effect Ojo Encino economic planning in a negative manner. All proposed parcels are tribal trust split estate and their development by oil/gas elements will pose significant problems in regards to Quality of Life elements and will effect settlement patterns. The Chapter must insist that all parcels are deferred for further consultation and mitigation

3C. development to ensure plan conformance.

XII. Disproportionate Economic Impacts and Different Economic Environment The economic environment of the Navajo Chapters (and of the Eastern Agency in general) is vastly different then the surrounding counties. Using standard economic analysis hides this economic

i. reality faced by Navajo communities

,i I) Emplovment in Oil and Gas Extractive Industry ~ Census data indicates the residents of the Navajo chapters of Counselor, Huerfano, Nageezi, Ojo

· Encino, and Torreon/Starlake are paid significantly Jess for Oil/Gas employment then San Juan or Sandoval county averages62

. It also appears from census data that the percent of the population in - these jurisdictions are employed at rates far lower then San Juan county63. These employment rates _ are in general higher than Sandoval county; hmvever, Sandoval county base employment rate for

oil/gas and mining is very low. Additionally, almost all oil/gas activity occurring in Sandoval county is in Navajo or J icarilla areas64•

This data seems to indicate that employment economic benefits are accruing to residents in non­Navajo jurisdictions while many of the Navajo areas have comparable levels of Oil/Gas development in San Juan county, and relatively high levels of oil/gas development compared to Sandoval county. This disparity may have many reasons (statistical error, education, or other systemic structural issues). However, from best available data this appears to be a reality for the Navajo communities, and appears to confirm observational evidence brought forward by residents of various Navajo communities.

61ld.: Page 42A3 62Appendix 1: Pay Rates 63Appendix 2: Employment Rates 64Appendix 3: Sandoval County Political Map

Thus, while Navajo communities will have to endure negative impacts. from oil/gas development, they will not necessarily see the benefits of such development while other communities will.

The employment str:.icturf.: for the proposed NEA \I~ r.rea and for all Ch,,pters tha.t are bordered by the 4~county area (McKinley, Rio Arriba. Sandoval, and San Juan) is different than·the structure for the populations of those chapters on the stateside

... C e&, r.n Eo >~ o""'

- QI a. :iS E fJ. w 11'1 -u ~< ~~ .... 0 ON

Percent of Employment by Sector and Area 45.0% r -

40.0%

35.0%

30.0%

25.0%

20.0%

15.0%

10.0%

The above table looks at the structure of employmer.t by industry and geography. Data is presented for the IO chapters th~.t are present within the FFO RMFA planning area (also referred to as NEAMZ). While a large portion of these chapters are within the planning area the data is for the entire chapter (not just the planning area portion 0 1· the chapter). Next, the co:nbined :data for the 4-county area is shown (it includes all of the 4 countie~ both \Vi thin o1.nd out,5ide of the planning area). Following this is the data for all Navajo chapters within the 4-county area. L astly, the 4 county area data is shown with the Navajo Chaptel data (for the four-cou:-ity area) rduoved.

Additional major economic structural differences ::; unemployment ad labor participation rates. The unemployment rnte is aiso substantiatiy higher in ---~avajo chapt!?rs than in the surrounding

counties. The 2017 5-year ACS DP03 table shows that unemployment for the the 10-chapter initial NEAMZ area is at 27.7%. The four-county area in general has an unemployment rate of 10.0% while all the Navajo chapters within the 4-county area has an unemployment rate of 20.0%. The unemployment for the 4-county area with all chapters removed is at 8.5%.

The labor participation rate (LPR) is also much lower within chapter communities as well. In 2017 the 5-year ACS DP03The LPR for the I 0-chapter area is 49.3%, the four-county area is 56.7%, all chapters within the four county area is 46.6%, and the four counties with the chapter removed is 58.6%. The difference in LPR between Navajo chapters and the surrounding counties is over 20% difference (12% absolute difference).

It is also important to understand that income is also lower for Navajo chapters as compared to their surrounding county counterparts. Total average income for all chapters in the 4-county area is $23,552. The four-county area has an average income of 31 ,912 but the 4-county area average income increases to $33,031 when chapters are not included. The difference in income is nearly $9,500 between chapter residents and residents of the surround ing counties. All economic sectors h . ·1 d' I . fi I s ow a s1m1 ar pattern re£ar mll: ower incomes or c 1apters.

4 Countv Area All Chaoters within 4 Counrv Area 4 Counti, Area without ChMlfars T- 824031 5-Year />CS 2017 -~, .... ---..~., ... ... r.,..,,,,a - ,... •. .. .. lnCQC'r,I! ticane Total: $31,912 $23 552 $33,031 . . ,

JOl'estiv. fishina and huntinn and mini/lo: S56,969 $29 830 $60,028 • ... Consbuction $33.964 $28.577 S34 790

,~ S46 681 $24,862 MR839 :!

Wholesale trade I $38.367 S28.081 $39 348 g...,;i,._ $21 ,814 $17 300 S?? 361 ,-~·

TranSllCIUltion and warehousin!I. and utilities: $47,588 $31 660 $49 834 $38 246 $12 673 S394n

Finance and insurance, and real estate and rental $35,235 $24.270 $35,885 IAnJt leaSilVI:

Professional, scientific, and management, and ,,-adminlstratiYe and waste mana- ent seniices:

$44,400 $33,004 $44,980

Educational s!!l\lices, and health care and social I $32 010 $23 ,606 $33,683

assistance: Arts, enlertainment, and recreation, and ! 514537 515,7,9 $14,717 1 ........... modalicns. and food services Olher seniices _,,__,, aublic administration ' S20 257 S18 608 $20405 so;_, """"ini"-_,_ I S42199 $33 919 $43 515

Substantially higher unemployment, substantially lower labor part1c1pation rates, significant differences in sector employment, and substantially lower average incomes show how chapter areas are substantially different in terms oflabor structure as compared to the surrounding counties.

ii) Leakage Rates The economic leakage rate for the Na\'ajo Nation as a whole has been and continues to be high. The US Commission on Civil Rights issued a report in the 1970s that indicated the leakage rate for the Navajo Nation was 67%65

. The Navajo Nation Division of Economic Development 2009-

65 McCabe and Hester. The Navajo Nat ion: An American Colony , A report of the United States Commission on Civil Rights. 1975. Page 26. Accessed at htt ps://eric.ed.govl?id=ED111561.

2010 Comprehensive Economic Development Strategy indicates the economic leakage rate is slightly lower at 64%66

• However. it is likely this rate varies base-don area.

Based on proximity to border tovms and the; degr:!e of economic development by chapter will determine the leakage rate at tbe chapter level Or. nation ~coPomic areas in eastern Navajo include Shiprock and Crownpoint. Additional economic opportunities ex ist throughout eastern areas of the Navajo Nation (such as a few gas stations, trading posts, smaller flea markets, and other informal economic elements). However, for many cha~ters it is likeiy that the economic leakage rates are much higher than 64%. For example, in the trichapter area only t\vo c-stores exists, one of which sells gas (Torreon/Starlake). It i!i important to note that both of these businesses exist on private land, thus are subject to regulations and t::ixation of the State/County. Although the c-store in Counselor is owned by the Navajo Nation. Thus, these stores represent formal economic entities which keep the leakage rates !ewer. However, looking c'lt the food/energy surveys for the trichapter area indicate that very iittle of overall food shopping t.ikes p!ace at these stores. Thus, it is likely that leakage rates for the trichapter area is much higher than 64%.

2) Revenue Generation In 20 I 5 the Chapter commissioned "! stud) of federal oil/gas production within Eastern Agency areas of the Navajo Nation. The study was airr.cd at es~imating tht:: amount of wealth generated by federal oil/ gas wells withir £,t!:tern Agency <'r:d ;:stirn~.t•~ th-;: am-.:mnt d' fcde,·i,I royalties (as defined bv FLPMA '1 generated wilhin easten·, ai::enc•; ·(!..lD01~ fde:·a1 ieases1. The total amount

.., ...... ._. s • ,,

generated per ye?.r in 20 l 3 clDd 2C l i w~s rough!) S l ~-G,{~(}~i.QO{i gerr.::rnti;·1g rc•ughly $ I 9,000,000 in federal royalties. Tht:se royalties are r:eariy cvrnlS' :,;}i i:t bc:":"-'i~';'.n th,; '7"re;,.su::: Department and Santa Fe. However. mud-; of t.h:::5e funds ""lever Jired:• c.:· :ndh·ec!:l:, .-:cme back to the Navajo communities being ir,1~~<1::t~d ?;y frd;c:ra! ci1 ;gr,~ devel,);:;; , :::-.t. ";"'ti~ h«s :c, ·fo wit;1 legal structural issues.

The importance of this issue i;:; to.-.r·~cognizf:' to8, Lnl;l·:"' c:b-r :",ew hfrxico communities which potentially can benefit from federal royaltit:'S , ?\'a\ ~io com,11lmities do not likely benefit as much or to a substantially lesser degree. !t should be noted, federal payments to the Navajo Nation due to treaty obligations of the United States with the Navajo Nation are not justification for the extraction of wealth from communities without bringing back monies to help m1tigate impacts (which is the intention of revenue sharing under FLPMA). Additionally, in the Chapter's past discussions with counties, the counties do not feel that they are being adequately funded for services at this time by the state Thus, the poternial trickle down effect of Santa Fe giving monies to the counties and perhaps the counties pro\- tding incri:ased services within chapter boundaries (such as grading) is not likely happening.

It is important for the BLM to fully recognize that the Navajo Nation is a sovereign Nation. Unfortunately, due to the checkerboard situation. federal trust lands are not currently taxed by the Navajo Nation. Thus, production taking place on those lands within Navajo country do not necessarily benefit the communities in which the production takes place. As was shown,

66 The Navajo Nation 2009-20 IO Comprehensive Economic Development Strategy. Navajo Nation Division of Economic Development. Page 23. Accessed at http://nava jobusiness.com/pdti'CEDS/CED N?-J l- inal ()9 I_Q.pdf

..

employment benefits have seemingly accrued to non-chapter communities. Due to major economic structural differences, economic growth/development have not accrued to the chapter communities either. Thus, the next potential benefit for chapter communities (that benefits the broader community and not small segments) would be taxes. However, the BLM does not fully analyze this situation regarding the Chapters.

New Mexico is nearly at the bottom for providing oil/gas tax revenues to its local communities distributing only 14% of its oil tax and only 3% of its gas tax revenues to local governments 67

•

The amount of local revenues (from taxes and state distributions) in New Mexico from the typical unconventional oil well was about $94,623 in 2016 (at $60.00/barrel it would be approximately $123,000 Jan 2018) over ten years. Tax revenues from oil/gas production is a key element in mitigating negative impacts to communities from oil/gas production. It is the underlying purpose of FLPMA revenue sharing (although it is generally determined by the state how it decides to distribute those revenues). In 201 4 the typical unconventional oil well was estimated to generate $1.3 million in revenues over IO years, with approximately $1 million of the revenue generated in the first 2 years68. Assuming similar production curves and a current price of about $60.00 this amount would be about $918,000.

However, it is important to understand that Navajo Nation is sovereign and the State of New Ma{ico is also a different sovereign (and a different type of sovereign). Thus, much of the prtllduction that takes place on Federal, State, and private lands do not benefit the Navajo Chapters or.¼Javajo Nation via taxes or distributions. The only production that takes place within Navajo Nation in much of eastern agency is on allotment lands, which is a complicated situation in regards to'taxation and regulation. -.

One form of distribution the state does directly to the Navajo Nation is the tribal infrastructure fund (TIF). However, this fund has not provided a large amounts of monies to Navajo compared to.revenues generated by chapters in the San Juan Basin. The following are TIF awards over the last five ye d N h I d. 'b d69 ars comparing amounts grante to ava1os versus t e tota amount 1stn ute

NM Tribal Infrastructure Fund Distributions

Vear Total Distribution 10 C!iapter Area 10Chapter% All Chapters Navajo%

2018 $8,831,925 $0 0.0% $3,980,078 45.1%

2017 $5,415,503 $0 0.0% $470,000 8.7%

2016 $12,158,068 $160,000 1.3% $3,395,912 27.9% 2015 $14,235,640 $0 0.0% $6,208,394 43.6%

2014 $14,235,640 $300,000 2.1% $2,275,000 16.0%

It becomes evident that the most effected chapters are not receiving TIF monies. Over the last 5 years the I 0-chapter area has received less than l % (0.80%) of total T IF funds; however, these areas have generated substantially more than thi s in oil/gas revenues from state and federal royalties and lease sales. It should be noted that in only the first 3 quarters of 2018 that Indian

67 https://headwaters econ om ics.org/ dataviz/ o il•gas-local-governments-prod uction-tax-revenu e/ 68 How New Mexico Returns "Unconventional" Oil Revenue to Local Governments. Headwat ers Economics. January 2014. Accessed at https://headwaterseconorr ics.org/wp-content/ uploads/state-energy-policies-nm.pdf Page 2 69 http://www.iad.state.nm.us/tribalinfrastructurefuna.html

gaming revenues (via Indian gaming compacts) generated nearly $54 million dollars in revenues for New Mexico. Nearly l 1 % of total net winnings··from this period were generated by the Navajo Nation, thus the Navajo '-!ation likely generated close to $6 m illion in revenue for New Mexico in the first 3 quarters of2018. To put this into perspective. Navajo Casinos (Nation wide not just New Mexico) distributed $10 mill ion to all I IO chapters for FY201970.

This is illustrative of the fact that the extractive industries in the area are also cxtractin·g wealth and opportunity for the chapter communities. Excuses that other revenue mechanisms from the state (such as TIF) make up for the lack of direct distributions is insuffident and ill informed. The revenues simply from one source of Indian gaming far more than exceeds d istributions from TIF, and likely covers any other addition:'ll distribution mechanism~. Additionally, New Mexico has one of the lowest rates of loci:<! governmental oil and gas t-3.X rever.ue distribution, so the stress placed upon counties to maintain services to tribal a,eas (which .1.re outside of their tax base) is also highly stressed.

XIII. 43 CFR §3203.10 (a)(e) for EOI Process ls .Not Vii/id for Oil/Gas Resources 43 CFR §3203. IO (a) and (e) details the process for including lvnds for competitive sale for Geothermal Resources. The parts of the CFR outlined for EOI for oil and gas leasing are under part 3200 Geothermal Resource Leasing. Under !D CFR §3 120.3 the "Director may elect to implement the provisions contained in §§3120.3-1 through 3120.3-7 of this titl~ after review of any comments received during a period of not lc:-s th.an 30 days fol!ov:1ing publication in the Federal Register of not;ce that implementi.tior. of those sec tions is bing ccnsidered". Parts §3120.3-1 through §3120.3-7 outline g nom ination p~·rxe~s fo r oil/gas kasi;1g. tfowever, it does not appear that the direc(or h:is e ver put this procl!oS :hrn1-1:d1 f:1e .:,0-day 1x.ibiir.: :-evicw.

The BLM does not make cler:r v.-hat rF)<:e::,s it i.:s•~·-:- 7·c -:- ·'; : , or0i-ta.tio1: cf pz.·:cds, it cnly states the need for the process due to the !vfL'.'I The Cr.Rpt,::r m.u'.-• ;n,,;s~ ·,:h<i~ t }jr; BLM only aliow parcels to lease sale which ha,,e gone through ar: 2.ctv,..l 0i l/ga:: r.~r:,i:udc-n p,oces:,, and not a process which has been arbitrarily chosen for other resources or h;is just decided to adopt in an ad-hoc manner.

70 https://www. in di anz .com/ lndianGa mi ng/2018/05/ 22/navaj O·Mtion-c.:i 5 inos-gene rate• another -1.asp

--r

XIV. Rio Puerco Field Office 1986 Resource Management Plan

-s ', - RPFO ( ur:ent 'Active RMP CO\-.:-r Page - L___ _____________ ~

The planning process for the currently active and utilized Rio Puerco Field Office Resource Management plan was announced in the Federal. Register on March 23, 1983 n. The plan was signed in January of 198672.In the RPFO RMP six oil and gas stipulations were developed (plus a New Mexico one). These stipulations are discussed in table 8 of the RPFO RMP (pages 29-31).

~

The-RPFO must defer all parcels due to the need for an updated RMP to adopt new strategies, miagations, and policies for the ar,!'1 which has seen changes in its needs and for the new reality of hydraulically fractured horizonta' ly dr:lled welis b~ing used at mass scale. As a gentle reminder, the RPFO RMP is over 3 decade :,, ,)Id and needs upda~ing (for example the RPFO administrative boundaries have changed).

It appears that none of the proposed lear,e parcels sit within the 1986 RMP of 1992 RMP Update planning boundaries. The boundaries l1f the RPFO changed in the early 2000s but no new RMP planning or amendments or update<· have occu:-red to address areas such as where the current lease parcels are being offered. The Ojo Encino community is entitled to the BLM RPFO at least having proper RMP level planning before committing mineral resou,ces to leasing processes. This could be possible if the BLM waits to lea::ie minerals until after it has adopted a new RMP which would include these areas (and this was the previous policy of the BLM): however, it appears that due to a secretarial order that the BLM has c-hanged its position.

It should be noted that secretarial orde;-~ do nm override the need of the BLM to do proper planning and to have proper stipulations and ElS level pl~ns to be tiered mo. However, the BLM's continued use of secretarial orders to lease without hav:ng an updated RMP is disturbing. The authorized

71 RPFO 1986 RMP: Page 12 72 Id.: Page 4

signing office; should be aware that when the current RPFO RMP was fully adopted the Soviet Union still existed. The social and technoiogicai i::nvironment has compietely changed since the last millennium. Leasing under the current RMP is nt best wreckless but more likely negligent. Perhaps the signing officer should reflect on the values and purposes of planning and recognize that all populations deserve fair and equal protectiom from undue and disproportionate impacts.

XV. Other Issues 1) Elevated Emissions P0ttrayed as mereiy a "Nuisance"

The Chapter is extremely concerned about the BLM's cavalier position regarding the elevated emissions from the potential wells stemming from this proposed leasing action. In the EA the BLM states:

Exposure to criteria pollutant emissions-particuiarly PM2s and PM10--VOCs, and OJ (as a secondary emission) would pose a temporary nuisance for ,hose living near the future oil and gas development. 73

However, as analyzed previously, the emissions from the wells would provide for a significant increase in various pollutants. The bulk of the increases may be temporary but would be acute. Thus, it would be more than a nuisance and could prove to be a medical emergency for any sensitive populations in the area. Additionally, while the amounts appear low when diluted on a very large scale (such as the 4-county regi.on) when brought d0\\:1 to a more contextualized region (such as the Ojo [11cino buffer are:>..) this dilut:or, becomes more: concer,t;ated.

Additionally, the EA stc.tes. While levels of HAPs ,11ould ai~o lr,c•·eR5C ,fo··,ag, c~),:stru:~ticn and compietion activities under the Proposed Actio11, these levels wouid '::t> low r~btive tc• thr distc:nr,e frop1 the rnu;ce and would not pose a risk to h uma.n heait": (in·.:ic1(line, 1:an~,:;-i r.,;:~;c.1.1::;e- there wculd tl? ..,o 1,,;-g-tem1 exposure to elevated levels oftoxk air ;mllutants.74 ·

These statements are relat ively ar,blgu,::,u:;. Lo,_;,, k v:;ii: .,-~ic:.frve to the <lis~anc•:: frorr1 the source is a relative statement based on where the measurement is being taken. What types of distances are being discussed and what HAPS are being a11aiyzed? The Chapter understands that the EPA has data on HAPs and CAPs. CAPs can also be hazardous. D,)cs the BLM also consider CAPS in this statement as well? This is especially important since the BLM acknowledges that PM can travel great distances.

Additionally, a recent study's conclusion published in the New England Journal of Medicine concluded:

Our data show independent associations betwr-:en short-tenn exposure to PM 10 and PM2.5 and daily all-cause, cardiovascular, and respiratory mortality in more than 600 cities across the globe 75 .

73 RPFO November 2019 Lease Sale EA (DOi-BLM-NM-A0l0-2019-0041-EA): 3.S.1.2 (Prote~t EA) 74 RPFO November 2019 Lease Sale EA (DOI-BLM-NM-A0l0-2019-0041-EA): 3.5.1.2 (Protest EA} 75 Liu, C., Chen, R., Sera, F., Vicedo-Cabrera, A. M., Guo, Y., Tong, S., · · · Kan, H. i2019). Ambient Particulate Air

Pollution and Daily Mortality in 652 Cities. New England Journal of Medicine, 381(8), 705· 71S.

https://doi.org/10.1056/NEJMoal817364. Accessed <3t h~tps://v;ww.n~.org/sJoiLfull/10.1056/NEJMoa1817364

Unfortunately, the BLM has refused to listen to the concerns of the Chapter, and mounting scientific evidence backs these concerns. The BLM does not obviously grasp the importance of the issue of localized short-tenn and long-term impacts of these projects on local populations (or perhaps is indifferent due to competing interests). Further in an editorial in the New England Journal of Medicine the following was stated:

Given the abundance of evidence in support of an association between short-tenn PM2.5 exposure and mortality, what is the contribution of the time-series study by Liu et al. in this issue of the Journa/?1 First, this study included almost 60 million deaths from 652 cities in 24 countries, thereby greatly increasing the generalizability of the association and decreasing the likelihood that the reported associations are subject to confounding bias. In observations consistent with previous studies, all-cause (nonaccidental), cardiovascular, and respiratory mortality were associated with short-term exposures to both PMio and PM2.s.76

Additionally, many of the studies have conc luded that the per unit increase in mortality rate is greatest in areas with low level PM and accompanied by no safe minimum threshhold:

"We also found that higher annual mean concentrations of PMio and PM2.s were ~ accompanied by weaker as~ociations with daily mortality, a find ing that has been reported

in previous studies. 10-~

5 The possible adaptive response to PM in populations living in areas with higher long-term exposure to PM may lead to smaller estimate-per-unit changes in

~ exposure."77

And

l "On the basis of studies of exposure to multiple combustion sources of PM2.s (outdoor air pollution, secondhand tobacco smoke, and active tobacco smoking) and cardiovascular mortality, Pope et al. proposed that the shape of the concentration-response relation is

--- · - curvilinear, with a lesser slope at higher exposure levels.li Although other studies have

reported evidence of such curvilinearity, the current study of PM data from many regions around the world provides the strongest evidence to date that higher levels of exposure may be associated with a lower per-unit risk. Regions that have lower exposures had a higher per-unit risk. This finding has profound policy implications, especially given that no threshold of effect was found. Even high-income countries, such as the United States, with relatively good air quality could still see public health benefits from further reduction of ambient PM concentrations (i.e., below the current NAAQS)."78 (Emphasis Added)

76 Balmes, J. R. (2019). Do We Really Need Anorher Time-Series Study of the PM2.5-Mortality Association? New England Journal of Medicine, 38 I (8), 774-776. httr:s:t/Joi .org!\ 0.1 056/NEJ Mc 1909053. Accessed at https://www.nejm.org/doi/full/10.1056/NEJMe 1909053?query=recirc _ curatedRelated_article n Liu, C., Chen, R., Sera, F., Vicedo-Cabrera, A. M., Guo, Y., Tong, S., · · · Kan, H. (2019). Ambient Particu late Air Pollution and Daily Mortality in 652 Cit ies. New England Journal of Medicine, 381(8), 705-715.

https://doi.org/10.1056/NEJMoa 1817364. Accessed at https:(/www.nejm.org/doi/full/10.1056/N EJ Moa 1817364 78 Balmes, J. R. (2019). Do We Really Need Anothe,· Tirne-Series Study of the PM2.5-Mortality Association? New England Journal of Medicine, 381(8), 774-776. htcps:i!doi.ornJ 10.1056/NEJ1v1el 909053. Accessed at https://www.nejm.org/doi/full/l 0. l 056/NEJ:\-Ie 1909053 ?query=recirc _ curatedRelated_article

This means that the amount of increase in mona 1 ity is more acute for populations which live in clean air environments. The cleaner the air the higher the per unit increase from increased PM levels (even short term) can have on local populations. Thus, populations such as those living in Ojo Encino, Counselor, and Ton-eon/Starlake chapters are at risk to this higher per unit susceptibility compared to their urban and more polluted neighboring populations

Additionally, studies continue to show that iowei· ~0ci0cconomic groups hav~ higher mortality risk to increased air pollutants :

"This paper showc; thflt cv~n in a ,,·i:!U krc-wn .1.i<:ceptible group of people air pollution health effects are nnt homogenous and diffore nc:::s in the magnitude may be inversely associated with socioeconomic status."79

Additionally, the Chapter has indica:eci that it:; air qual it_y is generally much better than NAAQS and NMAAQS and the BLM acts as this better air quality can be used as a "bank" in which it can make withdrawals. This form of air quality managenent ?..';SL1r;.·,es th~t there is a minimum threshold below which is negligible effects upcm local human popu!aiilms. However, this is not true.

The surrounding Navajo ~-:,mmunit;e:~ arr :::t:rta i•,r")- (;r_,i1s1derer'. ,.o be EJ pc,r,u!ations (generally associated with lower socioeconomic indic::tto~s,1 . r rms t.et.vec~ the likely cleaner ambient air and the lower socioeconomic :_;;t.atus of surrounding io(;a/ r.,I,,vc.jG µcpt:.lations,: these populations will suffer a dipropionate impact from iil~r~ased p0lh.1t?-tit le,·ds (l v:.:n if only "short-tcnn") .

. :;,_

Thus, the Chapter beiir!ves ::h:i.t the RPFO 1mtst·d·d~~-a!! p;·o_;:,.,;e-d p:,.rr:eis so thit_ it. !'TI!:lY do better more contextualized. pian;:1jng r.~·- :·1~ ~•s.rcds c:::ir.,:; c·:fr:·cc f:,r Lase sale ar.d consult w ith local chapter government~. reg;,.1:di:1g 1oczr ,·c:.·sio:r,.,_!-\.: .-:;;:,-c:<"Jfir. ,,-1r•<"'-~:::, . i\ d.ditionaHy. these impar.;ts have scientific evidenc-e indicating cj::prr:•r:1rti0::rnte:1;;::p:,-::.'.:: 1-.:p c, ;- tf!e .,·.!rro,.1ndi,:g EJ communities, which the BLM has already a~mittt>d too, b1Jt nv in.;)udsd disproportionate heaith impacts (including mortality). The Chapter considers this to !~c an issue which will require EIS level analysis.

The BLM's usage of the term ·'nuisance" is indicative oflhe cavalier and now apparently negligent approach it takes towards making important decisions such as leasing. Why does the Chapter have to provide the BLM with research and analysis, consid~ring the Chapter has no resources compared to the BLM, and the BLM and BJA and DOI are all required to protect Tribal populations under its tribal trust relationship and from other laws ar;d executive orders. The Chapter's concerns about the ability of the BLM to provide accurate analysis and ability to make decisions which are based on input and evidence appears to he severely compromised at this point considering how scientific evidence (even from a cursory review of studies) indicates that 5hott-term PM increases are more than a mere "nuisance" to local rural EJ popuiations.

79 Michael J. Daniels, Francesca Dominici, Jonathan M . Samet, S::ott L. Zeger, Estimating Particulate Matter­

Mortality Dose-Response Curves and Threshold Levels : An Analysis of Daily Time-Series for t he 20 Largest US Cities,

American Journal of Epidemiology, Volume 152, lssuE: S, 1 Sept?mbcr 2000, P~ges 397-406, https://doi.org/10.1093/aje/152 .S.39 7 Accessed ;,t ht~_ffilcadem · C.Ol%CO mL ajelarticle/152/5/397 /149395

.-::t . .

2) Coalbed Methane Development and Groundwater The Chapter finds it odd that the BLM has not discussed CBM development. There are a substantial number of wells within proximity of the proposed lease parcels that are CBM. CBM in the area tends to be shallow additionally the Ojo Alamo formation is in proximity to CBM bearing stratigraphies. The BLM must take a hard look at potential of CBM and its potential interaction with ranching, subsistence, and domestic groundwater uses by local population.

• The BLM still did not analyze the potential usage of CBM within the lease parcels. The Chapter assumes that this will preclude future lessees from utilizing CBM on the leases since non-analysis at either the EIS or EA level will exist to ensure that impacts that are different (such as water usage

- or emissions, or shallow formation utilization) will not be an issue or require mitigation strategies or stipulations.

3) Land Deformation: Lifting and Subsidence In the Permian basin a study has shown dramatic deformations in the landscape primarily caused by oil/gas activity. This is of particular importance to indigenous populations due to our unique relationship with the land. There is also cultural resource implications as well, since alignments within the landscape and between land features and the sky are important for various cultural purposes. Deformations in the landscape can impact these spatial-cultural relationships. The study cm be accessed at: https://blog.smu.edu/rcsearch/2018/03/20/radar-images-show-large-swath-of­t~s-oil-patch-is-heaving-and-sink:ng-at-alarming-rates/

This study may have been conducted in the Permian, but the Chapter has concerns regarding potential similar effects in the San Juan Basin. The Chapter has attempted preliminary Interferometric Synthetic Aperture Radar (In SAR) analysis of the Counselor area using Sentinel­I satellite dara which is not currentiy ready for this EA protest. However, the BLM should conduct similar analysis to determine land deformations which may or may not be occurring .

The BLM appears to miss what this issue is actually regarding. In the end of the document the BLM replies to this issue with the following statement " Seismicity is analyzed in the EA in Chapter 3 as well as in Appendix H". Upon reviewing Chapter 3 and Appendix H, there appears to be some errors. The BLM does not analyze seismicity in chapter 3, instead it only "briefly analyzes" seismicity in AIB-3 and in appendix F. However, neither of these areas specifically analyze the issue raised which is human induced lifting and subsidence of the groundlevel from oil/gas activities which has been shown to be significant in regional basins. This issue could have serious consequences for Native American spiritual s ites and ancient sites which use alignments of groundlevel features or a combination of groundlevel features and sky features (sun, other stars, moon, or other celestial objects). The area of potential effect could be vast and include all areas which are within the full viewshed of variou::. features throughout the entire region. Thus, this issue could raise the potential adverse impact upon Cultural properties as well. Considering the potential impacts shown in other basin from similar oil/gas activities, and considering the concentration of past and current cultural properties which exist (that could have alignments using ground features as part of its function) it should behoove the BLM under the NHPA to do further analysis to better understand what impacts may exist and how thi s lease sale would add to the cumulative impact of such an issue. Additionally, the potential adverse impacts due to oil/gas subsidence and lifting of sites utilizing various alignments could also negatively impact the integrity of the archaeological

and cultural sites and impact the scientific value and discovery of such alignments by pennanently altering the landscape on a large scale

The BLM must defer all par-;;els for EIS level analysis, and at minimum, it should defer all parcels for further analysis of this issue.

4) Underground Microbial Life The BLM m ust begin to consider impacts of o il and gos development upon lifefonns which live in the underground cnvirornnent. These lifefo1T,1s tend to be cellular but are part of the living environment, as such the Chapter considers it as part of the cultural sphere of the area. Additionally, these organisms can effect GHG and other various emissions from wells. Underground environments such as oil reserves provide an environment for microbial life.

"Oil production is the major anthropogenic factor irfltiencing microbial communities in oil reservoirs"80

. These influences need to be. better understood. BLM c~n access a general article on the topic by reading Mark Pannekens, Lisa Kroll, Hube1t Mi.illel', .Fatou Tall Mbow, Rainer U. Meckenstock. Oil reservoirs. an exceptional habitat for microorganisms. New Biotechnology. Volume 49. 201 9. Pages J.9 TSSN 1871·•6784. Accessed at: https://www.sciencedirec t.com/science/art id £Lpj:/S I 8716 78-1-183 I 6935#kwd00l 0.

Reviewing the protest EA it appears the BLM does net warn: to ~ven ac:<nowiedge the fact that underground lifeforms e:dst in the oi l/gas ;xo.:J.L1cing f!•rmatians and that thes1;; lifeforms will be affected and will affect the prnduction ofany pctentb1 v:elk Per',ap:.; the BLM's analysis capacity is stretched thin or does 11ot !-Jave th~ expertise to adct~';'S~ this i:;su~ ever. in a brkf format. In fact the BLM did not even addi·ess why it refuses to •.;\ en i;,cntion the iss-:.11:. 'ihe BU/: must defer all parcels to better address th:;: ir'ip?.cf, upon undfrgrouw) .,ic-ol:bl iifeforms ,r-:d the impacts of microbial lifeforms upon rJiL rncthcne v.nd HAP:'C \ P p~, c!J, ·io'"i.

The BLM must remove al l parcels fmm leasing until fmt bcr a:1a!ysis can be done regrading underground lifeform impacts.

5) Rio Puerco Watershed Impacts not anaiyzed sufficientlv Congress created the Rio Puerco Management Committee (RPMC) due to issues related to sedimentation. It was reauthorized by Public Law 11 J • I l in 2009. All of the listed lease parcels can affect the Rio Puerco Watershed area.

The 4.7 mi.llion•a.cre Rio Puerco watershed drains portions of seven counties in west.central New :f\/iex ico, and is the iargest trib-utary to the Middle Rio Grande. Past land uses and natural phe-nomena have resulted in accelerated erosion and stream channel-ization in the watershed, leading the Rio Puerco to have one of the highest annual sediment loads in the world. Transportation and deposition of this sediment into the Rio Grande system causes water quality deterioration, increased

80 Mark Pannekens, Lisa Kroli, Hubert Muller, Fatou Tall Mbow, f(ainer U. M eckenstock. Oil reservoirs, an exceptional habitat for microorganisms. New Biotechnology. Vo!urn~ 49. 2019. Pages 1-9 ISSN 1871-6784.

Accessed at: htt ps://www .sci en cedi rect.co m/scie nce/a'rt icle/ pi i/SJ.871678418316935#kwd0010

sedimentation of water sup-ply reservoirs, lost agricultural productivity, and a variety of other impacts81

.

This should behoove the BLM RPFO to take a hard look at potential watershed sedimentation impacts and needed mitigations and/or stipulations particularly as to how they are related to the Rio Puerco Watershed.

Upon review of the protest period EA, it has become apparent to the Chapter that the BLM ·management at the RPFO, Albuquerque District Office, and New Mexico State levels consider planning and protection of the Rio Puerco Watershed as being not important. Unfortunately, the BLM lacks analysis regarding sedimentation increases that will be created by any future development of the proposed lease parcels both by construction and from increased traffic. The concern is not only from potential pollution increases but from increased sedimentation. Even after many repeated attempts to raise this as a serious issue to the BLM both in meetings and by written input, the BLM continues to fail in analyzing this issue in any meaningful way. This issue has been raised as a serious one not only by the Chapter but by the US congress. Apparently the BLM management at the RPFO, ADO, and State office levels feel that it is not a serious issue requiring serious contemplation and potential mitigating strategies and lease stipulations before they lease parcels in which they will only have limited capacity to apply strategies without being accused of ''taking" by the lease holder.

I

Considering the importance of the issue (not only apparent from the Chapter's input but by Congressional decree) the only two areas of the protest EA where the issue is addressed is in AIB-2 and at the end of the document where the comment from the Chapter is listed and the reply by th~BLM is that it is addressed in chapter 3 of the EA. However, review of chapter three reveals that lssue3 (3.5.3) only addresses water use and quality of water utilized. It does not address the Rio Purco Watershed and sedimentcttion. The AIB-3 does not constitute a "hard look" at the issues raised and the BLM's hope that section 6 of the leasing form will be sufficient to address any possible issues is disconcerting and bordering on wreckless. No in-depth analysis of issue has taken place to allow for the authorized officer and, more importantly, the public to understand whether the BLM will be able to sufficiently mitigate the impacts upon the watershed. The BLM is blindly leasing minerals without fully analyzing an important issue, and using hope as a justification for leasing in place of actual analysis. If hope is all that is required for the BLM now to make decisions, and not actual analysis, the Chapter hopes the BLM wi ll reconsider and start applying what NEPA intends and use actual analysis.

The RPMC authorities extend at minimum through the end of Fiscal Year 2019 (within which the lease sale planning has been embedded)82

• Considering the Tiered EIS level documents are from the early 1990s and the RPMC wa5 formed in the mid-I 990s, it is likely that current stipulations are insufficient to address the sedimentation issue. Additionally, it is apparent that the BLM requires deeper analysis and need EIS level analysis to ensure proper mitigations/stipulations are provided for and that there is an understanding of any potential impacts which may remain

81 See page 2 of the following: https:/ /www .govlnfo.go11/content/pkg/CRPT-115srpt405/pdf/CRPT-115srpt405.pdf 82 See page 3 of the following: https://www.govinfo.gov/content/pkg/CRPT- I I 5srpt405/pdf/CRPT-I I 5srpt405.pdf

unmitigated. Thus, all parcels should be deferred for EIS level analysis or at minimum for further analysis.

6) EA Points of Concern 1) PAGE 24

1) On page 24 of the EA (DOI-BLM-NM-A0I0-2019-0084-EA) the BLM assumes that the PM levels ar~ not "elevated" due to the rural nature of the area. However, this has not been the case in Counselor where elevated levels of PM have been found due to construction activity taking place in a concentrated manner within the chapter. As a result this assumption that PM levels are not elevated does not hold on a smaller localized scale. Additionally. assuming that the levels of PM are not concentrated. what !eYel do they exist at. Short term exposure studies to PM have shown that the lower the initial ambient PM levels are before increases, the more dramatic the effect of the elevated PM foyels upor, population mortality rates.

2) PAGE 27 (Table 3.4) I) Why is table 3.4 not brnken down by county? At least try to make the data slightly

more locally releYan t considering that all of the offered parcels are within a concentrated area.

3) PAGE 29 I) Does NATA. fully capture Indian Hee.Ith Services ,nedical data? The Chapter

believes baseline data that ·is sp~cific "':0 Ojo Endno or trichapter region should be utilized to better understand ~edka1 h 1ca.cts within the comrnunity(s).

4) PAGE 3 1 1) Why does the BLM state that the P!vi levelr, v,rould be low due to the distance from

constructior.? All of the.,e p~rcels either t a"e residences ,:,,· a!·e in dose proximity to residences. Air qua1ity data in CJ,.m<;-::1or Chaptet hrrs $~ 0 ''vT -fl1at increases in PM levels at households likely d t!C tc\ OiG 1:ites.

5) PAGE J \ (Tabl.:3 .8) i) Table 3.8 should also list non-federal wells to better understand the total amount of

deve!opment occurring. It should also bre!ikdown these numbers by county. 6) PAGES 31-32

I) Section 3.5.1.3 does not have any loi:ally relevant or contextualized air quality impact analysis for the Ojo Encino and Trichapter ar~as.

7) PAGE 33 I) Why does the BLM not also include the Navajo Nation and Eastern Agency as areas

of analysis? The BLM is is currently operating in the Navajo Nation by attempting to offer ali tribal trust split estate parcels which are all located within the Eastern Agency.

8) PAGE 37 (Table 3.12) I) Table 3.12 should breakdown GHG emissions by county.

9) PAGE 38 I) Climate change disproportionately effects indigenous communities such as Ojo

Encino and the Trichapter region since the populations are more dependent on their surrounding environment (medicinal, cultural , food, income, heating, cooling, etc).

I0)PAGE 38 (Table 3.14) 1) Table 3.14 should be broken down by county.

~

& .. ;

.;

.. .

I

11) PAGE 43 (Table 3.15) I) Break table 3.15 dmvn by county.

l2)PAGE46 1) It appears that the BLM may be storing toxic waste under the parcels since not all

injected water is returned to the !>urface. 13)PAGE 46

l) Navajos living on the proposed lease parcels have a unique rural settlement pattern as understood by NHPA. Leasing of these parcels without proper stipulations will likely modify this settlement pattern and degrade the nature of these cultural districts.

14)CULTURAL RESOURCES GENERALLY I) Since the proposed parcels are all within the territorial jurisdiction of the Navajo

Nation and Ojo Encino Chapter. the BLM must conform to Navajo Nation and Ojo Encino law and custom. The BLM is encouraged to study the Navajo Nation's TCP manual and integrate this information into its analysis. Additionally, the Navajo Nation THPO (not just NM SHPO) needs to be integral in this EA and future actions.

2) In reference to Chacoans the BLM is purposefully excluding Navajos from including Chacoans as their ancestors. Why does the BLM continue to deny Navajo ancestry in regards to Chaco Canyon? The BLM should use better terminology which does not exclude Navajos as descendants of Chacoans, use of the term Ancestral Puebloans is exclusionary language.

15)PAGE 47 l) Once the parcels are leased, strategies to protect the cultural integrity of the parcels

and the broader area becomes compromised (unless proper mitigation strategies and stipulations are put in place before leasing). Unfortunately, only a bare minimum of stipulations exist. The BLM should conduct full cultural resource analysis before leasing any parcels located within Navajo Eastern Agency.

16)PAGE 48 1) BLM does not seem to address the effects of the visual environment upon local

Navajos living on or close to the proposed parcels. Additionally, ambient noise levels are lower than 50 dba.

2) Temporary lighting and flares can disrupt ceremonies. 17)PAGE 51

1) BLM acknowledges that EJ communities wi ll be disproportionately effected but does not propose any mitigation strategies in an attempt to nullify this effect.

7) Ojo Encino Policies of Specific interest to the BLM 1) I.A.vii, LB.ii, LC.iii, I.D.ii i/iv, 2) 11.E.i, 11,E.i.a, 11,E.viii, fl.F.ii 3) III.A.i, 111.B.i, 111.c.i.a, IIl.c.ii. lll .C.iv, lll.D.a/b

8) Ojo Encino Chapter Policy HI.C.iv l) Since the BLM wishes to lease mii~erals within the territorialjurisdiction ofOjo Encino

Chapter, the chapter requests a multitude of b:iseline data to ensure that before the BLM

commits resources for dc"elopmrnt (which it efTectivdy does during a lease sale), that appropriate data is available to ensure proper protection of the environment and people.

2) Following Data Requested: I) Road Traffic Counts (with type of traffic) 2) Detailed localized economic data with analysis 3) Localized Crime Data 4) Ambient Sound Level Data 5) Localized (chapter lc\el) Air Quality Data 6) Datelied water Quaiity data from al! formations in the area of the parcels (and

detailed ,~ater ~uality data from the domestic NTUA water well and from livestock wells and seepslsprings in the area around t'1e proposed parcels)

7) Visual Resource Assessment for the Area around the parcels 8) Health Impact assessment for the Ojo Encino Chapter an<l for Counselor Chapter 9) Others as requested during further tribal consultation

9) Parcel 29 Nomination lrregularitv I) It appears that parcel 29 was nominated by a federal agency (presumably the BLM).

Additionally, it\vas not nominated until August 2 ls·, 2019. only 5 days before the public scoping process began. Why (according to the NFLSS) did a federal agency nominate the parcel? "fhis is net disc!_.ssed in the EA.

2) NFLSS Da;;.Hc f'.,:';; sho\, 5 ht folJo,.vin?-: •"r .~ .. --'r,,, •

'.J Geo.:.t.:1-, LO!'x,1n.;-.rr;

~•-' .,,C2cot~-!-t•.)4t W I ' . .. ,e::, ~ c.1~:c};!.:.0~.i..· se.

SF.-':'i'ln: C-';~-

10) Proper TraF.ic Planajn.g I) Road Dc,,.N'l,..._~i~-~ : <; " ,·n -, ic•r i<'.'.~;•F,,• {o~e,•' ;,. r:-i, ;:-,e',v• c·1°:-·1t<"l' :1 =~ 1·1kely any ~.,..\.t ~ .1,. \.JI. ' ~ ... - ,~ . .... -· ... c - L ... l .,\..,._. - ~, .. : ........ :>...- • -" .... ~ l .,

developme1!t wl,;ch \viii cccur wiil fi.irth,:,r c'.egrade lJublic ir1frnstm<:t.ure (such as roads) within the Trir:haptcr region.

I I) Civil Rights Infringed After review of the Environmentai Assessmei1t nr-d due to the di:;proportionate Environmental Justice impacts and health impacts as shown by scientific studies related to short-term exposure to particulate matter, which are have been and will continue to be faced by Navajo populations due to BLM actions, the Chapter is of the opini0n that the civil rights of Navajos are being infringed upon. This is also evidt>n~ iu the BLM precluding equitable access to the protest process by no longer allowing the acceptance of faxes for the transmission of protests. The Chapter and many Navajo communities are far removed from post offices, and also require transportation to reach post offices. Thus, the BLM is creating an accessibility issue which disproportionately effects Navajo communities. The Chapter already believed that the BLM·s policy of disallowing the use of email or some other digital form of submitting protests was targeted against poor rural communities, which in New Mexico includes many Jndigenous communities such as Navajo communities. The Chapter has used fax as a form of submitting protest in the past, but the current requirement of the protest having to be mailed or physically delivered favors wealthier and urban communities. Due to the multitude of various BLM administrative actions and decisions, it is now apparent that Navajo Civil Rights have been and con1inuc to be infringed.

Not only should this issue require that the current lease sale be deferred, but also should trigger review of previous lease sales for deferment.

12)Fannington Field Office Ongoing RMPA Ojo Encino Chapter is a Cooperating agent for an ongoing Resource Management Plan Amendment for the Farmington Field Office. The parcel being offered by the Farmington Field Office is located within the RMPA planning area and within Navajo aboriginal territory. The Chapters believes that leasing of this parcel before the RMPA is completed will negatively affect the ongoing NEPA planning process and reduce the viable decision space.

XI. Concluding Remarks _ The Chapter must insist that all RPFO and FFO February 2020 parcels are deferred from the lease sale for EIS level analysis. There is a complicated array of issues including proper RMP development, lack of a currently sufficiem EIS level plan to tier this proposed action to, major tribal trust issues, major impact issues to the Chapter and surrounding communities, and cultural resource impacts that have been unanalyzed. This complicated array of issues will take a great deal of ,consultation to untangle this multitude of issues and to determine what mitigations can be implemented for protection of tribal trust assets, allottee assets, protection of the environment, protection of the local economy, and general protection of the local communities. For now, the Chapter must insist on deferment of all parcels for further tribal consultation.

With Respect,

--S--George Werito.

--Ojo Encino Chapter President

12-18-201 9 Date

Appendix 1 Pay Rates

B2403t N0USTRY BY ME0Wl EARNINGS N THE PAST12 f.(MHS (llf lAT~-ADllSTEO 00..lARS) Ftli THE CIVILl'.N Et.fLOYE0 l>a>UIATm 16 YEARS AND OVER Univeise: Civilian~ poiualioo 16 years and umYtitl eamilgs. 2012-2016ArrmaJI Conm.oityStlvey 5-Year Estimates

2010 2011 2012 2013 2014 2015 2016 -- - --- -_ A~for~1ini~ Mi1lint& 6torest'Mm1r~ t,~n~_ ~aesV'rl.ining 1ani~ ~est.Mnirg Mmi~ ~ini~ Mini~ AtoreslMnl~ Min~_ hjdini~ Mi~

tooose!CI' $11$75 I !14,375 $34,(00 $14,643 $33,750 $13.523 ~~ S28,3l3 S33,3l3 527,500 I I t - $13,605 $6,635 S67,7re l $23,750 $21.250 $43,750 $46.~ $27,0Cl'.l $24,688 $22,500 $40)13 $24,464 $40.208 !.'@ytW_ $16,406 I $50,4li • i2M25 $21250 $19,375 $21.667 S20)13 $37.~ $7,!m 521250 $18,750 521250

~ -I I I I $16,667 $9),156 $6250 I $7,031 I $7,344 I $6$75

,Newm S37,118 f-0,022 $31,411 $50,856 $.17,961 S52,678 $38,850 S53,tw.Xi $.18,338 $54,400 $39,798 $56,149 542.309 $60275 ~~11dova! Coun~ $45,888 $43,542 $38,500 ~2.721 $36,429 $51,563 $30,00) $39,375 $30,033 $38,421 $31.463 $37.~ $36.500 $47,993 j~~ J~an Coun~i $51.410 $54.366 $52,249 $5-1.791 ~.968 $54,034 $53,621 $57,123 S51,974 $55,478 $54,639 $57.309 $60,407 $62,184

% Difference iom San Juan Coonfy ,Counselor -76,9% -,25% ·31.9% -71.3% -37.5% -74.8% 41.4% -455% -39,9% -49.7%

"· -73.5% ~7.8¾ 29.6% -53.4% -00.7% -18.4% ·18.5¾ -48.1% ·55,5% -58.8% -29.7% -595% -35.3%

t,Wll.. -68.1% .],5% -59.5% -00.7% .£3.9% -62.1% -00.9% ·32.~% -87.0¾ -6W% -69.tl¼ -65.8%

~l~ -67.3% .71'/4 -88.r~ -865% -86.6% -88.6% !JW~~e___- -~@9eOlCh~ -M -87.8% -15.5% -37.9% -62.Vl6 -41.5% -61.4% -40.~ -60.2% -42.61k -70.5% -46.3% -72.4% -50.6%

r YI"" DI If!! -iA% 7Yr~vgDiffMOO -49.6%

-% Oiffereix:e torn SaMoval Coun~

1CounseJor -74.1% -62.7% 45.8% ·59.8% -34.5% -54.9% -14.9% -5.7% ·13.2% ·12.6% ·10A% ~63% 75.9% -34.8% ·58.8% 45.8% 18.3% ·101% -35.7% ·28.5% 6.1% -33,0% -16.2% ---642% 31.0% "43.4% .58.8% -35.4% 45.0% ·32.4% ·2.4% -77.5% 44.1% -48.6% ·55.7% -

- --542% -2.7% -79.2% -16.6% -76.1% -8

-695 -1.31 14.7\ ,45.flr, 411)6 -38.7' -301' .9 -31.296 .1711 -48.flr, -19,0% -54.ll -36.R -1.3% -36.7'6

Apper1dix 2 Employ111ent R_ates

1 ______ 5'-'2'-403-'-=-:INOUSTRY BY SEX FOR THE CIVILIAN EMPLOYED POPULATION 16 YEARS AND OVER American Commun.ti)' Sul'ley 5-Year Estimales I

- 2015 2016 J --TolalEmployment A¢'orest/Mirnng Ag/Forest

3Mining+OIG

3Total Employment

133Ag1Forestl_Mining A~~ t_~ inilig:_9~

Counselor 116 6 5 3 3• ao2 48 1s· 29 845 53 7 s 3!?l 201 21 8_ 13 179 18 5 11 123' 3 2 1 125 2 1 1 403 21 12. 9 426 20 13 - 7

876035 39103 17511 21592 876210 36893 15919· 20974 58433 878 709· 169 59332 780 5~1-- 1Blj 51561 5713 635 5078 49984 5488 611 4ff17:

-· --· ·1

2015 2016 f TOlal Employment A~Forest/Mining Ag/Forest Mining+O/G' Total Employment Ag/forest/Mining Ag/Forest Mining+OIG• 1

COunseloJ

~--+--

5.2% 2.6% 2.6% 3.8% 2.3% 2.3% 6.0"A, 2.4% 3 .6% 6.3o/o 2.1% 4.1% 10.4% 4.0% 6.5% 10,1% 2.8% 7.3%-2.4% 1.6% 0.8% 1.6% 0.8% 0.11% 5.2% 3.0%, 2.2% 4.7% 3.1% L6% 4.5% 2.0% 2.5% 4.2% 1.8% 2.4% 1.5% L2% 0.3% l ~ l.Cl% 0.3%

SanJuanCounty 11.1% 1.2% 9.8% 11.0o/o h_ZO{o ~8% * The percentages presented are for Mimng and Oil/Gas is combined. The Navajo coal mine likely employs a large proportion of Navajos in the ~ ~ ~i ar~. Thus the slightly higher percentages may stem from mining activities _ ...

-5.91% ·5.10% -0.63o/o -8.64% -5.87% -5.23o/o

3.67% 4.48% 8.95% 0.94% 3.71% 4.35%

Difference From San Jua11 County 1.35% -7.26% 1.14% -6.23% 2.75% -3.38% 0.39% -9.04% 1.75%' -7.62% 1.48% -6.n%

Djfference From Sandoval County 1.37% 2.30o/o 1.16% 3.33% 2.77% 6.18% o.41% 0.52% 1.76% 1.94% 1.49% 2.85%

1 • 7.22'1/o _ 1.03% __ ._7.50%+ -4.71% 0.91% -5.62%• .0.92%' 1.57%---2.4~ •9.38o/o -0.42.% -8.96%: ·6.28% 1.83% -8.11%1 -5.70% 0.98% -1.54%1

2.44% 1.26% 1.95%1 4.96% 1.13%· 3.84%1 8.74% 1.00% 6.96%, 0.29% -0.20% 0.49%J. 3.38% 2.06% 1.34%! 3.96% 1.21% __ 2.~L

--~ppen.dix 3: Horizontal \Vell ,.1s "'lerticrtl V,lcll Con:iparisons

-!:,....,~ -r\ f Pi. ,,r (-... ( "T) T)i ~t'1T ~ ct -~: Jl_..J ~ .l"\.lV-. .._.,,J_,.. -~--~ .· ...:-t-.~ i ·1 . .._.,

Counselor Ch• pt..r Avg Oepth Avg Oil Avg Gas. Avg Water Avg Days Pt• Total Count

I

Vert OIi Weii 5,616 22.662 179,515 3,443 8,073 47 Vert Gas Well Hori& otl Well Hortzontal Factor

1,714 26 181,831 143,307 6,304 80 11:138 98,007 623.925 31,003 1,248 79·

1.98 4.32 3.48 9.00 0.16 .

Intensity Oiffarence: Counselor Time 'F''ac:tor 6 4 7 o;t'Facior 4.32 Gas Fedor 3.48 Water Factor 9 00

Total Removed 1 1 3

N•s,-zl Chapt..r . . f-Avg Depth Avg 0,1 Avg Gas Avg Water Avg Days Pr• Total Count Total RemoY1td

VertO0 Well Vert-Gas Well HonzOilWell HonzGasWeU Hortz Factor OIi Hortz Factor Ga•

5,535 24,683 98.309 9,713 7,402 90 OJ 1,608 1,860 149,107 109,623 4,152 89 sr

11.539 130,366 356,632 35,022 1 .044 84 5 _, 10,881 113,596 617,516 30,952 1 , 137 12 0

2.08 6.28 3.66 3.61 0 .14 6 .77 61.07 4.14 0.28 0.27

Intensity Difference: Nageez1 Oil Time Factor 7 .09

lnlensily Difference T1meFac1or

Nageezi Gas 3.65

Oli Factor 5.28 Oil Faclor 61.07 Gas FaclOr 3.65 Gas Factor 4 14 Weier Facior 3.61 Water Factor 0 .28

Vert Oil Well V.rt GasWell HonzOIIWa ll Horiz Gas Well Holtz Factor OIi Hortz Factor Gee

iniansJly D i fference Time Factor Oil FaclOr Gas Factor ~a~rFactor

Huerfano Chapter Avg Depth

5,353 3,875 9,946 5,919

1.86 1.53

Hue rfano Oil 4 51 1 0 7 217 087

Avg Oil Avg Gas Avg Water Avg Days Pr• Total Count 54,203 228,225 52.906 7,616 247 6,410 1,061 ,817 40,044 7 ,803 2440

58,196 495,549 45,966 1 ,690 18, 3,356 436,598 51,777 2 ,736 29

1.07 2,17 0.87 0.22 0.62 0.-41 1.29 0.36

lnlens11y Difference Time Factor 0 ,1 f actor Gas Factor Water Faclor

Huerfano Gas 2 .85 0 5 2 041 1 .29

Dl•trtct 3 Horizontal Well• >400' between Tdepth and Mdepth & Random 500 Vert Wells

Vert Oil Well Vert Gas Well Horiz Oil Well Honz Gas Well Horlz Fedor OIi HortzFacllorGa•

Avg Depth A vg O il Avg Gas Avg Waler Avg Days Pr. Total Counl 5 ,729 3 8,701 277.204 2 3 1 ,592 7 .385 41 4 .980 4 ,989 1,765,544 28,.739 8 .680 456

1 1 ,108 100,7 57 531,314 2 7,911 1 , 190 136 6,793 5 ,186 1.557.299 51,664 4 .131 244

1.94 2.60 1 .94 0 .12 0.16 1.36 1.04 0.87 1.80 0.-

6 ,21 2 ,60 1 94 012

tntansity Difference: Dasi 3 Gos Time Factor 2 . 10 Oil Fa<.."tor 1 04 Gas Factor O 87 WaterFector 1 80

Total Re

• 5 1 1

Total Re~-11 0 0 2

Aztec and 2 mile buffer (E,N,W (No South) Avg Depth Av~· Od Avg Gas Avg Water Avg Days Pr. Total Count TolaJ Removed

4 .735 2 ,762 1 ,L83,18 3 16.941 8 .608 529 ~ 1 6 .5 15 1 ,935 667 ,102 2 3 .616 4 867 34 ---0

1 .38 0.70 0 52 1 ,39 0 .67

lntensily D ifferen ce : Aztec A re a Gas 'Time Factor • 1 7 7 ·o;1 Factor O 7 0 Gas Factor 0 ,52 W aler Factor 1 39

Appendix 4: Doc11ments of Interest

Ojo Encino Chapter Resolution OJOE l l -17-16/002

-

R l f OJOE 11 17 16/002 eso u 10n - - was a so passe !._.QY tne 10. owm~....3.Q!_ers: db ' ,. II h t

Chapter I Resolution# or Date I

Becenti Chapter I !

Counselor Chapter I ICOUN-2016-11

Dikon Chapter DIL# 12-70-16 -1------·

Hardrock Chapter 112/17/2016

Huerfano Chapter IHt..:E-015-17 ---

Lake Valley Chapter L~iC-'·~O Vi 3-0%

Nageezi Chapter '>,c ; 7-0i 3

Oljato Chapter Tuu1 I-09-16 ' -------·-----

Pueblo Pintado Chapter i ?PC-11-2016-037 I --·----------· -·

Oak Springs Chapter ;osc 1-08-17 #ts Teesto Chapter ! TEf:-1' IOV-12- i 7

I

Torreon/Starlake Chapter jTSL ll/2016-092

Whitehorse Lake Chapter 111/16/2016

Whiterock Chapter I WRC-0 17-009

Resolution OJOE 11-17-16/002 was also passed by the Eastern Navajo Agency Council ( composed of representatives from 31 Eastern Agency Chapters)

\,,_. ... ,.,_ ......... . \ ,,...,

fo ) ",,,,, ... ,, .. ",_; b ntll~.~

, ..... c11ic,,, .. , -

EASteRN NAVAJO AGENCY COUNCIL THE NAVAJO NATICN

P.O. ao,ua c,ownpoint, Mc:w Mex.ico 87313

'"°""' {505) 781>•7090 tax: (505 I 786-2097

.,.., .. .,. '"• l\h l•,rndtll J.ohV,,t ,~c,11 , .. _ lCtlH >lie~_.~....... t..,,c: m:a,f;fMON4'1

Rnotu1h,a No. f.l't'AC ll•lOlt..OJ

RnolutloA of d11t Ea,tc-m N•, .. Jo Aacr1cy Co1tncil of 1h~ Na\·ajo N1tio11

R[SQLU[lON IN QPPOSIDQ'i TO fURJH&R APJ'RQ\'AI,~ Of FEDERAL OMP MINERAL LIMP.. FQ>f.JUI, OHdiAS Btl.Alfi.D PR.OJRCTS. A"D REJ,AT[D f::NYIRQNJ\U~f'oilAL ANAL)'.SJS APPROVALS PX 111'1\EAU Qf LAND :IIANAGt;Ml\;'1' \\'!TU\N Oil !MPACTl~G NAVMO NADON lil1:¥!MS AGJ::.NCY ,\KEAS AND C9MMIJPSITtt5-

WHERF.AS. ·n11: hKlrm N:.-.nj,, Avnq• C-vur" il C-1 N',,c•, ii. a Q,.l\'t'fnhlaUoJI t:;11;1~· 1.'.,,rori i.:\.C,1 i •l •i(!ic itsb J"mnl all t·.wm N1\'ttj~J\.ger.cy ( ;~i,er~ M'.c:i

, Monia a,maucd ~- ,,,,,.,tu~ uJClo, .and bo,.ua nf federal fluid minen.l !t-aso :hat nte withh F.dtm A(.mt)' um houndarie-ia .ate not du.Rd v.i1h lht Nn•jo '-Ja 1iM ~.1 liz.ncm .-\,t,i,e~ Chllprcts 1\

stod)"'C<Jm%iJmonod by Ill< Ojo Encino Ch,plcr tldma«.I in ?01) '"° 2014 <hot foil<r>I oiVg,, rvy'11y revc:ouc:s ,cneraled rru.n 'MlhlA Ear.c:rn Aarcr.<y arcs4i 11o1:rc an ~ ~mllkd $11,510,~I) "114 S 1.S57.46o n=q,tttivety. 1hca rcdcnl my•lty manin w.:re divided bttwcer1 the U.S. l>q,ar\m~nl of th: Trca.<i;Ur)' Md'ihc eso of New Min(k,o u provided hr 1hr 11tder.al I ..and P'olicy 3r.d M..'\tv~n• Act ffU'MI\) SediM l I 7(a): ond

FIJ!MA plC"ide, ,ls, follo""'Vlf! ltnpa~ rtaMdiri1 Minuaf Revwnuc W.rina · IW-,-. .-S•-t -'-"~--.-:-,. ,. 1'11,,.W.,:MIII.,,.,_.~- U .....,~•1;/'nl.tioh - --"'· 5'<b-,6'it'l ......... ....,.,. IMl,t_.. ........... ! ,:.-.wr,. « ~ ..-w1; 1y ~tl ....... lnw:t .... ... 1'4.,..(11,........,,.--... ~-' ...... --"--~ C-•• ~..,..,,...__,,1,...,

Cunemty. 11lotl Da$1t:,:1 Aat-n~••y cluptc-rl 1--iive a 1-.:.k of rt.sOu tCCI (<e J)llm1il\Q:, pobli1; fflt ilUc~. a:v1 Pl~ ,e:rvtoe1; -.:I

11 111.ao appem"S thDI many A ri,Uwt.ri~ ror ~ rmb1im t<' l>rlU Cl'.PO.\J Uld r;..•wi~ntmfll Aru.l>~i (E,\s) r~l4HN u f.tdtnil oillaxs dcvclo~t ,,-,:ithfr1. ot iar-,«tinij t:Jt4cn: Aien.:Y lilns.'oornm;Jl'l,,l1M:S, hil~)' Dftd Cl.C'Nl\~I}' LM:k. SWfic:ttnt <Ji,e-::1 uibat eouu!t&llor. .. r.d l.n"Vironn~ nuJ Ju.c:t1c..:- ~!'l.J:ly.;, : end

Tbe-Burc:cw rf land Mr.nay;cmcnl Fanningtu1.1 Field Offi~t- is Cl.ln'cntlr l."I the mu:ht "' amr:oding it,1; RQQI.Y'CC Manao:mc1H Pl:&n ii.ilich be'8,ll pt.it\lic ~ o,. Fcbruarf 25. ;014, Thi, ,1ma,drnc:n: p~ ia. ~>ina and b ~ mort d;OMUQl'l.ty a1 dc~ t •within ril.lC'm Agency a.na!ll a.nd 1:k• c flcc:1s orHoriKll'llal HydnuJIC Frw:rtaing: and

, . .,.,,.,,__.,~rnL.i.,_ ._Ith

A1 ran at" 1he ll('S,,):.ttnl M3ru.:,cmct.t Pwi Antta~ 1bc 10llowi"8 we isruu t~ t« ~ ~ Uri~ put.lie- A..~nlj'.:

1-..1...~.t~ ...... ...,,,,.t,rt/'f,,M_,.~_.....,~ ... --..._... . ... _,_.".,_.._,..,...,. ... .., .... ..,. .. ,,. .. ~_,, ll!,Vf l'U~~"""'1h•....,.;0 • 4- J.11

•,ws~NIL"ll--,.hW ...... ,"ke:..1,.,_Jllf,_41rw1~...-,,._.,,___~_,....,.. _._1rflMII N ......... _.... _.,....,_,.,.__,...,. __ 1'_:N,.--,._~ ....,,~wft ••'11~••-~• i!,.w'n O-i..,..."'-''-__, ,.,, ..-JU ..... ,, ... __ __

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NO~· TIIC::RrH,!U~ (.t£ n · 1tE~O!..\'E(> TJI.At'. n-: t.: NAC ls nptn,1 all pcnd;n1 and l\.cwt ltdetaJ Ruld lltUIM:flll OLM le...::, within Ntffjo Emnn AQMCy ~~ (ot othN' lo..-ue $&'.O wJ1.foh oou.ld ditt..-cdy OT ll'Mifr1ICl.ly linpe,."1 EMlmlA&tnc! A.teal \ft.ii • rtUOuble ~·tnut- ~ ti& m~Ln b dtvtlcpod. l.bt new Farmi-,,ton F"'ttld Offtct, RaoW't't Mlf'Mgcrnen; Pb,, ,\me:--.dr.W'lll as dl'\·tfopcd. 1nit a tuU ~.dq ()f pou:Mial etn,imnn:nta.l mid hc:.,.lt13 lt:ipa.."1, ofhoriz.oo~ hydm.alK lroi;turi~ i~ dc.-.'t'IOpeJ.; and

The OLM ih.d' dt\-c:or i,C-'1UZnc m\lJ 1:u11U11lWly ipa;:i.tk: en¥UUnfflC':Mi Justia, analpa .,..,, ~ UI d i1t"I trit.t c«:N!tatit')n with t.fftttcd ~,l>aJ c,ornmul'litiu/dMpul"f. Addt:tOMII)', che- lll.M m"4 ....... twd lc.,u._ " I o.\ldu 1-t~ :heJ_ tNi/1 t9e;uite: ra~~I kl ~ •tu I'-:)' Neel lM: modem rllnduda or 111131;,is ~~ •nn1o=iroor1wnnlJWIUC'~ tn4 tn"bol COU\tlwioa RQ~ lad

'l bc: liNAC i$ ,1.jjlCne., the q;,io\.'d or :r.d.di1i,11u.l a,11.1 pcwii.fta l':,,,dcnl od/ps mated PfOiec" ~ ir,ITa\!n ltlw~ (11nle'9J. ~ i::i~d for C'tne~"ffle;)I or h~ahhfulecy ~). and UMlr ~ Emironmtnur AM:.y1.i, 14i'lhin F.a•1e:n ~'\r.,ncy .au, (ar odiicr ail'llilar pojecu ~ ~ Ea:acn. Al,ICnc.r Ar,:u which ,.-oo!ci dir:c1ly oc lndirealy Impact die Euacrn ~ Arca.,) anti.l • ru1a,.alll; ,~nuc shat::q: rncclUl!l;,n b «'\-eloped. th.: r.ew fa,DJop>n F'~ omo. ~ Manqt:mca1 Plan ,\mtndrn,,:nl 1s d..-nh,ped. Er.d a f'.ll l u:nckntandina c,f ~ mvironmcnlal md bcallb ~ 4'( tie>ri:zont.a! hylhaul ic fra&:.h1m1,N i• dc,~h,sx:cl, ani3

·,iu. 1::-,,,At ...;&ht-4 ro 1,ttt 11:"1 lf'qblt.lbLt •i•,i~11K"fl inr f.tdtnJ roywl•y rc-Hfflln, u&es., ad bonua j~cd v.id1in f-'.ttttq; ~ bci~q (>A.·tilrh. ~li.,:jes teckrall)' man•re,d land,, ant 1nlncnl1,J l'l f'lllbl!y NIU~ udvmc im~rs fril!n fc,dcral 011t«u dc\ie~rn..'f'll withisl N1~ f..Mt:C:rnAfl!ZKTM'l'U ThCJie (\led& ~I b..- both Wn:c! .t1~•ly IP im~td c-~ .llld t port"111 a•9') divided ecnon .. all bsl,c;in A a.;cnc:y c-h.apttrs "') tic5p dcvii:~r PI.Ull'll:'1'1,. r"lbllc- ht.Hll~r Jod pu,Nk flC:l'Vker-; tnd

,; li f 1

THE NAVAJO NAT ION RUSSELL BEGAYE f•!l C$1UI '- I' JONATHAN NEZ \'iU PRI '>lfW'\:1

l :mningcon f ic!d Ortic•: llurcau of 1.uno \1anai;..,111cn1 o~St (.\,liege Bl,,l .. Suit.: A h1m1ing1on. N"-'1 8741)2

Ile: Conceras tcy,ardin~ Cha~,, Canyon CuUura! !ll,cork l'"~rk

I h.: ~,a,·ajo Natiun is conc.-mt-d lh::>t ,n.:rc;,s~d drilli11g in th.: b 1.st1:rn Navuj•J area is hqp111in11 10 , ncroad1 011 Clm-:o Cull~ml ',~ticnal lii•·rmic Park. In whkh the Nn,·ajo Nation and l's:i~.~;,, l"'"['k hu,·,.; ,;ritic-il cu!tural and ri,;t,1rical !1t·s. In mldition. l am concerned 1h,1t the mc,,:.~cd ~wfa,;e acti,.il~ fr,n:1.<lrili: .g is 11,t,:r,1:;iurn: the d:iil:, li"'-"" .,f N:n:tin peuple ,,ho lwc t!".i. t•·.:- "':~··•~J :--.:.u:c>n Ci;.a~;<;..'7'.t ~,,.~b a!' Ctrs:-,1.---=!~-;t~ :~"n~:.:"!. 1,.:. Torr~nt an.:l·QZi:, l!ndr.:\~

Dn-:- 10 th,; impa,'.l!' ,m c,,,~r, ;,n, 1n~ :--:~·.a,,, r-"oplc. !Iv: Nati"" :1,;ki: hr the Bureau of l.m~d M.iric.~cnl•.!lH Lo 11la..:-1! .t .. 1ncJ:"".tC\ .. iu~n {·~· :n~~-~·m1:-•1~t;11-.:J ~t.::i\'ilks ~-tJch ~ . i,1\dti-stU!;C f-tydrnnlic fru~~turin~ :~nJ hnti t oncn1 .s-llHs l . ... n J c~sr : .. t1!t~s ~:a:~,! r,<.:-:ml: a~,p! t",.4\I:.. ?n the t\·1ancos ~'lhak G:1Uup f°r•rn,~trr·n in lh•; gren1c; t ·~ .,,, · ~r ·a t ,,1i4 ,,1c'1 H!j riml' -.,'.~ the" an1l'"!Jd;)l::nt to the

n!SOUn.·e ntiltl;lg~me,,H pl..:n 1, corrtne !''..it' · ~•r 1.·~1,·irc10.n,c-n1:·,1 j~>r,a·.:l !\lu~mcr 1 1-s ltoul\i':.:J.

'>incc rch.

9-72-.- A/c::S" Jr•r,1nh1m M. N.::7_ !'ice /'1"('11,/,•m

l•OS J 01-H<.1:. Dt.>ll. 4W f ~11'.lJO\t ROI-I. AZ s~~IS I PH: ('!.UI) ~71-7000 / t'.\."(: (9:ull Ul -1-.u

Also please see the following documents:

Ojo Encino Resolution OJOE 07-13-18/007 Resolution requesting the BLM FFO and RPFO to defer all parcels for the December, 2018 Lease Sale

for further Tribal Consuitatior,

All Pueblos Governor's Council Resolution APCG 2017-12 CALLING FOR A MORATORIUM ON ALL PERMITTING AND LEASING FOR OIL AND GAS DEVELOPMENT IN AREAS THAT WOULD IMPACT TRADITIONAL CULTURAL PROPERTIES AND SACRED SITES IN GREATER CHACO REGION

National Congree of American Indians Resolution MKE-17-008 To Support Moratorium on Leasing and Permitting in Greater Chaco Region.

~~E~~~~AS{a~~e,~~l:~~~o~s;:~~~i:~~?S COMMITMENT TO PROTECTING AND ~•

PRESERVING TRIBAL, CULTURAL AND HISTORICAL SITES AND RESOURCES IN THE GR£"ATER CHACO CANYON LANDSCAPE In particular in the resolved section:

Ii BE IT FURTHER RESOLVED that the United States department of the interior's » bureau of land management and bureau of Indian affairs desist from any leasing • or issuanct: of permits\, ithout prior iribal consultation in the greater Chaco Ii' landscape, as des!gnated by the bureau of land management, until the resource

management plan amendment is complete in accordance with federal law; and (Page 6)

Compendium of Scientific, Medical, and Media Findings Demonstrating Risks and Hanns of Fracking (Unconventional Gas and Oil Extraction) Fifth Edition March 2018 https:/fwww.psr.org/wp-contenVuptoads/2018/04/fracking-compendium-5. pdf