Native American Protest March against Dos Republicas Coal Mine highlights destruction of Sacred Burial and Archaeological Sites
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016
Native American ceremonial and war drums filled the air on the United States-Mexico border on the Rio Grande River at Shelby Park in Eagle Pass, Texas as approximately 500 Native American and concerned Maverick County citizens gathered on Saturday, April 16, 2016 to commence an arduous nine mile protest march against the highly controversial Eagle Pass Mine operated by Dos Republicas Coal Partnership for desecrating and destroying over 120 historic sacred Native American burial and archaeological sites within the open surface coal mine permitted by the State of Texas under its Republican-led Railroad Commission of Texas and the Texas Commission on Environmental Quality.
Dos Republicas Coal Partnership, a Texas limited partnership comprised of two Texas limited liability companies owned by a Mexican subsidiary company of Grupo Acerero del Norte (Grupo GAN), is mining the low quality bituminous coal found along Elm Creek in northern Maverick County and shipping it by Union Pacific Railroad into Mexico through 150 railroad cars caravans for sale to another sister Mexican corporation who has the exclusive contract to supply Mexico’s Federal Commission of Electricity (CFE)’s two largest coal-burning electricity plants known as Lopez Portillo (Carbon I) and Carbon II only a few miles from the U.S.-Mexico border in Rio Escondido, Coahuila, Mexico, near Eagle Pass and Piedras Negras.
The U.S. Environmental Protection Agency (EPA) has previously reported that the Mexican twin coal-burning plants of Carbon I and Carbon II are Latin America’s largest coal electricity plants and major contributors of air pollution to the United States, including the Big Bend National Park in west Texas.
Texas Republican public officials have supported and protected the issuance of state permits to build and operate the controversial Eagle Pass Mine while justifying their actions by stating that occasionally the State of Texas receives electricity from these two coal plants during emergency high use periods in Texas. In essence, Texas public officials approve the mining of coal in their state for export to Mexico so that Mexico can pollute the air of Texans and the southwestern United States, including Austin, Texas.
The Dos Republicas Coal Partnership’s Eagle Pass Mine is the textbook case of environmental justice, but has managed to get permitted with the strong support and protection of such Texas governors as George W. Bush, Rick Perry, and now Greg Abbott and its state agencies. To add injury to insult, Dos Republicas Coal Partnership’s Mexican-owned parent company has been operating a twin open surface coal plant known as Tajo Norte in northern Piedras Negras, Coahuila, on the banks of the Rio Grande River since at least 2011 permitted under former State of Coahuila Governor Humberto Moreira, doubling the contamination and pollution of the Rio Grande and the air of this environmentally compromised U.S.-Mexico border region.
The City of Eagle Pass, Texas, Maverick County, Maverick County Hospital District, Maverick County Environmental and Public Health Association, George Baxter, and other local farmers and ranchers are appealing the Railroad Commission of Texas grant of the coal mining permit to Dos Republicas Coal Partnership before the Texas Supreme Court while the Texas Commission on Environmental Quality has a pending application by Dos Republicas Coal Partnership to amend and expand a water discharge permit of coal mining waste and storm waters into Elm Creek and the Rio Grande. They have not yet prevailed at any court or state agency level.
Participants at the Native American United protest march raised the wholesale violation of federal and state laws designed to protect and preserve historical Native American sacred burial and archaeological sites by Dos Republicas Coal Partnership and its contractors and operators, the State of Texas, the Railroad Commission of Texas, the Texas Historical Commission, and Republican state public officials who have supported and protected Texas’ worst environmental nightmare on the U.S.-Mexico border for the past 25 years.
Maverick Countians participating in the April 16th protest march also noted the contamination and pollution of the air and water to over 250,000 residents of Eagle Pass, Texas and its sister-city, Piedras Negras, Coahuila, Mexico, who both depend exclusively on the Rio Grande River as their sole source of potable water, as well as over three million Texas-Mexico border residents who live downstream of Eagle Pass and Piedras Negras.
Maria Torres, Tribal Chairwoman of the Paquache Band of the Coahuiltecan Tribe, stated that the State of Texas has intentionally disregarded and excluded genuine Native American participation in the permitting process of the controversial open surface coal mine on the banks of Elm Creek, which is a direct tributary of the Rio Grande River, in Maverick County, Texas. The Paquache Band of the Coahuiltecan Tribe has requested party status in the state permitting process, but the Railroad Commission of Texas and Texas Commission on Environmental Quality have consistently denied the tribe’s requests.
Torres added that the State of Texas has breached its responsibilities and obligations to protect and preserve historic Native American archaeological sites at the controversial coal mine site during the past 25 years and has not done proper due diligence in consulting with genuine Native American tribes affected by the coal mine.
Over 24 Native American tribes participated during the peaceful march against the Dos Republicas coal mine, including the Borrado, Carrizo Comecrudo, Cherokee (Aniyunwiya), Chippewa, Chumash, Comanche (by resolution), Creek (Muscogee), Dine’, Hopi, Huasteca/Zapotec, Kickapoo, Lipan Apache, Mescalero Apache, Mexia/Nahua, Mi-Wuk, Otumban, Pacuache Coahuiltecan, Pawnee,Pomo Purepecha, Raramuri, Shi’sh N’de, Southern Cheyenne, Tongva, Yaqui and Yoeme tribes.
“We are concerned with the desecration of our land , air and water and the destruction of the remains of our ancestral homelands along the coal mining, Elm Creek area and along the Rio Grande River on both sides,” said one marching protestor.
San Lucas Lutheran Church Pastor Paul Bailie of Eagle Pass also participated in the march, stating “I’m here to walk in solidarity with the community and the native groups in Texas, as we stand in opposition to this coal mine. This is an opportunity for us to make our voice known and for us to show what it means to care for God’s creation and to take care of the land in which we all live.”
Dr. Jonathan Hook, a member of the Cherokee Nation and former EPA Administrator and university professor in Native American Studies, stated “During the mine assessment phase, archaeological studies and reports found over 100 hundred Native American archaeological sites that were deemed to be potentially eligible for the National Historic Registry. After further examination, it was determined that there were at least 10 sites that merited more examination. As far as we know, they have never done that.”
“We know that they found human remains a few years ago and they have assured that they’re not being touched/disturbed. The point is that there has been human habitation in that area for 10-20 thousand years. So their is going to be a lot of remains found along with more evidence of human presence and habitation uncovered in the mining area.” added Dr. Hook.
“For a company that has such a bad history of compliance, why can anybody trust them without verification and without native people having access to the area. Our perception is that there is no adequate protection in place.” emphasized Dr. Hook.
Dr. Hook stated that one of the goals at this point in time is to find a federal connection that would deem any burial site within the mining area to be protected and further reviewed under the Native American Graves Protection and Repatriation Act and anything applicable from this law.
Dr. Hook noted the lack of consultation with Native American tribes under a U.S. Memorandum, government to government relations, as established in 2004 and under Executive Order 13007 and Executive Order 13175 as well.
“The only consultation that is known was in 1994 when EPA said they consulted with the Kickapoo Tribe but we requested to see those records to find out who they spoke with and they cant find any records.” added Dr. Hook.
“At EPA they used to use what they called a Ho! Ho! Test. That meant if something was so ridiculous , that all that you could do is go Ho! Ho! Ho! Then you don’t want to get involved with that. This whole thing is like a Ho! Ho! Test. How can the government talk about the President’s Clean Power Program and this coal is going to the dirtiest power plants in the Western Hemisphere, coming back across the border and that not be considered completely inappropriate. It just doesn’t make any sense,” said Dr. Hook.
Concerns over the destruction and desecration of the historical archaeological sites within the Dos Repiublicas Coal mining permit area have been raised for over two decades by different organizations, public, natives and even the Texas Historical Commission (THC) through their Department of Antiquities Protection.
Two decades ago during the month of August , 1994 the Texas Historical Commission (THC) through their Department of Antiquities Protection raised critical concerns over the potential destruction of important prehistoric and historic archaeological sites during the road construction phase at the Dos Republicas Coal mine located in Maverick County.
For example, according to official documents from the Texas Historical Commission (THC) in 1994 while in the process of road building on the Dos Republicas coal mine site, four archaeological sites, noted in the 1994 Center for Archeological Research (CAR) survey, had potentially been impacted and been destroyed.
The Texas Historical Commission noted in a 1994 letter “We have been informed by the Lone Star Chapter of the Sierra Club that there has been recent road construction at the proposed Eagle Pass Mine (Dos Republicas), and that this road construction may have impacted historic or prehistoric archaeological resources.”
The official letter goes on to state that they (THC) have no evident documentation pertaining to a coordinated effort in accordance to the National Historic Preservation Act , Section 106 between their offices and the Environmental Protection Agency (EPA) or even with the Railroad Commission of Texas..
“We also have had no consultation with the Railroad Commission of Texas about the undertaking,” stated the Texas Historical Commission letter.
“In examining our records on the locations of cultural resources in the proposed Eagle Pass mine , and the route of the road, the road construction appears to have impacted site 41MV135, this site was recommended some months ago by our office for test excavations to evaluate its National Register eligibility. The road may also have impacted portions of 41MV143, 168 and 170; our office had recommended that these sites warranted no further work based on previous survey-level investigations sponsored by Dos Republicas Resources Company,” said the THC letter.
The THC Letter noted that “Site 41MV135 was part of the Phase 1, reconnaissance survey conducted in 1981 by Espey, Huston & Associates, Inc.(EHA), based out of Austin, Texas. During the 1981 survey study twenty-eight archaeological sites including sites (41MV132, 41MV135-139, 41MVI41-146, 41MVI55-161, 41MVl64-168, and 41MVI70-173; were discovered and recorded during the 1981 survey.”
The 1994 CAR survey report describes site 41MV135 as “an open camp, location/elevation, hilly uplands (terrace of unnamed tributary of Elm Creek/ 239 m asl, inside the five year permit boundary, proposed impact, sediment pond, it also has a definite recommendation at to relocation and further assessment.”
The CAR survey report added “site41MV143 is described as an open camp as well with its location/elevation within the Elm Creek flood plain , 242 m asl, within the five year permit boundary , proposed impact , surface mining and is recommended for relocation for further assessment.
The THC letter specifically recommends that given the fact that the road construction work performed at the Dos Republicas Coal mine project was not coordinated between the Environmental Protection Agency, the Railroad Commission of Texas, and the Texas Historical Commission that further archeological assessments are warranted.
The THC letter stated “The unknown nature of the road construction impacts on these four sites (or others not previously identified along the road), further archaeological assessments is immediately warranted to determine the impacts to 41MV135 and any other previously undiscovered sites.”
The Texas Historical Commission letter recommended that “(a.) the road right of way corridor on either side of the road should be examined by a qualified professional archaeologist to determine if previously unrecognized archaeological sites are present along the road. (b.) If such sites are found , sufficient testing and controlled hand and mechanical excavations should then be conducted to determine the National Register eligibility. (c.) Site 41MV135 should be revisited by professional archaeologist to evaluate the extent of the road damage, if any to assess whether new information is available to warrant a re-evaluation of National Register status. (d.) these investigations should be described in a report submitted to EPA, the Railroad Commission and our office , the Advisory Council on Historic Preservation , and interested parties for review or comment , that meets the standards and guidelines of the Secretary of the Interior. When these investigations are completed , and the documentation complied for review, the consulting parties to the programmatic agreement for the proposed mine will be in a better position to assess site impacts, and determine what treatment measures may need to be implemented to minimize the impacts of this road construction.”
The Texas Historical Commission letter was signed by THC Deputy State Historic Preservation Officer James E. Bruseth , PH.D. and Assistant Director for Antiquities Protection Timothy K. Perttula, PH.D.
According to opponents of the controversial Dos Republicas coal mine, no records have been found that describe any further action, assessment or protection of the sites found within the Dos Republicas Coal Project.
As the 500 march protestors arrived at the Dos Republicas coal mine site on April 16, 2016, huge tractors and dozers were quickly and loudly removing the earth from the mine site while destroying Native American sacred burial and archaeological sites. The scorching of the Earth was evident and visible to the march protestors as tractors cleared the brush and topsoil to reach the seams of the low quality bituminous coal within the controversial Dos Republicas coal mine site.
Native American keynote speakers addressed the protestors and encouraged them to continue fighting for their ancestors and sacred archaeological sites and protection of Mother Earth and its air and water to ensure the survival of future generations.
