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This week Copper Area News received numerous phone calls from readers claiming that the nomination application for Oak Flats to become a historic site was not returned and was still under review with the Keeper of the Record at the National Parks Service. These callers did not disclose which department at the Tonto National Forest Service was reporting this information. These claims were further researched and the original story remains intact.
In an interview with Paul Lusignan, a historian with the National Register of Historic Places, it was confirmed that the nomination application for “Chi’ chil Bildagoteel” (Oak Flats) was returned to the Regional Preservation Office, and the application was no longer under consideration. A letter was also sent confirming the return of the application to the Federal Preservation Office. It is the responsibility of the Regional Preservation Office to return the application to the Tonto National Forest. At this time it is unconfirmed if the Tonto National Forest has actually received the comments from the Keeper on the returned application.
Historic and cultural designation nomination applications are approved through the Keeper of the Record through the National Park Service. The nominations are required to go through several levels of state and federal government before they are approved or denied by the Keeper of the Record. Nominations that are returned are not listed online, only the applications that are approved for these designations are listed on the Park Service website.
Lusignan also explained that the even though the original nomination was returned for technical reasons, it can be re-submitted by the Forest Service should they decide to resubmit their application.
The original story is included below and a copy of the letter from Representatives Gosar and Kirkpatrick can be found here.
Oak Flats no longer under consideration for historic nomination
By Mila Besich-Lira
Copper Area News
A few weeks ago the Copper Area News reported that the Tonto National Forest with the San Carlos Apache Tribe submitted an application to the the Keeper of the Record at the National Register of Historic Places to nominate “Chi’ chil Bildagoteel” most commonly known as Oak Flats as a historically significant site. This nomination process began in December 2014 and after a final public comment period which ended on July 16, 2015, the Keeper of the Record has determined that the nomination will be sent back to the Forest Service.
The Keeper of the Record has returned this application back to the Forest Service due to technical and substantive reasons. The exact reasons have not been disclosed by the Keeper. Congressional Representatives Paul Gosar DDS and Ann Kirkpatrick sent a joint letter to the Forest Service Chief and the Regional Forester asking them to withdraw the nomination. The Congressional representative cited several reasons to withdraw the nomination. Letters opposing the nomination were also sent by Pinal County Supervisor Pete Rios and local residents of Superior and San Carlos. Those letters were also reviewed by the Keeper of the Record.
The first point addressed by Representatives Gosar and Kirkpatrick in their joint letter was Geographic Accuracy. At this time the name Chi’Chil Bildagoteel does not appear on any maps maintained by the Tonto National Forest, the US Geological Service or even Google Maps – the letter points this out to the Forest Service officials. The original application to the Keeper of the Record also indicated that Oak Flats was near Kearney, Arizona, which is spelled incorrectly. Kearny is the correct spelling of the name. Gosar and Kirkpatrick pointed out not only the misspelling of the name but also the fact that the communities of Superior and Top of the World were closer to the nomination area. Kearny is more than 20 miles away from Oak Flats as pointed out in the joint letter.
Their letter also addressed compliance with the Administrative Procedures Act which requires that there be adequate notice for the people near the area to comment on the nomination. Those procedures call for the time, place and nature of public rule making proceedings and reference to the legal authority under which the rule is proposed.
Gosar and Kirkpatrick also acknowledge that “many of our constituents have different views on the Oak Flat Campground area.” Both expressed that the members of the public with views on either side of this question should have a full and fair opportunity to contribute their perspective and understand the scope of the listing.
Those opposing the Resolution Copper have repeatedly said that the passage of the Southeast Arizona Land Exchange and Conservation act was approved without any transparency. The nomination of Oak Flats as a historical and culturally significant site was requested by the San Carlos Apache Tribe, without using commonly known names or locations.
Opposition groups including members of the San Carlos Apache Tribe, the Arizona Mining Reform Coalition and the Superior-based Retired Miners and Concerned citizens continue to oppose the land exchange and the mining project. They are expected to host a protest in Washington, D.C. on the Capital Lawn on July 22, which closes out their cross country caravan protesting the project. The group has received support from Arizona Representatives Raul Grijalva and Ruben Gallego along with other members of Congress.
Mila Besich is a resident of Superior with two children. She volunteers for many local organizations. She is an experienced fundraiser and event planner for Copper Corridor Economic Development Coalition. She covers some of the area town councils and schools.
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