Burro Flats Painted Cave
NASA's Environmental Racism | The impact of the AOC cleanup | Burro Flats Timeline
The Burro Flats Painted Cave, which was used for solstice ceremonies, is located at the Santa Susana Field Lab. The site was used by local tribes including the Gabrieleno Tongva, Chumash, and the Fernandeño Tataviam people.
The 12-acre Burro Flats area is listed on the National Register of Historic Places and is excluded from the cleanup. Formally recognized artifacts found at the Santa Susana Field Lab will be protected by Cultural Exemption in the Environmental Impact Report (EIR). These exemptions are critical to protect these irreplaceable and sacred objects. Similarly, Remediation Mitigation Measures will protect endangered animals and plants onsite. Old-growth oak trees, rock formations, and mountains will not be damaged during the cleanup.
PASSFL wants the land to be returned to the Indigenous People once the site has been completely cleaned up. We believe that giving the land to the Indigenous People before it’s remediated is environmental racism.
NASA continues the u.s. government legacy of environmental racism against indigenous people
Modern Genocide
Genocide against Native Americans continues in modern times with modern techniques...the government and large corporations have created toxic, lethal threats to human health….Native Americans disadvantages are multiplied by dependence on food supplies closely tied to the land and in which toxic materials have been shown to accumulate.
Daniel Brook, The American Journal of Economics and Sociology
A sacred Indigenous artifact, the Burro Flats Painted Cave, is located on NASA’s portion of the Santa Susana Field Lab. The cave was once used for winter solstice ceremonies and contains petroglyphs culturally significant to five local Indigenous tribes including the Chumash, Tataviam, Fernandeño Band of Mission Indians, Tongva, and the Gabrieleño.
Parents Against SSFL believes the recognized cultural resources at the SSFL should be treated with the utmost respect and given full protection under the AOC cleanup exceptions. We aim to support the local tribes to ensure the smartest, safest and most comprehensive cleanup happens in order to protect their artifacts and their children.
In 2020 the Santa Ynez band of Chumash Indians requested that NASA nominate the SSFL to the National Registry of Historic Places (NRHP). NASA did not mention the extensive contamination a single time in their 70 page nomination. Nor did they mention the pre-existing Cultural Artifact protection clause in the 2010/AOC cleanup agreements.
Why did NASA nominate all 2,850 acres of the Santa Susana Field Lab to the Registry of Historic Places?
It is our strong suspicion that NASA knows it would look bad for them to transfer contaminated land directly to Indigenous People. But if it were on the national registry first, then the national registry would look bad. But that’s not the worst of it.
If the land were on the national registry then NASA could attempt to claim the entire 2,850 acres as a “formally recognized cultural artifact” to avoid the cleanup due to the cultural exemption clause in the 2010 agreement that NASA signed with the state of California.
Dan Hirsch, of Committee to Bridge the Gap said, “I was there that day, in the room when the Cultural Exceptions were written for the AOC. Their original intent was to protect important cultural artifacts and wasn’t supposed to be used to allow the responsible parties to get out of their cleanup obligations.”
These AOC Exceptions were meant to protect endangered plants and animals, old growth trees and especially the artifacts related to the history, culture, and religion of the local indigenous people. Additionally, indigenous people’s cultural resources are legally protected by: National Historic Preservation act of 1966, National Environmental Policy act of 1969, Native American Graves Protection and Repatriation Act of 1990.
“NASA’s insidious scheme is environmental racism at its worst.”
- Melissa Bumstead
If NASA’s nomination were to pass before the complete cleanup it is likely that the land will be transferred with a fee to trust process, enabling the Santa Ynez Band of Chumash Indians (the only local tribe officially recognized by the federal government) to make the SSFL part of their reservation.
The Chumash, and other local indigenous people, would then become the highest-risk group for exposure to SSFL’s carcinogenic and toxic contamination.
An independent study
Boeing’s assessment report showed that 96 out of 100 people would get cancer if they lived on the land and ate the produce they grew there. Because of their connection with nature, indigenous people, and especially their children, would be at an even higher risk of cancer than the “adult male standard used for Boeing’s calculations.
For this reason Parents Against Santa Susana Field Lab is staunchly against the nomination of the SSFL to the NRHP, as well as any transfer of the SSFL land, until after the complete cleanup of the Santa Susana Field Lab.
The AOC cleanup and its impact on the Cultural Resources at the SSFL
CONTRADICTIONS
“We found the effect of [SSFL] radiation exposure was six to eight times greater in our study than extrapolated from the results of the A-bomb survivors study.”
Currently, the DTSC Draft Environmental Impact Report (DEIR) grossly inflates the amount of soil that must be remediated. DTSC claims they must tear down rock formations, dig to bedrock, and use the most outdated and dangerous methods possible. Because they claim this clumsy cleanup is the only viable option, they state they can’t protect the cultural resources at the SSFL. They state the cleanup is not feasible because of this.
Parents Against SSFL, along with other cleanup advocates, intend to fight for the smartest, safest, and most comprehensive cleanup available. To the greatest extent possible we intend to advocate for less damaging cleanup methods such as in situ remediation and bioremediation within the AOC cleanup constraints. We plan to hold the responsible parties accountable to move as little soil as necessary to meet their legal AOC obligations. We believe this will protect the recognized cultural resources, but will also minimize the damage to the soil, plants, trees, and wildlife that are held sacred by the indigenous people.
Section 4.4 in the DTSC’s Draft Environmental Impact Report (DEIR) contradicts itself. It lists out the AOC exemptions that will protect formally recognized cultural resources (same for endangered flora and fauna) but then concludes that there will still be such significant and unavoidable impacts to the historical and/or archaeological resources that the cleanup should be canceled (page 85).
The DEIR lists out how Native American monitors have been involved with remediation activities at the SSFL for decades, protecting their cultural and religious heritage. The monitors have done an excellent job to date but the DTSC implies they won’t be able to during the cleanup. This is false.
The DEIR lists out the federal, state and local laws that will protect the cultural resources but implies that these will not be sufficient to protect the cultural artifacts.
The DEIR lists out the many ways that the AOC exceptions will protect the cultural resources but dismisses them as uneffective.
NASA’s nomination did not mention the AOC cleanup exceptions to show how the would be protected throughout the cleanup process.
Burro Flats Timeline
2020
NASA nominates the entire 2,850 acres of the Santa Susana Field Lab as a “cultural district” to the National Registry of Historic Places without first completing their 2010 comprehensive cleanup obligations.
United States Department of the Interior: NASA’s “Burro Flats Cultural District” Application to the National Registry of Historic Places.
IN THE NEWS:
Los Angeles Times: NASA wants nuclear-contaminated Santa Susana site to be made a historic landmark
Los Angeles Times: Yes, Santa Susana is a ‘landmark’ — as a historic environmental disaster
Ventura County Star: Supervisors recommend rejection of NASA effort to have field lab declared cultural site
Ventura County Star: NASA aims to make field lab a cultural site; activists say it's ploy to get out of cleanup
Ventura County Star: State nod moves forward proposed Native American sacred site at Santa Susana Field Lab
Los Angeles Daily News: Santa Susana Field Lab could become cultural site; some fear that will impede toxic cleanup
E&E News: 'It's Orwellian': Native loophole lets NASA shirk cleanup
Ventura County Star: Rarely Black and White
State Historic Preservation Officer (SHPO) reduces the protected acreage surrounding the Burro Flats Painted Cave as it did not quality as a “recognized” cultural artifact.
NASA Draft SEIS 3.1.1.3.1 Burro Flats Site (CA-VEN-1072) “Researchers have since suggested that the 1976 boundary of the site does not adequately reflect the number, density, and distribution of loci associated with the site. An updated nomination includes four additional loci and reduces the overall site footprint from 25.02 acres to 11.74 acres… updated nomination is currently under review with the California Office of Historic Preservation (SHPO).
October 2, 2020: NASA submits their Record On Decision (ROD) finalizing their Supplemental Environmental Impact Study (SEIS). Read more why NASA never needed an SEIS.
NASA’s ROD selects “Option C,” which does not meet their legal cleanup agreements, and will leave up to 84% of their portion of the SSFL contaminated. NASA’s property is contaminated with hazardous materials, like trichloroethylene (TCE), perchlorates, PCBs, dioxins, heavy metals, and other toxic chemicals that can cause cancer and other illnesses.
2019
The Santa Ynez band of Chumash request to acquire NASA’s portion of the SSFL is still pending.
In the Bureau of Indian Affairs letter to NASA, November 27, 2019, Santa Ynez Chumash Chair wrote, “The request for excess property by tribe/interior is still pending.” (NASA final SEIS Appendix compiling public comments, pdf page 43)
2017
Boeing’s Land Easement Limits Indigenous Activity
Boeing donated their portion of the Santa Susana Field Lab to the North American Land Trust, saying this would make the land more accessible to local native tribes including the Gabrieleno Tongva, Chumash, and the Fernandeño Tataviam people,* but restrictions on the land use would prohibit indigenous people from many cultural and/or religious activities at the site.
No homes or buildings (except a cultural center)
No overnight stays
No hunting or gathering
No fishing
No gardening
No drinking water (ground, surface, etc.)
*The Santa Susana Field Lab can only be transferred to the Santa Ynez Chumash tribe. Although the Santa Ynez Chumash are over 90 miles away from the SSFL, they are the only federally recognized tribe associated with the Santa Susana Field Lab. Local tribes can’t legally receive the land.
Related Reading:
Reuters: How Boeing created a nature preserve that may also preserve pollution
North American Land Trust: It’s Official: Santa Susana Permanently Conserved!
North American Land Trust: Easement Agreement
2016
A proposed appropriations bill shows how NASA instends to use the NRHP nomination and the AOC Cultural Exceptions to break all of their cleanup obligations.
From a 2016 proposed Appropriations bill (page 112). “To the maximum extent practicable, NASA shall include all Traditional Cultural Properties and Landscapes as Native American artifacts that are ‘formally recognized’ as cultural resources, for the purposes of the Administrative Order [AOC cleanup agreement].”
In other words, once NASA can get the entire SSFL on the National Registry as a cultural district, they can use the AOC cleanup exemptions on the entire 2,850 acres of the Santa Susana Field Lab, completely evading the cleanup.
2012
Santa Ynez Band of Chumash request to purchase NASA’s portion of the SSFL but is postponed until NASA completes the paperwork on how they will implement the 2010 cleanup agreements.
The Santa Ynez band of Chumash made a bid to purchase NASA’s portion of the Santa Susana Field Lab with a “fee title” provision, but local governments objected due to fears that the land transfer would impact the cleanup and could allow a casino to be built. The GSA postponed the nomination until NASA issues their Environmental Impact Statement (EIS) ROD- the finalization on how NASA will implement the 2010 cleanup agreements. Instead NASA issues a ROD for a Supplemental Impact Statement (SEIS) that would instead leave nearly 80% of the site contaminated.
IN THE NEWS
Los Angeles Times: the Bureau of Indian Affairs told the GSA (government realtors) that the tribe was interested in mounting a bid. No price has been disclosed. Cohen said the tribe would not seek to make the land part of its reservation, though adding it to their reservation would be possible after the transfer.
Ventura County Star: The Bureau of Indian Affairs requested fee title to the land on behalf of the tribe instead of placing the property in federal trust.
2010
The 2010 “AOC” cleanup agreements, written by physics Nobel Laureate Dr. Steven Chu, include “cultural exceptions” in order to protect all formally recognized artifacts.
The cleanup agreement that NASA signed (NASA AOC, page 43) has an exemption to protect all “formally recognized cultural artifacts.” That would include the painted cave, as well as any new discoveries such as burial remains, etc. But they must be “formally recognized” to be exempt from the cleanup. The items would be evaluated and categorized by accredited archeologist and ultimately, the California Office of Historic Preservation (SHPO).
Cultural Resources Identification Survey from the Department of Energy.
2009
NASA’s portion of the SSFL is declared “excess” federal property, allowing the transfer of the land to Native American tribes.
Ventura County Star: NASA declares its portion of the Santa Susana Field Lab “excess” federal property after the space shuttle program ended. NASA’s portion can now be transferred to a federally recognized tribe.
2000
One of the few studies conducted that shows how Indigenous People are disproportionately effected by contaminated environments.
The Assessment of Radiation Exposures in Native American Communities from Nuclear Weapons Testing in Nevada shows how indigenous people are at higher risk of exposure to contamination because of their cultural lifestyles that include hunting, gathering, fishing, etc.
1995
Local tribes are allowed a visit to the Burro Flats Painted Cave, wish there was better security and public access.
Los Angeles Times: Local tribes are given the rare opportunity to visit the Burro Flats Painted Cave. Chief Eagle Eye said he would like Rocketdyne, which is a division of Rockwell International Corp., to give the rock-art site back to the Native Americans--or at least to the state parks department for better security and public access.
1976
The “Burro Flats Painted Cave” and 25 acres surrounding it were added to the National Registry of Historic Places.
National Registry of Historic Places (NRHP) gives additional protection to the site.
NASA says no to Mission Tribe in 1971
"Indians Trying To Safeguard Cave Paintings of Ancestors: Mission Tribe Will Ask Rocketdyne To Enclose Historic Works in Glass for Protection Against Any Vandalism."
Los Angeles Times, 1971
1971
Local Tribes reconnect with their heritage at the Burro Flats Painted Cave.
Los Angeles Times The Mission Tribes asked NASA to protect the Burro Flats Painted Cave from erosion and vandalism by encasing the petroglyphs in glass. NASA rejected the request.
related documents:
NRDC/CBG/PSRLA, 2020: Comments on Draft Supplemental Environmental Impact Statement for Soil Cleanup Activities at Santa Susana Field Laboratory
NIH Environmental Health Sciences, 2017: Tommy Rock – Exposing Years of Uranium Water Contamination in a Navajo Community
NRDC and Committee to Bridge the Gap, 2020: The Trump Administration’s proposal to designate the heavily contaminated Santa Susana Field Laboratory as a cultural district is an effort to breach cleanup commitments, does not meet requirements, and should not be approved
Pacific Public Employees for Environmental Responsibility (PEER), 2020: Federal Register notice is deceptively deficient
Pacific Public Employees for Environmental Responsibility (PEER), 2020: Letter to the NRHP Keeper
NIH of Environmental Health Sciences, 2000: The Assessment of Radiation Exposures in Native American Communities from Nuclear Weapons Testing in Nevada
NASA 2013: Cultural Resources Management Plan
NASA 2012: Historic Resources Survey, Rocket Test Stands
Tommy Rock – Exposing Years of Uranium Water Contamination in a Navajo Community
Grand Canyon Trust: Native Perspectives on Uranium and Community Health
National Town Hall Calls Attention to Uranium Mill Near Bears Ears