Secretary Salazar Announces Decision to Withdraw Public Lands near Grand Canyon from New Mining Claims

Allows for monitoring to determine impact of uranium mining on vital watershed 01/09/2012 Contact: Adam Fetcher, (DOI) 202-208-6416

WASHINGTON – Secretary of the Interior Ken Salazar today announced his decision to protect the iconic Grand Canyon and its vital watershed from the potential adverse effects of additional uranium and other hardrock mining on over 1 million acres of federal land for the next 20 years. Secretary Salazar’s decision will provide adequate time for monitoring to inform future land use decisions in this treasured area, while allowing currently approved mining operations to continue as well as new operations on valid existing mining claims.

“A withdrawal is the right approach for this priceless American landscape,” Salazar said. “People from all over the country and around the world come to visit the Grand Canyon. Numerous American Indian tribes regard this magnificent icon as a sacred place and millions of people in the Colorado River Basin depend on the river for drinking water, irrigation, industrial and environmental use. We have been entrusted to care for and protect our precious environmental and cultural resources, and we have chosen a responsible path that makes sense for this and future generations.” The Public Land Order to withdraw these acres for 20 years from new mining claims and sites under the 1872 Mining Law, subject to valid existing rights, is authorized by the Federal Land Policy and Management Act. A Record of Decision was signed by the Secretary today during a ceremony held at the National Geographic Museum in Washington, D.C.

Read more »

University of Michigan to comply with law on Native American remains

by  Martin Barillas

The University of Michigan released a statement on January 12 that after “18 months of careful deliberation, U-M has completed a formal set of policies and procedures for handling Native American human remains and cultural objects from its museum collections under the Native American Graves Protection and Repatriation Act (NAGPRA).” The statement noted that NAGPRA was passed in 1990, requiring museums such as the Ann Arbor-based institution’s Museum of Natural History to follow a mandatory process for transferring culturally affiliated human remains and associated funerary objects to individuals and groups that have requested them and have the legal right to them. On May 15, 2010, the law was expanded and clarified to embrace the transfer of culturally unidentifiable human remains.

Furthermore, read the statement, “Under the clarified law, unidentifiable remains must be transferred to the tribe or tribes that were historically located at the sites where the remains were collected. When more than one tribe has inhabited a particular area, the remains are transferred to all those that have made a request, and they then determine the final disposition among themselves.”

The University of Michigan has a small archaeological exhibit at the museum on campus that includes artifacts of various cultures, including Native American nations. In 2011, following complaints and suggestions from the public and various groups, the university removed several dioramas depicting Native American culture that had been judged outdated and in an incorrect context. The dioramas, depicting Native American life and ceremonies, had been juxtaposed with skeletons and fossils of extinct animals.

Read more »

photo by Protect Sacred Sites

Jan 8-9: Upcoming Local Events to Save the San Francisco Peaks!

Please spread the word about these important upcoming events! A strong turn-out is especially needed for the march and court hearing on Monday January 9, 2012! A complete schedule of events follows the announcement. Environmental justice groups are specifically asked to come aboard to educate their followers about the grave impacts of this situation. —-

On January 9, 2012 the 9th Circuit Court of Appeals in San Francisco, CA will hear arguments in a legal battle that may decide the ecological integrity of Arizona’s San Francisco Peaks, a mountain near Flagstaff, AZ held sacred by over 13 Native American nations.

The Save the Peaks Coalition is planning a Caravan from Flagstaff, AZ to San Francisco where they will be contesting the environmental & human health impacts of wastewater snowmaking.

The Save the Peaks Coalition are fighting the United States Forest Service in a legal battle to protect children from hazardous endocrine disruptors and to protect this sacred site from desecration. On January 9th, 2012 The Save the Peaks Coalition et al vs. the United States Forest Service will be heard by the 9th Circuit Court of Appeals in San Francisco, CA.

The case argues that under the National Environmental Policy Act and the Administrative Procedure Act, the Forest Service failed to adequately consider the impacts associated with ingestion of snow made from reclaimed sewer water in its Environmental Impact Statement.

The Forest Service approved reclaimed sewer water for the use of snowmaking at a local Northern Arizona ski resort in 2004. The reclaimed sewer water in question is from Flagstaff’s Rio de Flag Sewage Plant that has proven to contain harmful bacteria, and endocrine disruptors such as pharmaceuticals and hormones amongst other known toxins.

Schedule of Events:

Sunday January 8, 2012; 6PM – 9PM. Evening dinner, welcoming reception, & discussion on environmental injustice impacts and how they affect sacred sites. The Women’s Building; San Francisco, CA RSVP here: https://www.facebook.com/events/195603233865761/

Monday January 9, 2012: 7AM: Sunrise Prayer Vigil Ceremonial gathering at a park located near the courthouse in downtown SF- TBA! Stay posted by visiting here:  https://www.facebook.com/events/195603233865761/

8AM: Protect Sacred Sites, Defend Human Rights March from the nearby park going to the James R.Browning US Courthouse – 9th Circuit; 95 Seventh Street; San Francisco, CA

9AM: Rally & Prayers outside the Courthouse.

9:30AM: Court Hearing. The Save the Peaks Coalition et al vs. the United States Forest Service.

10:15 – 11:00 (Estimated) Press Conference on the steps of the 9th Circuit courthouse afterwards.

BLM’s Revised Historic Preservation Agreement Enhances Tribal Consultation

BLM’s Revised Historic Preservation Agreement Enhances Tribal Consultation

For Immediate Release                                 Contact: Derrick Henry (202) 912-7526
Date: December 16, 2011                                                         Robin Hawks (202) 912-7241

The Bureau of Land Management (BLM) today released a revision to its national programmatic agreement (PA) with the Advisory Council on Historic Preservation (ACHP) and National Conference of State Historic Preservation Officers (NCSHPO).  The PA governs the agency’s activities on federal, state and private lands that may impact historic properties.

The revision authorizes efficient consultation between the BLM and State Historic Preservation Officers (SHPO) and clarifies how the agency consults with Tribes and other consulting parties on activities that could affect historic properties, including those historic properties of traditional religious and cultural significance to tribes.  The PA does not apply to tribal lands.

The PA guides BLM’s planning and decision making as it affects historic properties as defined under the National Historic Preservation Act (NHPA).  That law requires BLM to consider, plan for, protect, and enhance historic properties that may be affected by its actions.

The revision emphasizes the requirement for the BLM to consult with Tribes in the context of an ongoing government-to-government relationship, to obtain their views on the potential impacts on resources of significance to Tribes, and encourages the development of tribe-specific consultation protocols.  It authorizes the BLM to maintain protocols with SHPOs that establish a more efficient alternative Section 106 compliance process, but institutes a requirement for tribal consultation and public comment on BLM-SHPO protocol revisions.  It also adds the BLM national tribal coordinator to the BLM Preservation Board.  That board advises the BLM on policies and procedures for NHPA implementation.

Read more »

Navajo Say U.S. Sacked Canyon for Bones & Art

By TIM HULL

PRESCOTT, Ariz. (CN) – The Navajo Nation claims the National Park Service sacked more than 300 sets of human remains and cultural artifacts from Canyon de Chelly National Monument, in violation of an 1868 treaty and the U.S. Constitution.

The Navajo, who refer to themselves as Diné, meaning “people,” sued the National Park Service, the Department of Interior, the two agencies’ top officials and Canyon de Chelly National Monument Park Superintendent Tom Clark, in Federal Court.

Canyon de Chelly National Monument is on the Arizona portion of the vast Navajo Reservation. Famous for its dramatic rock formations and ruins of ancient cliff dwellings, the monument is one the of reservation’s top tourist attractions, and has been featured in countless cowboy movies.

According to defendant Clark, the canyon has been inhabited and considered a spiritual landscape by the Navajo, Hopi, Zuni and other tribes going back some 4,000 years. About 40 Navajo families still farm and raise livestock in the canyon.

The Navajo, the country’s largest tribe, gained title to Canyon de Chelly and its tributary Canyon del Muerto through the Treaty of 1868, which ended years of fighting between the tribe and federal troops and established the borders of the reservation. The tribe agreed to allow the federal government to establish the monument in 1930.

Read more »

Lawsuit Filed Against County of Lake for Rattlesnake Island Decision

Friends of Rattlesnake Island
P.O. Box 1185 Lakeport, CA 95453
November 19, 2011

FOR IMMEDIATE RELEASE
Contact:
Susan Brandt-Hawley, Attorney
Brandt-Hawley Law Group
(w) 707.938.3900 (c) 707.732.0007
susanbh@preservationlawyers.com
http://preservationlawyers.com

Environmental Lawsuit Filed By Friends of Rattlesnake Island

LAKEPORT, CA – On November 18, 2011, the Friends of Rattlesnake Island filed a lawsuit in Lake County Superior Court (Case No. CV 410834) that seeks to set aside the Lake County Board of Supervisors’ approval of permits sought by John Nady to build three structures on Rattlesnake Island. The Petition for Writ of Mandamus asks the Court to order that the County Board reconsider the project only after preparing an Environmental Impact Report as required by the California Environmental Quality Act, commonly known as CEQA.

Upon confirmation of the filing, Jim Brown, a traditional Tribal leader of the Elem Pomo, said: “On behalf of Elem Nation, our ancestors and the direct living descendants of Elem-Modun, and the Friends of Rattlesnake Island, I am honored to be a part of this legal case to help preserve and protect the most ancient, sacred Tribal homeland Island village of Elem-Modun, also known as Rattlesnake Island.”

“When the Board of Supervisors overturned the Planning Commission’s unanimous decision to require an EIR for this project, it ignored the significant impacts of grading and construction on the Island, which is eligible for listing in the National Register of Historic Places and is a designated historic resource,” said Sarah Ryan, Environmental Director of Big Valley Rancheria Band of Pomo Indians. “The County must prepare an EIR to study impacts and consider feasible mitigation measures and alternatives, and it did not.”

Read more »

5240223 Jim Thorpe

Jim Thorpe’s sons win ruling in legal effort to retrieve remains

Jim Thorpe: He was born near Prague in 1888 of Pottawatomi, Sac and Fox, and white ancestry.
By RANDY KREHBIEL World Staff Writer
Published: 11/25/2011  2:26 AM

A lawsuit to return Jim Thorpe’s remains to his two living children and the Sac and Fox Nation can go forward, a federal judge in Scranton, Pa., has ruled.

On Wednesday, District Judge A. Richard Caputo denied a motion to dismiss the case by the borough of Jim Thorpe, Pa., which essentially bought the famed athlete’s remains from his widow in 1953.

“This is really a significant decision,” said Stephen Ward, the Tulsa attorney for brothers William and Richard Thorpe, Jim Thorpe’s last surviving children.

Specifically, Caputo ruled that the Thorpes’ claim to their father’s remains could go forward under the Native American Graves Protection and Repatriation Act. The law has most commonly been applied to American Indian remains held by museums, but Ward said it was not meant to be limited to such cases.

“There is at least one other case in which NAGPRA has been used in moving a modern grave,” he said. “Overall, there have been very few cases brought under NAGPRA, probably fewer than 25, so this decision is significant in this general field.”

Read more »

Indigenous Elders and Medicine People Response to USDA Sacred Sites Draft Report

“The Creator gave the Aboriginal Indigenous Nations of the People Laws to follow and responsibilities to care for all Creation. These instructions have been passed down from generation to generation from the beginning of Creation. It is the Law that no one
can overpower the Creator’s Law, you are a part of Creation, thus if you break the Law, you are destroying yourself.

We speak on behalf of all Creation: the four legged/those that swim/those that crawl/those that fly/those that burrow in the Earth/the plant and tree Nations. This one life system includes the elements of fire, water, earth and air, the living environment of “Mother Earth”.

The Sanctity of the Creator’s Law has been broken. The balance of life has been disrupted. You come into life as a sacred being. If you abuse the sacredness of your life then you affect all Creation. The future of all life is now in jeopardy.

We have now reached the crossroads. As Aboriginal Indigenous People we ask you to work with us to save the future of all Creation.”

Aboriginal Indigenous Nations of the People’s Message 3.11.2011

The message above was brought forth, by Indigenous Elders and Medicine Peoples, at the threatened sacred mountain of the ancestors of the Huhugam. This message presented an opportunity to the United States of America for direct face-to-face dialogue with Indigenous Elders and Medicine People, which is necessary to assist and educate the Forest Service on how to conduct their activities to prevent damage, destruction and desecration to places held sacred by Indigenous Peoples.

As the Original Stewards of this Land, we are offended by the lack of sensitivity being shown to our position and we are discriminated against by having to respond in black and white with a foreign language that is not ours and does not convey the full depth of
our concerns. We maintain the inherent responsibility that was given to us by the Creator to care for all Creation and to speak for our relatives that cannot be easily understood by the newcomers. We are united under the Creator’s Law to protect and extend Life for our future generations. Today, your understanding of a sacred site does not reflect what Indigenous Peoples know to be true about the places that we hold Sacred and Holy.

Read more »

Hopi Tribal Council Does Not Support Navajo’s Proposal to Use Groundwater for Snowmaking on Nuvatukyaovi

Contact:

Public Information Office
Phone: (928) 734-3104                                    
Fax: (928) 734-6665

www.hopi-nsn.gov
 
October 11, 2011
 
The Hopi Tribal Council Does Not Support Navajo’s Proposal to Use Groundwater for Snowmaking on Nuvatukyaovi
 
Kykotsmovi, Ariz. – The Hopi Tribal Council does not join or support a recently proposed Navajo Nation Council Resolution recommending the use of groundwater for snowmaking on Nuvatukyaovi (the San Francisco Peaks in Flagstaff). 
 
Navajo Nation Councilman Walter Phelps has introduced a bill that would have the Navajo Nation support the use of groundwater for snowmaking on the San Francisco Peaks. 
 
Water – regardless of its source – is a limited and critical natural resource in the Southwest and the Hopi Tribe continues to oppose any artificial snowmaking by these means.  As set forth in the Hopi Tribe’s complaint against the city of Flagstaff, the city is already using more than its fair share of water, and any plans to sell water to the Snowbowl will only worsen this problem.  In addition, the sale of water for snowmaking so that a select few can benefit, violates the public interest in wise water use for our region.
 
Nuvatukyaovi is an important, sacred place for the Hopi which holds a central and essential role in Hopi culture, traditions and way of life. The Hopi Tribe has tirelessly opposed the issuance of the Special Use Permit to the Arizona Snowbowl, which allows for the installation of artificial snowmaking equipment.  The Hopi Tribe has maintained unwavering opposition to any type of artificial snowmaking on the San Francisco Peaks, whether from reclaimed wastewater, recovered reclaimed water or groundwater.  The only water appropriate for Nuvatukyaovi is natural water as provided by rain and snow, and there can be no exceptions.
 
The Navajo proposal is not a solution to the issues facing the tribes with respect to Arizona Snowbowl’s expansions on Nuvatukyaovi.  Hopi Tribal Chairman LeRoy N. Shingoitewa affirms, “The Hopi Tribal Council, all known Hopi religious practitioners, the Hopi Tribe and its people are still, and always will be, opposed to the use of any snowmaking operations on Nuvatukyaovi.” 
 
The Tribe continues to declare that the only solution is to prevent any and all artificial snowmaking on the Peaks and to void the contract between the city of Flagstaff and Arizona Snowbowl. 
 
For more information on the Hopi Tribe visit www.hopi-nsn.gov.

 

Navajo Nation Supports Use of Groundwater for Snow on San Francisco Peaks

 

THE NAVAJO NATION LEGISLATIVE BRANCH

INTERNET PUBLIC REVIEW PUBLICATION

LEGISLATION NO: _0420-11______ SPONSOR:

Walter Phelps

TITLE: An Action Relating To Resources And Development And NAABIK’IYATI’; Supporting The Use Of Groundwater For Snowmaking On Dook’o’oosliid (San Francisco Peaks)

http://www.navajonationcouncil.org/Legislations/2011/Oct/0420-11.pdf