Programs | |
|
RELIGIOUS FREEDOM/SACRED SITES PHOTO Traditional religious and ceremonial practices of Native Americans are inseparably bound to land and natural formations. These sacred places are often under threat from adverse development, often on federal lands. In 1988, however, the U.S. Supreme Court ruled in the Lyng v. Northwest Indian Cemetery Prot. Assn. decision that unless 1.
there is a specific governmental intent to infringe upon a religion, or the First Amendment Freedom of Religion Clause provides no protection against governmental action that would impact upon, or even destroy a Native American sacred site. The Lyng decision also established that the American Indian Religious Freedom Act of 1978 is not judicially unenforceable - it is simply a policy statement "with no teeth." Since that time, AAIA has worked diligently with numerous tribes around the United States in their respective battles to protect traditional holy lands including Mt. Graham - White Mountain and San Carlos Apache, Devils Tower - Plains Indians and Medicine Wheel. In the case of the Bighorn Medicine Wheel, AAIA helped create the Medicine Wheel Coalition, a coalition of Plains Tribes who have a traditional history of using the Medicine Wheel and Medicine Mountain for spiritual purposes. With the assistance of AAIA, the Coalition negotiated and signed in 1996 a landmark Historic Preservation Plan (HPP) with the Forest Service, as well as state and local government agencies, designed to ensure that the entire area around Medicine Wheel and Medicine Mountain is managed in a manner that protects the integrity of the site as a sacred site. AAIA has continued to participate in meetings of the consulting parties since 1996, with the goal of ensuring that the HPP is properly and appropriately implemented. In 1999, Wyoming Sawmills, a local logging company, filed a lawsuit seeking to overturn the HPP, claiming it violated the First Amendment of the Constitution and several federal laws. In this effort, Wyoming Sawmills was represented by the Mountain States Legal Foundation a right-wing legal organization consistently opposed government efforts to voluntarily protect Native American sacred places. AAIA has provided legal counsel to the Medicine Wheel Coalition, which intervened in this case. In December 2001, the Federal District Court for Wyoming rendered a decision in this case in favor of the Forest Service and Medicine Wheel Coalition. It ruled that Wyoming Sawmills has no right to challenge the HPP based upon either the First Amendment or applicable environmental law. It also ruled that the logging company could make a claim based upon two narrower federal statutes, but found that both the HPP and the process by which it was developed did not violate either statute. This was a resounding victory not only for the Medicine Wheel Coalition and AAIA, but also a significant step toward permanent protection of the Medicine Wheel and Medicine Mountain and other sacred sites. Wyoming Sawmills has filed an appeal to the Tenth Circuit Court of Appeals and AAIA continues to provide legal representation for the Medicine Wheel Coalition in this case. AAIA has also provided legal assistance to the Coalition in support of its effort to have 15,000 acres of the Medicine Wheel/Medicine Mountain area designated as a National Historic Landmark based upon its value as a "Traditional Cultural Property," which would be the first and largest designation of its kind. As part of this effort, AAIA has substantially rewritten a 200 page draft nomination supporting this designation. In addition, because of the continuing lack of comprehensive legal protection for sacred places, AAIA recently joined with some other national organizations and Indian tribes to establish an informal coalition known as the Sacred Lands Protection Coalition. The Coalition's goals are to work on a national basis to ·
strengthen administrative procedures and regulations relevant to sacred sites
protection, As a result of the Coalition's efforts, three Congressional hearings were held in 2002 regarding sacred places. The Senate Indian Affairs Committee held two oversight hearings focused upon disputes relating to the Departments of Defense and Interior. The House Resources Committee held a hearing on a bill introduced by Rep. Nick Rahall (D-WV), H.R. 5155, which proposed a land withdrawal procedure designed to protect sacred sites. At the Committee's request, AAIA submitted testimony on the legislation. As
part of this effort, AAIA has also been supportive of a number of efforts around
the country to protect sacred places. AAIA filed an amicus brief in support of
a Park Service plan to protect Rainbow Bridge in Utah, a site sacred to the Navajo,
Hopi and other tribes. We have also supported efforts to protect Indian Pass in
California, a site sacred to the Quechan Indian Tribe. Glamis Gold, Ltd. is seeking
a permit for an 800 foot deep, one mile wide, cyanide-leaching gold mine in this
area. The permit was denied during the Clinton Administration. However, the new
Solicitor of the Interior in the Bush Administration ruled that the legal basis
for the denial was invalid and the permit could be issued. AAIA has urged Secretary
of the Interior Gail Norton, Congress and the California Legislature to take action
to prevent the mine from going forward. | |
| About
Us: History
· What
We Do · Who
We Are © 2003 Association on American Indian Affairs, All Rights Reserved. | |