Q & A: Artifact theft bust
The Salt Lake Tribune
Updated: 06/11/2009 12:12:20 PM MDT
How did the investigation work?
The FBI and the BLM, concerned about looting on public and American Indian lands, developed a relationship with a major dealer in archaeological artifacts. For months, this dealer --identified only as the "Source" -- bought and sold artifacts from the Four Corners area while wearing a recording device. The undercover investigation was dubbed Cerberus Action, after the multi-headed dog of mythology who guards the realm of the dead.
What kinds of artifacts were swiped?
The 256 relics include ceramic figurines, a mug, bowls, seed jars, a clovis point, stone pipes, stone metate, ancient sandals, a hafted ax, a gourd necklace, a shell necklace, beads, an effigy bird pendant, a copper bracelet, a turkey feather blanket, knives and polishing stones.
How valuable are they?
The dealer bought them for $335,685. But scientists and law-enforcement officials say they are priceless cultural treasures.
Were any of the artifacts damaged?
Experts say the mere act of improperly excavating an archaeological site leads to the loss of significant historical information. Authorities have promised to take proper care of the recovered relics.
What's next?
Prosecutors have asked that all but one of the 24 defendants be released pending trial. A hearing on a request that Aubry Patterson be detained is scheduled for this morning. The defendants have been ordered to make reasonable efforts to protect artifacts in their possession from damage until their cases are resolved.
http://www.sltrib.com/news/ci_12565763
Thursday, June 11, 2009
Artifact theft suspect found dead near Blanding
Artifact theft suspect found dead near Blanding
Previous charges » James Redd was accused, acquitted in trespassing on Indian sites in the 1990s.
By Nate Carlisle And Patty Henetz
The Salt Lake Tribune
Updated: 06/11/2009 08:12:26 PM MDT
A Blanding physician indicted this week with stealing or selling American Indian artifacts has been found dead.
James Redd, 60, who was prosecuted more than a decade ago in state court for robbing an ancient Indian grave, was found on his property near Blanding, according to law enforcement sources.
Few details, including Redd's cause of death, were immediately available, and the sources asked not be named until the San Juan County Sheriff's Office makes an official announcement.
On Wednesday, Redd was charged with one felony count of theft of Indian tribal property as a co-defendant with his wife, Jeanne Redd , 59, who faces two counts. The Redds were among 24 suspects from Utah, Colorado and New Mexico
James Redd
charged with felonies for allegedly trafficking in Four Corners-area archaeological artifacts protected under federal law.
Court papers say that in September 2007Jeanne Redd possessed with intent to sell ancient relics including a black and white ceramic mug, a hafted ax, a gourd necklace and an effigy bird pendant. Each of the artifacts was valued at more than $1,000.
Jeanne Redd also was accused of swapping two stone pendants for two other stone pendants valued at more than $500. In October 2008, she allegedly sold four sandals valued at more than $1,000.
Federal agents, who tapped a confidential informant identified only as the "Source" to buy and sell artifacts, spent two years building the case against the Redds and the others 22 others indicted in the theft and sale of more than 250 items, many of them sacred, from burial sites and other areas in the Four Corners region.
The Redds have been accused before of trespassing on Indian burial sites. In 2003, they agreed to pay the state $10,000 after they were prosecuted for raiding a grave. The payment settled a $250,000 lawsuit brought against them by the Utah School and Institutional Trust Lands Administration.
Before the payment, the Redds were charged with desecration of a corpse, a felony, after a sheriff's deputy observed them and some of their children digging at an Indian burial site in Cottonwood Wash near Bluff in January 1996. After a long legal battle -- in which district court judges three times dismissed charges that were later reinstated by the Utah Court of Appeals or the Utah Supreme Court --Jeanne Redd pleaded no contest to a reduced charge. Charges against James Redd were dropped.
The federal investigation revealed Wednesday involved special agents from the U.S. Bureau of Land Management and the FBI. U.S. Attorney for Utah Brett Tolman said the investigation is ongoing.
Most of the suspects are from San Juan County; three are from Durango, Colo.; and one from Albuquerque, N.M.
The informant, who was crucial to building the federal case, was wired with an audio-visual recorder when buying ancient baby blankets, stone pipes, seed jars, and sandals from the suspects, according to a search warrant affidavit unsealed Wednesday.
That warrant was for evidence gathered on San Juan High teacher David Lacy, a brother of San Juan County Sheriff Mike Lacy.
Tolman's spokeswoman, Melodie Rydalch, said Thursday none of the other affidavits had been unsealed yet.
The undercover purchases cost $335,685, Tolman said Wednesday. But new Bureau of Indian Affairs head Larry EchoHawk, a former Brigham Young University law professor, said that was just the prices put on the artifacts during the illegal transactions, not their true worth.
"These articles are really priceless," EchoHawk said during a news conference in Salt Lake City. "You can't put a dollar figure on them."
The Redds were among the 21 defendants freed Wednesday after initial appearances before U.S. Magistrate Samuel Alba in Grand County.
A 78-year-old member of the Utah Tourism Hall of Fame, Harold J. Lyman of Blanding, entered a plea of not guilty Thursday to trafficking in stolen artifacts.
ncarlisle@sltrib.com
phenetz@sltrib.com
Reporter Erin Alberty contributed to this story.
http://www.sltrib.com/news/ci_12572033
Previous charges » James Redd was accused, acquitted in trespassing on Indian sites in the 1990s.
By Nate Carlisle And Patty Henetz
The Salt Lake Tribune
Updated: 06/11/2009 08:12:26 PM MDT
A Blanding physician indicted this week with stealing or selling American Indian artifacts has been found dead.
James Redd, 60, who was prosecuted more than a decade ago in state court for robbing an ancient Indian grave, was found on his property near Blanding, according to law enforcement sources.
Few details, including Redd's cause of death, were immediately available, and the sources asked not be named until the San Juan County Sheriff's Office makes an official announcement.
On Wednesday, Redd was charged with one felony count of theft of Indian tribal property as a co-defendant with his wife, Jeanne Redd , 59, who faces two counts. The Redds were among 24 suspects from Utah, Colorado and New Mexico
James Redd
charged with felonies for allegedly trafficking in Four Corners-area archaeological artifacts protected under federal law.
Court papers say that in September 2007Jeanne Redd possessed with intent to sell ancient relics including a black and white ceramic mug, a hafted ax, a gourd necklace and an effigy bird pendant. Each of the artifacts was valued at more than $1,000.
Jeanne Redd also was accused of swapping two stone pendants for two other stone pendants valued at more than $500. In October 2008, she allegedly sold four sandals valued at more than $1,000.
Federal agents, who tapped a confidential informant identified only as the "Source" to buy and sell artifacts, spent two years building the case against the Redds and the others 22 others indicted in the theft and sale of more than 250 items, many of them sacred, from burial sites and other areas in the Four Corners region.
The Redds have been accused before of trespassing on Indian burial sites. In 2003, they agreed to pay the state $10,000 after they were prosecuted for raiding a grave. The payment settled a $250,000 lawsuit brought against them by the Utah School and Institutional Trust Lands Administration.
Before the payment, the Redds were charged with desecration of a corpse, a felony, after a sheriff's deputy observed them and some of their children digging at an Indian burial site in Cottonwood Wash near Bluff in January 1996. After a long legal battle -- in which district court judges three times dismissed charges that were later reinstated by the Utah Court of Appeals or the Utah Supreme Court --Jeanne Redd pleaded no contest to a reduced charge. Charges against James Redd were dropped.
The federal investigation revealed Wednesday involved special agents from the U.S. Bureau of Land Management and the FBI. U.S. Attorney for Utah Brett Tolman said the investigation is ongoing.
Most of the suspects are from San Juan County; three are from Durango, Colo.; and one from Albuquerque, N.M.
The informant, who was crucial to building the federal case, was wired with an audio-visual recorder when buying ancient baby blankets, stone pipes, seed jars, and sandals from the suspects, according to a search warrant affidavit unsealed Wednesday.
That warrant was for evidence gathered on San Juan High teacher David Lacy, a brother of San Juan County Sheriff Mike Lacy.
Tolman's spokeswoman, Melodie Rydalch, said Thursday none of the other affidavits had been unsealed yet.
The undercover purchases cost $335,685, Tolman said Wednesday. But new Bureau of Indian Affairs head Larry EchoHawk, a former Brigham Young University law professor, said that was just the prices put on the artifacts during the illegal transactions, not their true worth.
"These articles are really priceless," EchoHawk said during a news conference in Salt Lake City. "You can't put a dollar figure on them."
The Redds were among the 21 defendants freed Wednesday after initial appearances before U.S. Magistrate Samuel Alba in Grand County.
A 78-year-old member of the Utah Tourism Hall of Fame, Harold J. Lyman of Blanding, entered a plea of not guilty Thursday to trafficking in stolen artifacts.
ncarlisle@sltrib.com
phenetz@sltrib.com
Reporter Erin Alberty contributed to this story.
http://www.sltrib.com/news/ci_12572033
A breakdown of the artifact theft charges
A breakdown of the artifact theft charges
The Salt Lake Tribune
Richard Raymond Bourret , one felony count of violating the Archaeological Resources Protection Act (ARPA), one felony count depredation of government property
Brent Bullock , 61, Moab, three felony counts of violating ARPA, two felony counts of theft of government property
Carl Lavern Crites , 74, Durango, Colo., two felony counts of violating ARPA, two felony counts of theft of government property, one felony count depredation of government property. Crites is a collector and dealer of American Indian items. According to an online catalog of the Omaha Auction Center, his red clay Anasazi pot, claimed to be about 800 years old, sold for $200 in a February sale. A Web site for HD Enterprises, a dealer of historic artifacts, advertises five necklaces for $300, made from "prehistoric" shell disk beads found in La Plata Canyon, N.M., with paperwork by Crites. According to a Vanderbilt University television news archive, Crites was interviewed in a 1987 NBC news story in which American Indian pottery collectors criticized the tactics of federal agents searching for Indian artifacts stolen from government land.
Marie Virginia Crites , 68, Durango, Colo., two felony counts of theft of government property
Tad Kreth , 30, Blanding , seven felony counts of violating ARPA, three felony counts of theft of government property, two felony counts of theft of Indian tribal property
David A. Lacy , 55, Blanding. Lacy, a high school teacher and brother of San Juan County Sheriff Mike Lacy, was charged with four felony counts of violating ARPA, three felony counts of theft of government property, two misdemeanor counts of violating the Native American Graves Protection and Repatriation Act (NAGPRA)
Brandon Laws , 38, Blanding, one felony count of violating ARPA, one felony count of theft of Indian tribal property. Laws has previous misdemeanor convictions for drug possession and auto theft.
Nicholas K. Laws , 30, Blanding, two felony counts of violating ARPA, one felony count of theft of government property.
Reese Laws , 27, Blanding, three felony counts of violating ARPA, one felony count of theft of government property, one felony count of theft of Indian tribal property
Dale J. Lyman , 73, Blanding, three felony counts of violating ARPA
Harold J. Lyman , 78, Blanding, one felony count of violating ARPA, one felony count of theft of government property. Lyman recently was inducted into the Utah Tourism Hall of Fame. Lyman works at the Blanding Visitors Center and helped establish the "Trail of the Ancients," a scenic byway taking motorists past Indian cites in Utah and Colorado. Lyman did not immediately return a phone call seeking comment.
Raymond J. Lyman , 70, Blanding, two felony counts of violating ARPA.
Aubry Patterson , 55, Blanding, four felony counts of violating ARPA, two felony counts of theft of government property.
Jeanne H. Redd , 59, Blanding, two felony counts of violating ARPA, two felony counts of theft of government property, three felony counts of theft of Indian tribal property.
James D. Redd , 60, Blanding, one felony count of theft of Indian tribal property.
The Redds have been in the spotlight before for trespassing on American Indian burial sites. In 2003, they agreed to pay the state $10,000 after they were prosecuted criminally for raiding a burial state. The payment settled a $250,000 lawsuit brought against them by the Utah School and Institutional Trust Lands Administration. Before the payment, the Redds were charged with desecration of a corpse, a felony, after a sheriff's deputy observed them and some of their children digging at an Indian burial site in Cottonwood Wash near Bluff in January 1996. After a protracted legal battle -- in which district court judges three times dismissed charges that were later reinstated by the Utah Court of Appeals or the Utah Supreme Court -- Jeanne Redd pleaded no contest to a reduced charge and charges against James Redd, a physician, were dropped.
Steven L. Shrader, 56, Durango, Colo., two felony counts of theft of government property.
Kevin W. Shumway , 55, Blanding, eight felony counts of violating ARPA, five felony counts of theft of government property, two misdemeanor counts of violating NAGPRA.
Tammy Shumway , 39, Blanding, three felony counts of violating ARPA, one felony count of theft of government property. In May, Shumway pleaded guilty to felony possession of a controlled substance. Court records indicate Shumway was in possession of methamphetamine. In 2000, she was convicted of falsely making a financial transaction, a third-degree felony.
Sharon Evette Shumway , 41, Blanding, one felony count of violating ARPA, one felony count of theft of government property.
Joseph M. Smith , 31, Blanding, 17 felony counts of violating ARPA, eight felony counts of theft of government property, two felony counts of theft of Indian tribal property, one misdemeanor count of theft of Indian tribal property.
Meredith Smith , 34, Blanding, one felony count of violating ARPA, two felony counts of theft of government property, one count of misdemeanor theft of Indian tribal property. According to her profile on Classmates.com, Smith works as a paralegal and coordinates legal assistance for victims of domestic violence.
Rulon Kody Sommerville , 47, Monticello, one felony count of violating ARPA, one misdemeanor count of violating ARPA, one felony count of theft of Indian tribal property.
Loran St. Claire , 47, Monticello, one felony count of violating ARPA, one misdemeanor count of violating ARPA, one felony count of theft of Indian tribal property.
David Waite , 61, Albuquerque, N.M., charged with one felony count each of violating ARPA, transportation of stolen property and theft of government property.
Scott Sherman, Erin Alberty, Melinda Rogers and Nate Carlisle contributed to this story.
http://www.sltrib.com/news/ci_12565834
The Salt Lake Tribune
Richard Raymond Bourret , one felony count of violating the Archaeological Resources Protection Act (ARPA), one felony count depredation of government property
Brent Bullock , 61, Moab, three felony counts of violating ARPA, two felony counts of theft of government property
Carl Lavern Crites , 74, Durango, Colo., two felony counts of violating ARPA, two felony counts of theft of government property, one felony count depredation of government property. Crites is a collector and dealer of American Indian items. According to an online catalog of the Omaha Auction Center, his red clay Anasazi pot, claimed to be about 800 years old, sold for $200 in a February sale. A Web site for HD Enterprises, a dealer of historic artifacts, advertises five necklaces for $300, made from "prehistoric" shell disk beads found in La Plata Canyon, N.M., with paperwork by Crites. According to a Vanderbilt University television news archive, Crites was interviewed in a 1987 NBC news story in which American Indian pottery collectors criticized the tactics of federal agents searching for Indian artifacts stolen from government land.
Marie Virginia Crites , 68, Durango, Colo., two felony counts of theft of government property
Tad Kreth , 30, Blanding , seven felony counts of violating ARPA, three felony counts of theft of government property, two felony counts of theft of Indian tribal property
David A. Lacy , 55, Blanding. Lacy, a high school teacher and brother of San Juan County Sheriff Mike Lacy, was charged with four felony counts of violating ARPA, three felony counts of theft of government property, two misdemeanor counts of violating the Native American Graves Protection and Repatriation Act (NAGPRA)
Brandon Laws , 38, Blanding, one felony count of violating ARPA, one felony count of theft of Indian tribal property. Laws has previous misdemeanor convictions for drug possession and auto theft.
Nicholas K. Laws , 30, Blanding, two felony counts of violating ARPA, one felony count of theft of government property.
Reese Laws , 27, Blanding, three felony counts of violating ARPA, one felony count of theft of government property, one felony count of theft of Indian tribal property
Dale J. Lyman , 73, Blanding, three felony counts of violating ARPA
Harold J. Lyman , 78, Blanding, one felony count of violating ARPA, one felony count of theft of government property. Lyman recently was inducted into the Utah Tourism Hall of Fame. Lyman works at the Blanding Visitors Center and helped establish the "Trail of the Ancients," a scenic byway taking motorists past Indian cites in Utah and Colorado. Lyman did not immediately return a phone call seeking comment.
Raymond J. Lyman , 70, Blanding, two felony counts of violating ARPA.
Aubry Patterson , 55, Blanding, four felony counts of violating ARPA, two felony counts of theft of government property.
Jeanne H. Redd , 59, Blanding, two felony counts of violating ARPA, two felony counts of theft of government property, three felony counts of theft of Indian tribal property.
James D. Redd , 60, Blanding, one felony count of theft of Indian tribal property.
The Redds have been in the spotlight before for trespassing on American Indian burial sites. In 2003, they agreed to pay the state $10,000 after they were prosecuted criminally for raiding a burial state. The payment settled a $250,000 lawsuit brought against them by the Utah School and Institutional Trust Lands Administration. Before the payment, the Redds were charged with desecration of a corpse, a felony, after a sheriff's deputy observed them and some of their children digging at an Indian burial site in Cottonwood Wash near Bluff in January 1996. After a protracted legal battle -- in which district court judges three times dismissed charges that were later reinstated by the Utah Court of Appeals or the Utah Supreme Court -- Jeanne Redd pleaded no contest to a reduced charge and charges against James Redd, a physician, were dropped.
Steven L. Shrader, 56, Durango, Colo., two felony counts of theft of government property.
Kevin W. Shumway , 55, Blanding, eight felony counts of violating ARPA, five felony counts of theft of government property, two misdemeanor counts of violating NAGPRA.
Tammy Shumway , 39, Blanding, three felony counts of violating ARPA, one felony count of theft of government property. In May, Shumway pleaded guilty to felony possession of a controlled substance. Court records indicate Shumway was in possession of methamphetamine. In 2000, she was convicted of falsely making a financial transaction, a third-degree felony.
Sharon Evette Shumway , 41, Blanding, one felony count of violating ARPA, one felony count of theft of government property.
Joseph M. Smith , 31, Blanding, 17 felony counts of violating ARPA, eight felony counts of theft of government property, two felony counts of theft of Indian tribal property, one misdemeanor count of theft of Indian tribal property.
Meredith Smith , 34, Blanding, one felony count of violating ARPA, two felony counts of theft of government property, one count of misdemeanor theft of Indian tribal property. According to her profile on Classmates.com, Smith works as a paralegal and coordinates legal assistance for victims of domestic violence.
Rulon Kody Sommerville , 47, Monticello, one felony count of violating ARPA, one misdemeanor count of violating ARPA, one felony count of theft of Indian tribal property.
Loran St. Claire , 47, Monticello, one felony count of violating ARPA, one misdemeanor count of violating ARPA, one felony count of theft of Indian tribal property.
David Waite , 61, Albuquerque, N.M., charged with one felony count each of violating ARPA, transportation of stolen property and theft of government property.
Scott Sherman, Erin Alberty, Melinda Rogers and Nate Carlisle contributed to this story.
http://www.sltrib.com/news/ci_12565834
Airport Authority turns back on community’s questions
Airport Authority turns back on community’s questions
Thursday, 11 June 2009
By D. Linsey Wisdom
News Editor
Members of the public have questions they want answers to, but according to Airport Authority Attorney Joe Collins, those questions will remain unanswered.
On the request of authority chairman Milles Gregory, residents submitted written questions regarding the Macon County Airport expansion and future development. Letters were answered with little result.
“It is my opinion,” wrote Collins, “that neither Chairman Gregory nor any member of the Airport Authority are obligated to respond to your questionnaire, and I have advised them accordingly.”
The letter was sent to a representative from two groups, Olga Pader with Save Iotla Valley Citizens Group and Sharon Kitchens with Save the Sacred Sites. The two organizations are not related. Each group, however, submitted separate lists of questions to the authority last month.
The Save Iotla Valley questions indicated they were responding to the authority’s request to submit all questions in writing. Six community members submitted questions with each person asking four to eight questions.
Collins said in all, just from Save Iotla Valley, there were about 50 questions.
“Some are questions. Some are statements of opinion. Some would require extensive research, engineering and hard work that those asking the question could answer just as well,” Collins said on Friday.
He said all resources are available to residents, like the 400-page environmental assessment which addresses issues like need for the airport and size of plane that is currently using the airport and will use the airport in the future.
Some questions are straightforward. “Who really owns the airport? Provide legal proof,” writes Jess Meadows. Others are more in depth: “How will increased noise pollution affect all of North Macon County and residents?” asked Debby Boots.
Pader, who lives close to the airport and has become the unofficial point person for Save Iotla Valley, said she feels like it is a “slap in the face” that the airport authority refused to answer questions.
“I find the whole situation frustrating and disheartening. What has become very clear is the people who live in Iotla Valley are being ignored,” she said.
She said the authority argues that this plan has been in process for the last 10 years.
“That being the case, these questions should already be answered,” Pader said.
Fleming Bell with the North Carolina School of Government says the authority is acting within the confines of the law.
“I think that attendees are entitled to ask questions during a public comment period or a public hearing, but there is no requirement that board members respond to those questions, either at the meeting or at some later time,” Bell said.
He said that public comment periods are only required as the law dictates, which is once a month at city council, school board and county commission meetings only.
Boards can impose time limits or adopt other rules in regards to public hearing and public comment periods.
“If public comment is being received, the board must be careful to allow all viewpoints to be heard. In my opinion, criticism of the board itself must also be allowed,” Bell said. “These rules stem from the fact that public comment periods and public hearings constitute limited public forums under First Amendment law.”
Collins said the authority was trying to be accommodating, but Gregory was simply overwhelmed by the number of responses received to the statement “submit your questions in writing.”
“It was suggested to Milles that, if these questions were written down, they would be more manageable,” Collins said. Meetings this spring have been well attended and many residents were seeking answers to questions during the public comment period.
When the letters were submitted, said Collins, Gregory was overwhelmed and brought the information to the attorney’s attention.
“As an attorney, I saw this was an unreasonable request of them. These people are volunteers. And I don’t think it would have satisfied those asking the questions,” Collins said. “It would open the door for interpretation of our answers. I just didn’t see the benefit to begin a process like that. It would be never ending.”
Collins said he advised Gregory against answering the questions individually.
“A well developed, complete response would require many manhours of work by many people. Some responses could be made by the members of the authority while other responses would require the assistance of others, including industry experts,” Collins explains in his letter. Those experts would cost money.
The offer was made to answer questions in writing because a number of people were very upset to learn of the project nearing the end of its completion. But in truth, the project is too far along to start over from the beginning.
“What we really want to know is where this is leading,” Pader said. She said there is talk in the community of future expansion, widening Airport Road and widening Iotla Road.
“We are the people living in this community. We have a right to know. We have a right to receive answers. They are beholdened to us, not the other way around,” she said.
Dolly Reed, a native Cherokee and area resident, said she doesn’t understand the attorney’s response.
“I couldn’t see why they couldn’t answer any of the questions,” she said. “When a child asks you a question, you answer ‘yes,’ ‘no,’ or ‘maybe later.’” If the authority didn’t have answers readily available, or were asked too many questions at once, they should have said, “Maybe later.”
Gregory said on Tuesday he understood that people were upset.
“I take the blame for that,” Gregory said. “I had no idea when I opened that door just what the response would be.”
The authority states it followed the law. It posted notices of meetings as required. A formal public hearing was held.
Reed agreed that the board may have followed the letter of the law, but posting public notices when people aren’t expecting to look for them is an unrealistic solution.
“If you’re not really looking for it, you’re going to miss it,” she said.
Macon County Commissioner Bobby Kuppers acts as a liaison between the authority and the county commission. He has served in this role for the last six months.
“I hesitate to make any comment on this letter. It is a decision reached between the authority and its attorney,” he said. Kuppers is not a voting authority member and did not observe any discussion regarding the action.
“I can speak as a commissioner and say that in a commission meeting, the time to really raise the issues is during the public hearing,” he said. “I know during public comments, sometimes people don’t get the floor as long as they would like, but on the flip side of the coin, it’s really just a business meeting.”
He reiterated the fact that those serving on the authority were just volunteers.
“And at the end of the day, they’re your neighbors,” he said.
From what he has observed in the last six months, Kuppers said he has seen people become very interested in what the airport expansion is doing right now. But a lot of background work and public discussion took place before reaching this point.
“I respect their opinion, I really do. But this shows why it is so important for people to get involved early on. When you get in too late, you can’t be as effective,” he said.
Community members came before the board of commissioners to express their concerns earlier this year. The county has heard the concerns but taken no action and has failed to answer citizens’ concerns.
“People are welcome to come before the commissioners at anytime, but I don’t know that it will bring resolution to this situation,” Kuppers said.
Gregory also said he did not know how to come to a truce. The vocal groups right now are just against the project, he said.
“I don’t see resolution from their point of view. But, the majority of the people I have spoken with are for the project. This has been ongoing for 10 years.”
He said as far as future expansion, lots of things have been discussed over the last decade. There is a desire to build more hangars on the site. As for road projects, there was talk at one time, but he did not think that funding was available at this point.
Reed said now may be the time to become more organized as a community. She said she would like to see more effort made to keep residents informed of projects in those “early stages.”
Commissioners are now making visits to community clubs and that would be one communication tool which could help prevent problems like this in the future. A small public notice or posting information in the courthouse just doesn’t reach the people effectively.
“We’re not going to give up,” Pader said. “This is our community; we have a right to know.”
http://www.maconnews.com/index.php?option=com_content&task=view&id=4878&Itemid=34
Thursday, 11 June 2009
By D. Linsey Wisdom
News Editor
Members of the public have questions they want answers to, but according to Airport Authority Attorney Joe Collins, those questions will remain unanswered.
On the request of authority chairman Milles Gregory, residents submitted written questions regarding the Macon County Airport expansion and future development. Letters were answered with little result.
“It is my opinion,” wrote Collins, “that neither Chairman Gregory nor any member of the Airport Authority are obligated to respond to your questionnaire, and I have advised them accordingly.”
The letter was sent to a representative from two groups, Olga Pader with Save Iotla Valley Citizens Group and Sharon Kitchens with Save the Sacred Sites. The two organizations are not related. Each group, however, submitted separate lists of questions to the authority last month.
The Save Iotla Valley questions indicated they were responding to the authority’s request to submit all questions in writing. Six community members submitted questions with each person asking four to eight questions.
Collins said in all, just from Save Iotla Valley, there were about 50 questions.
“Some are questions. Some are statements of opinion. Some would require extensive research, engineering and hard work that those asking the question could answer just as well,” Collins said on Friday.
He said all resources are available to residents, like the 400-page environmental assessment which addresses issues like need for the airport and size of plane that is currently using the airport and will use the airport in the future.
Some questions are straightforward. “Who really owns the airport? Provide legal proof,” writes Jess Meadows. Others are more in depth: “How will increased noise pollution affect all of North Macon County and residents?” asked Debby Boots.
Pader, who lives close to the airport and has become the unofficial point person for Save Iotla Valley, said she feels like it is a “slap in the face” that the airport authority refused to answer questions.
“I find the whole situation frustrating and disheartening. What has become very clear is the people who live in Iotla Valley are being ignored,” she said.
She said the authority argues that this plan has been in process for the last 10 years.
“That being the case, these questions should already be answered,” Pader said.
Fleming Bell with the North Carolina School of Government says the authority is acting within the confines of the law.
“I think that attendees are entitled to ask questions during a public comment period or a public hearing, but there is no requirement that board members respond to those questions, either at the meeting or at some later time,” Bell said.
He said that public comment periods are only required as the law dictates, which is once a month at city council, school board and county commission meetings only.
Boards can impose time limits or adopt other rules in regards to public hearing and public comment periods.
“If public comment is being received, the board must be careful to allow all viewpoints to be heard. In my opinion, criticism of the board itself must also be allowed,” Bell said. “These rules stem from the fact that public comment periods and public hearings constitute limited public forums under First Amendment law.”
Collins said the authority was trying to be accommodating, but Gregory was simply overwhelmed by the number of responses received to the statement “submit your questions in writing.”
“It was suggested to Milles that, if these questions were written down, they would be more manageable,” Collins said. Meetings this spring have been well attended and many residents were seeking answers to questions during the public comment period.
When the letters were submitted, said Collins, Gregory was overwhelmed and brought the information to the attorney’s attention.
“As an attorney, I saw this was an unreasonable request of them. These people are volunteers. And I don’t think it would have satisfied those asking the questions,” Collins said. “It would open the door for interpretation of our answers. I just didn’t see the benefit to begin a process like that. It would be never ending.”
Collins said he advised Gregory against answering the questions individually.
“A well developed, complete response would require many manhours of work by many people. Some responses could be made by the members of the authority while other responses would require the assistance of others, including industry experts,” Collins explains in his letter. Those experts would cost money.
The offer was made to answer questions in writing because a number of people were very upset to learn of the project nearing the end of its completion. But in truth, the project is too far along to start over from the beginning.
“What we really want to know is where this is leading,” Pader said. She said there is talk in the community of future expansion, widening Airport Road and widening Iotla Road.
“We are the people living in this community. We have a right to know. We have a right to receive answers. They are beholdened to us, not the other way around,” she said.
Dolly Reed, a native Cherokee and area resident, said she doesn’t understand the attorney’s response.
“I couldn’t see why they couldn’t answer any of the questions,” she said. “When a child asks you a question, you answer ‘yes,’ ‘no,’ or ‘maybe later.’” If the authority didn’t have answers readily available, or were asked too many questions at once, they should have said, “Maybe later.”
Gregory said on Tuesday he understood that people were upset.
“I take the blame for that,” Gregory said. “I had no idea when I opened that door just what the response would be.”
The authority states it followed the law. It posted notices of meetings as required. A formal public hearing was held.
Reed agreed that the board may have followed the letter of the law, but posting public notices when people aren’t expecting to look for them is an unrealistic solution.
“If you’re not really looking for it, you’re going to miss it,” she said.
Macon County Commissioner Bobby Kuppers acts as a liaison between the authority and the county commission. He has served in this role for the last six months.
“I hesitate to make any comment on this letter. It is a decision reached between the authority and its attorney,” he said. Kuppers is not a voting authority member and did not observe any discussion regarding the action.
“I can speak as a commissioner and say that in a commission meeting, the time to really raise the issues is during the public hearing,” he said. “I know during public comments, sometimes people don’t get the floor as long as they would like, but on the flip side of the coin, it’s really just a business meeting.”
He reiterated the fact that those serving on the authority were just volunteers.
“And at the end of the day, they’re your neighbors,” he said.
From what he has observed in the last six months, Kuppers said he has seen people become very interested in what the airport expansion is doing right now. But a lot of background work and public discussion took place before reaching this point.
“I respect their opinion, I really do. But this shows why it is so important for people to get involved early on. When you get in too late, you can’t be as effective,” he said.
Community members came before the board of commissioners to express their concerns earlier this year. The county has heard the concerns but taken no action and has failed to answer citizens’ concerns.
“People are welcome to come before the commissioners at anytime, but I don’t know that it will bring resolution to this situation,” Kuppers said.
Gregory also said he did not know how to come to a truce. The vocal groups right now are just against the project, he said.
“I don’t see resolution from their point of view. But, the majority of the people I have spoken with are for the project. This has been ongoing for 10 years.”
He said as far as future expansion, lots of things have been discussed over the last decade. There is a desire to build more hangars on the site. As for road projects, there was talk at one time, but he did not think that funding was available at this point.
Reed said now may be the time to become more organized as a community. She said she would like to see more effort made to keep residents informed of projects in those “early stages.”
Commissioners are now making visits to community clubs and that would be one communication tool which could help prevent problems like this in the future. A small public notice or posting information in the courthouse just doesn’t reach the people effectively.
“We’re not going to give up,” Pader said. “This is our community; we have a right to know.”
http://www.maconnews.com/index.php?option=com_content&task=view&id=4878&Itemid=34
Federal Agents Bust Ring of Antiquity Thieves Looting American Indian Sites for Priceless Treasures
Date: June 10, 2009
Contact: Frank Quimby, (202) 208-6416
Nedra Darling, 202-2194150
Federal Agents Bust Ring of Antiquity Thieves Looting American Indian Sites for Priceless Treasures
Largest Ever Undercover Operation Nabs Diggers, Dealers and Collectors Operating in Four Corners Region
SALT LAKE CITY – An unprecedented two-year undercover operation led by agents from Interior’s Bureau of Land Management (BLM) and the FBI today began rounding up what prosecutors call a ring of archeological grave robbers who looted pristine sites in the Southwest, desecrated ancient American Indian burials and stole priceless artifacts, selling them to dealers and collectors who were associated with the network.
In the nation’s largest investigation of archaeological and cultural artifact thefts, law officers from BLM, FBI, and U.S. Marshals, joined by local and state law enforcement partners, began arresting 23 individuals and executing a dozen search warrants in four states. The defendents, from Utah, New Mexico, and Colorado, were named in 12 indictments handed down by a Salt Lake City grand jury for multiple violations of federal law. Federal agents have identified more than 250 artifacts stolen by the ring, with an estimate value exceeding $335,000, including decorated Anasazi pottery, burial and ceremonial masks, a buffalo headdress, and ancient sandals known to be associated with Native American burials.
“Let this case serve notice to anyone who is considering breaking these laws and trampling our nation’s cultural heritage that the BLM, the Department of Justice, and the federal government will track you down and bring you to justice,” said Secretary of the Interior Ken Salazar. “As these alleged criminals are prosecuted and as federal agents continue to hunt down wrong doers, BLM cultural resources staff will work to ensure the proper recovery, identification, repatriation, and storage of the artifacts that have been confiscated.
“Looters robbing tribal communities of their cultural patrimony is a major law enforcement issue for federal agencies enforcing historic preservation laws in Indian Country,” said Interior Assistant Secretary-Indian Affairs Larry Echo Hawk. "Today's action should give American Indians and Alaska Natives assurance that the Obama Administration is serious about preserving and protecting their cultural property."
The indictments were announced by Secretary Salazar; Assistant Secretary EchoHawk; Deputy Attorney General David Ogden of the U.S. Department of Justice; Brett L. Tolman, U.S Attorney in Utah; and Timothy J. Fuhrman, Special Agent in Charge of the FBI’s Salt Lake City Field Office. The ring is charged with multiple counts of violating the Archaeological Resources Protection Act and the Native American Graves Protection and Repatriation Act as well as theft of government property, depredation of government property, and theft of Indian tribal property.
The Four Corners region, rich in archaeological resources, contains priceless and sacred artifacts of vital importance to Southwest American Indian communities, as well as of cultural and historical interest to scientists and academic scholars. The looting of the archeological sites also means the permanent loss of significant amounts of archeological, cultural and historical information because the artifacts can not now be identified in their in-situ context.
“These archaeological treasures are precious and protecting them preserves a rich history and heritage,” said Deputy Attorney General Ogden. “That is why the Justice Department will use all of its tools to vigorously enforce the laws designed to safeguard the cultural heritage of Native Americans. Recommitting resources and focus to criminal justice in Indian Country is of paramount importance to the Justice Department.”
Ogden said the Department of justice is conducting a training initiative with the Interior Department for federal prosecutors and law enforcement personnel on looting, vandalism, and illegal trafficking of cultural heritage, and the Department plans to reach out to Indian Country leaders in the near future to engage in consultation on these issues.
“These treasures are the heritage of all Americans, and some of the objects are sacred to American Indians,” said U.S. Attorney Tolman. “Those who loot or damage public and American Indian resources for their own personal use or gain take something from all of us. Those engaged in this kind of conduct will be prosecuted,” Tolman said.
“The FBI has taken this matter seriously and spent a significant amount of personnel and financial resources in exposing this network of individuals illegally trafficking in these items,” Said FBI Special Agent in Charge Fuhrman. “The FBI remains committed to devoting all necessary resources to address this problem.”
A list of defendants is included as an attachment to this press release. The defendants were scheduled to appear before U.S. Magistrate Judge Samuel Alba at the Grand County Courthouse in Moab later today. Defendants charged in federal indictments are presumed innocent unless or until proven guilty in court.
The Archaeological Resources Protection Act prohibits the unauthorized excavation and removal of archaeological resources on federal lands as well as the unlawful sale, purchase, or exchange of such resources. Under the Native American Graves Protection and Repatriation Act, any Native American human remains, funerary objects, objects of cultural patrimony and sacred objects must be repatriated to Indian tribes.
The BLM will consult with tribes to determine cultural affiliation and to facilitate repatriation Of the stolen artifacts. For objects not subject to the Native American Graves Protection and Repatriation Act, the BLM will work with museums to stabilize, identify, and preserve them under the provisions of Archaeological Resources Protection Act and make them available for scientific research and public education.
U.S. Department of Justice
Brett L. Tolman
United States Attorney
District of Utah
Defendants in ARPA/NAGPRA cases
1. Loran St. Clair, Age 47, Monticello, UT
2. Rulon Kody Sommerville, Age 47, Monticello, UT
3. Kevin W. Shumway, Age 55, Blanding, UT
4. Sharon Evette Shumway, Age 41, Blanding, UT
5. David A. Lacy, Age 55, Blanding, UT
6. Aubry Patterson, Age 55, Blanding, UT
7. Dale J. Lyman, Age 73, Blanding, UT
8. Jeanne Redd, Age 59, Blanding, UT
9. James D. Redd, Age 60, Blanding, UT
10. Raymond J. Lyman, Age 70, Blanding, UT
11. Vern Crites, Age 74, Durango, CO
12. Marie Crites, Age 68, Durango, CO
13. Steven Shrader, Durango, CO
14. Tammy Shumway, Age 39, Blanding, UT
15. Joseph Smith, Age 31, Blanding, UT
16. Meredith Smith, Age 34, Blanding, UT
17. Harold Lyman, Age 78, Blanding, UT
18. Reese Laws, Age 27, Blanding, UT
19. Nick Laws, Age 30, Blanding, UT
20. Brandon Laws, Age 38, Blanding, UT
21. Tad Kreth, Age 30, Blanding, UT
22. Brent Bullock, Age 61, Moab, UT
23. Richard Bourret
http://www.doi.gov/news/09_News_Releases/061009a.html
Contact: Frank Quimby, (202) 208-6416
Nedra Darling, 202-2194150
Federal Agents Bust Ring of Antiquity Thieves Looting American Indian Sites for Priceless Treasures
Largest Ever Undercover Operation Nabs Diggers, Dealers and Collectors Operating in Four Corners Region
SALT LAKE CITY – An unprecedented two-year undercover operation led by agents from Interior’s Bureau of Land Management (BLM) and the FBI today began rounding up what prosecutors call a ring of archeological grave robbers who looted pristine sites in the Southwest, desecrated ancient American Indian burials and stole priceless artifacts, selling them to dealers and collectors who were associated with the network.
In the nation’s largest investigation of archaeological and cultural artifact thefts, law officers from BLM, FBI, and U.S. Marshals, joined by local and state law enforcement partners, began arresting 23 individuals and executing a dozen search warrants in four states. The defendents, from Utah, New Mexico, and Colorado, were named in 12 indictments handed down by a Salt Lake City grand jury for multiple violations of federal law. Federal agents have identified more than 250 artifacts stolen by the ring, with an estimate value exceeding $335,000, including decorated Anasazi pottery, burial and ceremonial masks, a buffalo headdress, and ancient sandals known to be associated with Native American burials.
“Let this case serve notice to anyone who is considering breaking these laws and trampling our nation’s cultural heritage that the BLM, the Department of Justice, and the federal government will track you down and bring you to justice,” said Secretary of the Interior Ken Salazar. “As these alleged criminals are prosecuted and as federal agents continue to hunt down wrong doers, BLM cultural resources staff will work to ensure the proper recovery, identification, repatriation, and storage of the artifacts that have been confiscated.
“Looters robbing tribal communities of their cultural patrimony is a major law enforcement issue for federal agencies enforcing historic preservation laws in Indian Country,” said Interior Assistant Secretary-Indian Affairs Larry Echo Hawk. "Today's action should give American Indians and Alaska Natives assurance that the Obama Administration is serious about preserving and protecting their cultural property."
The indictments were announced by Secretary Salazar; Assistant Secretary EchoHawk; Deputy Attorney General David Ogden of the U.S. Department of Justice; Brett L. Tolman, U.S Attorney in Utah; and Timothy J. Fuhrman, Special Agent in Charge of the FBI’s Salt Lake City Field Office. The ring is charged with multiple counts of violating the Archaeological Resources Protection Act and the Native American Graves Protection and Repatriation Act as well as theft of government property, depredation of government property, and theft of Indian tribal property.
The Four Corners region, rich in archaeological resources, contains priceless and sacred artifacts of vital importance to Southwest American Indian communities, as well as of cultural and historical interest to scientists and academic scholars. The looting of the archeological sites also means the permanent loss of significant amounts of archeological, cultural and historical information because the artifacts can not now be identified in their in-situ context.
“These archaeological treasures are precious and protecting them preserves a rich history and heritage,” said Deputy Attorney General Ogden. “That is why the Justice Department will use all of its tools to vigorously enforce the laws designed to safeguard the cultural heritage of Native Americans. Recommitting resources and focus to criminal justice in Indian Country is of paramount importance to the Justice Department.”
Ogden said the Department of justice is conducting a training initiative with the Interior Department for federal prosecutors and law enforcement personnel on looting, vandalism, and illegal trafficking of cultural heritage, and the Department plans to reach out to Indian Country leaders in the near future to engage in consultation on these issues.
“These treasures are the heritage of all Americans, and some of the objects are sacred to American Indians,” said U.S. Attorney Tolman. “Those who loot or damage public and American Indian resources for their own personal use or gain take something from all of us. Those engaged in this kind of conduct will be prosecuted,” Tolman said.
“The FBI has taken this matter seriously and spent a significant amount of personnel and financial resources in exposing this network of individuals illegally trafficking in these items,” Said FBI Special Agent in Charge Fuhrman. “The FBI remains committed to devoting all necessary resources to address this problem.”
A list of defendants is included as an attachment to this press release. The defendants were scheduled to appear before U.S. Magistrate Judge Samuel Alba at the Grand County Courthouse in Moab later today. Defendants charged in federal indictments are presumed innocent unless or until proven guilty in court.
The Archaeological Resources Protection Act prohibits the unauthorized excavation and removal of archaeological resources on federal lands as well as the unlawful sale, purchase, or exchange of such resources. Under the Native American Graves Protection and Repatriation Act, any Native American human remains, funerary objects, objects of cultural patrimony and sacred objects must be repatriated to Indian tribes.
The BLM will consult with tribes to determine cultural affiliation and to facilitate repatriation Of the stolen artifacts. For objects not subject to the Native American Graves Protection and Repatriation Act, the BLM will work with museums to stabilize, identify, and preserve them under the provisions of Archaeological Resources Protection Act and make them available for scientific research and public education.
U.S. Department of Justice
Brett L. Tolman
United States Attorney
District of Utah
Defendants in ARPA/NAGPRA cases
1. Loran St. Clair, Age 47, Monticello, UT
2. Rulon Kody Sommerville, Age 47, Monticello, UT
3. Kevin W. Shumway, Age 55, Blanding, UT
4. Sharon Evette Shumway, Age 41, Blanding, UT
5. David A. Lacy, Age 55, Blanding, UT
6. Aubry Patterson, Age 55, Blanding, UT
7. Dale J. Lyman, Age 73, Blanding, UT
8. Jeanne Redd, Age 59, Blanding, UT
9. James D. Redd, Age 60, Blanding, UT
10. Raymond J. Lyman, Age 70, Blanding, UT
11. Vern Crites, Age 74, Durango, CO
12. Marie Crites, Age 68, Durango, CO
13. Steven Shrader, Durango, CO
14. Tammy Shumway, Age 39, Blanding, UT
15. Joseph Smith, Age 31, Blanding, UT
16. Meredith Smith, Age 34, Blanding, UT
17. Harold Lyman, Age 78, Blanding, UT
18. Reese Laws, Age 27, Blanding, UT
19. Nick Laws, Age 30, Blanding, UT
20. Brandon Laws, Age 38, Blanding, UT
21. Tad Kreth, Age 30, Blanding, UT
22. Brent Bullock, Age 61, Moab, UT
23. Richard Bourret
http://www.doi.gov/news/09_News_Releases/061009a.html
Tuesday, June 9, 2009
Supreme Court Affirms Tribes Have No Religious Rights,
ATTN NEWS DESK – NEWS RELEASE - FOR IMMEDIATE RELEASE
June 6th, 2009
Contact: Klee Benally, Save the Peaks Coalition
(928) 380-2629 | coalition@savethepeaks.org | www.savethepeaks.org
Supreme Court Affirms Tribes Have No Religious Rights,
Tribes and others Call For Congressional Action to Protect Sacred Places
Flagstaff, AZ -- On Monday, June 8th 2009, the Supreme Court denied the petition by Tribes & Environmental groups to hear the case to protect the holy San Francisco Peaks.
For nearly a decade, the Save the Peaks Coalition, Tribes, Environmental groups, and community members lead an effort to stop the Snowbowl ski area’s plan to expand it’s development on the Peaks, and make snow from treated sewage effluent. The ski resort operates on the Holy Mountain through a lease by the United States Forest Service, which sanctioned the proposed development in 2004.
This is the second time that a petition for the protection of the San Francisco Peaks has been denied by the Supreme Court.
According to Howard Shanker, attorney for the Navajo Nation, the Havasupai Tribe, the Yavapai-Apache Nation, the White Mountain Apache Tribe, Flagstaff Activist Network, the Center for Biological Diversity and others, and former congressional candidate: “It is unfortunate that the Supreme Court denied our petition for certiorari. The Court’s denial serves to perpetuate injustice and the application of bad law regarding the rights of Native Americans to protect sacred and holy sites. It is, however safe to say that as long as the San Francisco Peaks remain, there will be people willing to continue the struggle to protect the Peaks and to honor the beliefs and cultures of those peoples who hold them sacred.”
“The Supreme Court’s denial of certiorari in the Navajo Nation case is unfortunate to say the least.” Stated Jack Trope of the Association on American Indian Affairs who is working together with DNA Legal Services, representing the Hualapai Tribe, Navajo medicine practitioner Norris Nez and Hopi spiritual practitioner Bill Preston. “It means that the San Francisco Peaks, sacred to so many tribes, will continue to be at great risk from the development approved by the Forest Service that allows treated sewage water to be used for snowmaking. It also means that the Ninth Circuit’s narrow interpretation of the Religious Freedom Restoration Act (RFRA) – an interpretation which in practice will make that law virtually unavailable to protect sacred lands in the states covered by the Ninth Circuit – will stand.”
According to the previous ruling of the en banc panel of the 9th Circuit, "the only effect of the proposed upgrades is on the Plaintiffs' subjective, emotional religious experience. That is, the presence of recycled wastewater on the Peaks is offensive to the Plaintiffs' religious sensibilities…the diminishment of spiritual fulfillment – serious though it may be – is not a 'substantial burden' on the free exercise of religion." The Court dismissed Plaintiffs' religious beliefs as calling them mere "damaged spiritual feelings." Regrettably, the Supreme Court’s refusal to hear the case leaves the en banc panel’s decision in place as the law in the Ninth Circuit.
“The Navajo Nation cannot express enough disappointment and disapproval.” Said Navajo Nation Council Speaker Lawrence T. Morgan. “Navajo people understand Dook’o’ooslid, the San Francisco Peaks, to be a significant relative that we attribute value, concern and meaning to as anyone else would to a mother, father or grandparent. It is very unfortunate that our non-native relatives do not realize the seriousness of their decisions.”
Don Watahomigie, Chairman of the Havasupai Tribe stated, “Where do native people stand now in relation to our govt to govt relationship with the federal govt when laws passed like RFRA, airfa and NAGPRA don't hold water? If this goes on this will be a precedent for other developments to start on other spiritual sacred lands anywhere in the country. I call on other tribal leaders to work together to find a way to create laws to hold water and protect the sacred.”
“The Supreme Court, the Forest Service, and the Flagstaff City Council have all failed us.” Stated Jeneda Benally of the Save the Peaks Coalition. “In this day and age, we are still denied our basic civil and human rights by the U.S. government. We have no guarantee for the protection of our religious freedom. This case was important to insure religious freedom in the United States of America. Our own courts have failed the American people once again.”
“This is nothing new. The Supreme Court is deflecting its responsibilities toward indigenous people all over the country.” Stated Carly Long, President of the Board of Directors of the Flagstaff Activist Network, a plaintiff in the case. “Indigenous people and their allies need to stand up in the wake of this injustice and demand more from the US government. It is high time Congress stepped in with legislation to protect Native rights and sacred sites.”
“This is a setback, but it is not the end. The Obama Administration still has the authority to stop this development and develop policies to ensure that future decisions are more respectful of sacred sites.” stated Jack F. Trope, Executive Director, Association on American Indian Affairs. “Moreover, other circuits like the Tenth Circuit have interpreted RFRA more broadly and efforts to use that law to protect other sacred places will continue. Finally, the struggle over the San Francisco Peaks and the failure of RFRA to protect this sacred place ought to send the message to Congress that it is time for the lawmakers to approve legislation that would strengthen applicable law so that it will better protect Native American sacred places across the country.”
“As one of the plaintiffs in this case, I talk with Hopi elders, they have been telling me that they are tired of white men making decisions without coming to Hopi to tell us.” Stated Bucky Preston, a Hopi spiritual runner and plaintiff in the case. “A government is run by human beings and we are not above one another as humans. We are all equal. If we want good lives, consultation should be humans coming together by consensus. This is the Hopi way and this has never happened. We need to respect life and this can’t be done with this kind of consultation. True consultation has yet to be seen at Hopi. I remember that Obama told the Crow people that he would be thinking of Indian People every day. I point to him now and call upon him to come to Hopi in true consultation to resolve this matter with the true Hopi elders from our villages.” Stated Bucky Preston.
“This case goes far beyond the interests of a single for-profit private business. Our traditional cultural teachings compel us to continue to fight Snowbowl’s attempts at expansion and snowmaking with treated sewage on this Holy Mountain.” Stated Klee Benally of the Save the Peaks Coalition. “We will continue our work to protect the sensitive mountain ecosystem and public health. Our way of life is in peril. We will continue to pray and struggle to safeguard mother earth for our cultural survival.
Navajo Nation Speaker Lawrence T. Morgan stated, “If we stop here, we are short changing ourselves, we have to stand our ground and continue the fight for the protection of our sacred sites,” he added. “We cannot allow the flood gates to open even further. It is extremely important to seek all means of legal remedies, these decisions will impact future generations, it is imperative that we seek a decision in our favor.”
For more information and background please visit: www.savethepeaks.org
###
June 6th, 2009
Contact: Klee Benally, Save the Peaks Coalition
(928) 380-2629 | coalition@savethepeaks.org | www.savethepeaks.org
Supreme Court Affirms Tribes Have No Religious Rights,
Tribes and others Call For Congressional Action to Protect Sacred Places
Flagstaff, AZ -- On Monday, June 8th 2009, the Supreme Court denied the petition by Tribes & Environmental groups to hear the case to protect the holy San Francisco Peaks.
For nearly a decade, the Save the Peaks Coalition, Tribes, Environmental groups, and community members lead an effort to stop the Snowbowl ski area’s plan to expand it’s development on the Peaks, and make snow from treated sewage effluent. The ski resort operates on the Holy Mountain through a lease by the United States Forest Service, which sanctioned the proposed development in 2004.
This is the second time that a petition for the protection of the San Francisco Peaks has been denied by the Supreme Court.
According to Howard Shanker, attorney for the Navajo Nation, the Havasupai Tribe, the Yavapai-Apache Nation, the White Mountain Apache Tribe, Flagstaff Activist Network, the Center for Biological Diversity and others, and former congressional candidate: “It is unfortunate that the Supreme Court denied our petition for certiorari. The Court’s denial serves to perpetuate injustice and the application of bad law regarding the rights of Native Americans to protect sacred and holy sites. It is, however safe to say that as long as the San Francisco Peaks remain, there will be people willing to continue the struggle to protect the Peaks and to honor the beliefs and cultures of those peoples who hold them sacred.”
“The Supreme Court’s denial of certiorari in the Navajo Nation case is unfortunate to say the least.” Stated Jack Trope of the Association on American Indian Affairs who is working together with DNA Legal Services, representing the Hualapai Tribe, Navajo medicine practitioner Norris Nez and Hopi spiritual practitioner Bill Preston. “It means that the San Francisco Peaks, sacred to so many tribes, will continue to be at great risk from the development approved by the Forest Service that allows treated sewage water to be used for snowmaking. It also means that the Ninth Circuit’s narrow interpretation of the Religious Freedom Restoration Act (RFRA) – an interpretation which in practice will make that law virtually unavailable to protect sacred lands in the states covered by the Ninth Circuit – will stand.”
According to the previous ruling of the en banc panel of the 9th Circuit, "the only effect of the proposed upgrades is on the Plaintiffs' subjective, emotional religious experience. That is, the presence of recycled wastewater on the Peaks is offensive to the Plaintiffs' religious sensibilities…the diminishment of spiritual fulfillment – serious though it may be – is not a 'substantial burden' on the free exercise of religion." The Court dismissed Plaintiffs' religious beliefs as calling them mere "damaged spiritual feelings." Regrettably, the Supreme Court’s refusal to hear the case leaves the en banc panel’s decision in place as the law in the Ninth Circuit.
“The Navajo Nation cannot express enough disappointment and disapproval.” Said Navajo Nation Council Speaker Lawrence T. Morgan. “Navajo people understand Dook’o’ooslid, the San Francisco Peaks, to be a significant relative that we attribute value, concern and meaning to as anyone else would to a mother, father or grandparent. It is very unfortunate that our non-native relatives do not realize the seriousness of their decisions.”
Don Watahomigie, Chairman of the Havasupai Tribe stated, “Where do native people stand now in relation to our govt to govt relationship with the federal govt when laws passed like RFRA, airfa and NAGPRA don't hold water? If this goes on this will be a precedent for other developments to start on other spiritual sacred lands anywhere in the country. I call on other tribal leaders to work together to find a way to create laws to hold water and protect the sacred.”
“The Supreme Court, the Forest Service, and the Flagstaff City Council have all failed us.” Stated Jeneda Benally of the Save the Peaks Coalition. “In this day and age, we are still denied our basic civil and human rights by the U.S. government. We have no guarantee for the protection of our religious freedom. This case was important to insure religious freedom in the United States of America. Our own courts have failed the American people once again.”
“This is nothing new. The Supreme Court is deflecting its responsibilities toward indigenous people all over the country.” Stated Carly Long, President of the Board of Directors of the Flagstaff Activist Network, a plaintiff in the case. “Indigenous people and their allies need to stand up in the wake of this injustice and demand more from the US government. It is high time Congress stepped in with legislation to protect Native rights and sacred sites.”
“This is a setback, but it is not the end. The Obama Administration still has the authority to stop this development and develop policies to ensure that future decisions are more respectful of sacred sites.” stated Jack F. Trope, Executive Director, Association on American Indian Affairs. “Moreover, other circuits like the Tenth Circuit have interpreted RFRA more broadly and efforts to use that law to protect other sacred places will continue. Finally, the struggle over the San Francisco Peaks and the failure of RFRA to protect this sacred place ought to send the message to Congress that it is time for the lawmakers to approve legislation that would strengthen applicable law so that it will better protect Native American sacred places across the country.”
“As one of the plaintiffs in this case, I talk with Hopi elders, they have been telling me that they are tired of white men making decisions without coming to Hopi to tell us.” Stated Bucky Preston, a Hopi spiritual runner and plaintiff in the case. “A government is run by human beings and we are not above one another as humans. We are all equal. If we want good lives, consultation should be humans coming together by consensus. This is the Hopi way and this has never happened. We need to respect life and this can’t be done with this kind of consultation. True consultation has yet to be seen at Hopi. I remember that Obama told the Crow people that he would be thinking of Indian People every day. I point to him now and call upon him to come to Hopi in true consultation to resolve this matter with the true Hopi elders from our villages.” Stated Bucky Preston.
“This case goes far beyond the interests of a single for-profit private business. Our traditional cultural teachings compel us to continue to fight Snowbowl’s attempts at expansion and snowmaking with treated sewage on this Holy Mountain.” Stated Klee Benally of the Save the Peaks Coalition. “We will continue our work to protect the sensitive mountain ecosystem and public health. Our way of life is in peril. We will continue to pray and struggle to safeguard mother earth for our cultural survival.
Navajo Nation Speaker Lawrence T. Morgan stated, “If we stop here, we are short changing ourselves, we have to stand our ground and continue the fight for the protection of our sacred sites,” he added. “We cannot allow the flood gates to open even further. It is extremely important to seek all means of legal remedies, these decisions will impact future generations, it is imperative that we seek a decision in our favor.”
For more information and background please visit: www.savethepeaks.org
###
Subscribe to:
Posts (Atom)
Posts
