Human Blockade Halts Logging on Karuk Sacred Sites

Klamath Justice Coalition Halts Logging on Karuk Sacred Sites 
by Dan Bacher, Indymedia, North Coast
Wednesday Dec 16th, 2009 11:11 AM

This morning the Klamath Justice Coalition used a human blockade of 15 people to defend Karuk sacred sites from logging activities. The action took place near Orleans, CA within the Six Rivers National Forest and halted work on the Orleans Community Fuels Reduction Plan. “The OCFR is actually the Orleans Culture and Forest Reduction plan,” said Leaf Hillman, a Karuk Ceremonial Leader in Orleans. Below are the press releases from the Klamath Justice Coalition and the Karuk Tribe.
______________

PRESS RELEASE - Klamath Justice Coalition
For Immediate Release: December 16, 2009
For more information: Leaf Hillman, Karuk Indian 530-627-3710

ORLEANS RESIDENTS MOVE TO HALT FOREST SERVICE PLANS TO DESTROY SACRED SITES
Forest Supervisor Tyrone Kelly Breaks Promises and Federal Law

Orleans, CA – This morning the Klamath Justice Coalition used a human blockade to defend Karuk sacred sites from logging activities. The action took place near Orleans, CA within the Six Rivers National Forest and halted work on the Orleans Community Fuels Reduction Plan.

Forest Service contractors were greeted by activists before day break at Orleans Mountain Lookout Road which leads to one of the units in dispute. Crews turned back without involving law enforcement.

“This morning’s small but important victory marks the beginning of our campaign to defend Karuk sacred sites and protect the health of our forests,” said Orleans local Chook- Chook Hillman.

This logging operation was intended to be part of a larger fuels reduction program developed by the US Forest Service with community buy-in. However, in the end the Forest Service betrayed the local community once again.

According to the Final Environmental Impact Statement (FEIS) for the project, the stated Purpose and Need for the Orleans Community Fuel Reduction and Forest Health Project (OCFR) is to manage forest stands to reduce fuels accumulations and improve forest health around the community of Orleans, while enhancing cultural values associated with the Panamnik World Renewal Ceremonial District.

“The OCFR is actually the Orleans Culture and Forest Reduction plan,” said Hillman.

Originally, Forest Supervisor Tryone Kelly engaged with community members on a collaborative process to develop a fuels reduction plan that would protect sacred areas, reduce the risk of catastrophic wildfire, and protect sensitive stands of hardwoods. However, in practice it looks like another timber harvest that disregards the concerns of the community.

“We are shocked that the Forest Service thinks that it can get away with lying to our community. We want fuels reduction, but we will not accept the destruction of Karuk sacred sites or a timber sale disguised as a fuels reduction plan,” added Annelia Hillman.

This is not the first time that Kelly has shown a particular insensitivity to Tribal cultural issues. Last year he oversaw the bull dozing of a Tribal member’s that was on land disputed to be Indian Trust Land. The act not only destroyed a home, but destroyed a nearby archeological site and a contemporary dance ground.

Again during last years’ wildfires, Kelly directed the construction of firebreaks and use of heavy equipment that destroyed sections of “medicine man trails” and high country alters used during annual World Renewal Ceremonies. Representatives from the Karuk Tribe urged Kelley to build the breaks in areas that were less sensitive but the concerns with ignored. “Its like Kelly is hell bent to destroy our sacred areas one step at a time.” Said Hillman.

The Klamath Justice Coalition is not new to direct action as a tactic to force change. The group has staged direct actions in Scotland, Omaha, NE, Portland, OR, and Sacramento, CA, and Salt Lake City, Utah focused on the removal of Klamath Dams.

Who we are:

The Klamath Justice Coalition is an ad hoc group of Klamath Basin Residents from all walks of life. We are Indians, non-natives, mothers, fathers, workers, hippies, youth, and elders. Our goal is to ensure that the cultures and ecosystems of Klamath Communities are protected and enhanced.

# # #

Karuk Tribe
P R E S S R E L E A S E
For Immediate Release: December 16, 2009
For more information:
Craig Tucker, Spokesman, Karuk Tribe, cell 916-207-8294

US FOREST SERVICE LOGGING PROJECT THREATENS SACRED SITES
Forest Supervisor Tyrone Kelley Ignores Local Community, Tribal Leaders, and his own Proposed Plan

Orleans, CA – Six Rivers National Forest Supervisor Tyrone Kelley has directed his crews to begin logging with heavy equipment in areas sacred to the Karuk Tribe in violation of his own proposed fuels reduction plan.

“We participated in good faith in the Forest Service’s collaborative process. Although we were assured that our sacred areas would be protected and our values respected and enhanced, it’s clear now that these were hollow promises. Furthermore, the actions directed by Kelly are in violation of federal law,” said Bill Tripp, Eco-cultural Resources Specialist for the Karuk Tribe.

Over the past three years, the Orleans Ranger District in the Six Rivers National Forest has held a series of stakeholder meetings allegedly designed to work with the Orleans community to develop a fuels reduction plan that both Native and non-native community members could accept. After dozens of meetings and an appeal of Kelley’s original plan, tribal members, as well as non-native local residents, thought that a consensus had been reached. However, when logging began, community members realized immediately that Kelley had reneged on his promises and violated the law by implementing a plan inconsistent with his own Environmental Impact Statement.

At issue is the insufficient analysis related to use of heavy logging equipment in areas deemed sacred by the Karuk Tribe, divergence from measures designed to protect, promote, enhance and restore stands of ecological sensitive hardwoods, failure to protect large diameter trees[c1] , and a failure to make good on a commitment for multi-party monitoring during the fuels reduction operations.

According to the Final Environmental Impact Statement (FEIS) for the project, the stated Purpose and Need for the Orleans Community Fuel Reduction and Forest Health Project (OCFR) is to manage forest stands to reduce fuels accumulations and improve forest health around the community of Orleans, while enhancing cultural values associated with the Panamnik World Renewal Ceremonial District. Current logging operations are inconsistent with the FEIS and therefore violates the National Environmental Policy act. The Forest Service also proceeded without required consultations with the State Historic Preservation Officer (SHPO).

“The actual work on the ground will do the opposite of the stated goals. OCFR in all actuality has begun to compromise the integrity of spiritual values associated with the Panamnik World Renewal District,” said Tripp.

The areas being debated represent 914 acres to be mechanically harvested. The USFS awarded the contract to Timber Products for nearly $1 million dollars.

The Tribe is demanding that the Forest Service halt all logging operations until these issues can be resolved and sacred sites protected.

Leaf Hillman is a Karuk Ceremonial Leader in Orleans who contends that this represents the latest in a series of bad decisions by Kelley that have served to denigrate Karuk Cultural areas. According to Hillman, “Tyrone Kelley has no respect for this community or native cultures. The Tribe and local community members worked hard to develop a fuels reduction plan that meets the needs of both the community and the Forest Service. Kelley’s actions are not only an act of bad faith, they are an act of cultural genocide. We will not sit idly by while he destroys the ecological integrity of these forests and the Karuk Tribe’s sacred areas, we will defend our homeland.”
_________________________________________________________

© 2000–2010 San Francisco Bay Area Independent Media Center

Native Rights News is making this material available in accordance with Indymedia's published policy which states: "Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere."
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Social Justice Ministry.

Save the Sacred Sites Alliance in Dire Financial Straits

Protection of Native American Graves Put at Risk for Lack of $1,800 and $100 per Month


Editor's Note:  A few days ago, I received this message from Dave Kitchen, cofounder and codirector with his wife Sharon, of Save the Sacred Sites Alliance. The core purpose and work of the Kitchens and Save the Sacred Sites Alliance is to protect Native American graves and gravesites from being disturbed or destroyed.   Following Dave's letter is my initial response.  I am including an image and both online and mailing addresses for anyone who may wish to keep this extremely important work going.

Dave Kitchen's Letter

Hi everyone,

Well we gave it our best shot. But since they have raised our taxes and the county has done something that cut Sharon's salary in half, and we tried everything to get the money, but failed, it looks like we may be off the internet and it looks like we are going to lose the farm and may have to return the animals to the local humane society.

I just wanted to say what a pleasure it has been being you guys online friend.

I realize that the Creator/ God that I serve is stronger than I can ever know. But I also know that sometimes the answer to our requests is NO.

So have a good Christmas and pray for us.

Thanks,

Dave

Our Response to Dave (edited to protect the privacy of certain individuals)

Dear Dave and Sharon,

This is a heartbreaking thing to hear. You have been doing such good and important work. How much do you need to stay on the Internet? If you tell me, I will publicize it and try to raise it, but I can’t promise that it will happen. I am facing a similar situation with the work I am doing to publish the Native Rights News and to help the Modoc people reestablish their own government after 136 years of exile and subjugation to the Klamath Tribe: everyone praises it, but they just won’t part with any money to support its continuation. My wife is similar to Sharon in that she works and gives a goodly portion to keeping our website and blog on the Internet. But this year, her employer ended all quarterly bonuses and didn’t give its annual cost of living raise of about 2 percent. So here we are, living in one of the most expensive areas of the country, with less money to pay bills and buy food than before.

Just over a year ago, I was extremely privileged to be one of the very few white men ever allowed to take part in the sacred Lakota Yuwipi Ceremony. Nathan Lee Chasing His Horse, the current carrier of Chief Crazy Horse’s pipe, said to the small group of us gathered in the Inipi (sweat lodge) for purification prior to the Yuwipi Ceremony:

"We do this [the Inipi (sweat lodge) ceremony] because we must learn to endure difficulties in life. When we go through this ceremony, we are reborn, and we acquire wisdom from the Creator. Some of you may make this your way of life. You may decide to dedicate your life to the Creator and to these ceremonies, but if you do, you will be changed by this, and your path will become more difficult. So you must learn to endure the heat and not leave the lodge no matter how difficult it becomes." – Nathan Lee Chasing His Horse, Lakota Holy Man

It is a tragic reality that the Creator’s work is done by only a few, and in almost every circumstance He requires us to struggle mightily. We pray and wonder why the Creator won’t help, but the fact is that if He made things easier for us, we would slack off in our work to manifest His Supreme Will in this world. The Creator knows His Creation, and He makes our path more difficult in order to keep us closer to Him and His Will. I prefer that to the view that God’s motives and actions are always inscrutable, as taught by the Jewish Rabbis, based on this verse in the Torah: “My thoughts are not your thoughts; My ways are not your ways.”

We must not forget that the Creator made everything – not only good, but evil and indifference as well. The Creator is in everything, and especially in each one of us. In some of us, the impulse to do good, to make the world a better place, to seek justice is the dominant force. And we walk the good red road of righteousness, light and life. Regrettably, it seems that in this country especially, more and more people are choosing to follow the black road of darkness and death. And so, every day, our country gets closer to the edge of the abyss.

As I said, please tell me how much you need to stay on the Internet and by what deadline, and I will publicize it and we’ll see what happens. Keep hope alive. Perhaps the Creator will lead us to someone who will listen to to the still, small Voice in his or her heart and do the right thing. After all, it’s not you or me that their donation will help – it’s the indigenous people who benefit from the work we give our lives to doing.

Your steadfast friend and spiritual brother,

Yahoshua Nesher ben Yakov Leib (Reb YaNYaL)
(Two Eagles, Perry Chesnut)
_________________________

To learn more about the extremely important work that the Save Our Sacred Sites Alliance has been doing for more than thirty years, click here:  Save Our Sacred Sites Alliance

Email addresses include: savethesacredsites@gmail.com and savethesacredsites@myspace.com

If you wish to donate to Save the Sacred Sites Alliance, please mail your check or money order to:

Save The Sacred Sites Alliance
C/O Dave & Sharon Kitchen
P.O. Box 324
Townsend, Ga. 31331
__________________________________________________________

Sources: Save the Sacred Sites Alliance and Modoc Land Recovery Project

Native Rights News is making this material available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Social Justice Ministry.

Ninth Circuit Court Blocks Open Pit Gold Mine on Sacred Mount Tenabo

For Immediate Release:
Contacts:
Larson Bill, South Fork Western Shoshone, 775-397-6726, 775-744-2537
John Hadder, Great Basin Resource Watch, 775-722-4056
Julie Cavanaugh-Bill, Western Shoshone Defense Project, 775-397-1371
Roger Flynn, Western Mining Action Project, 303-823-5738


Western Shoshone Prevail at Ninth Circuit Court on Mt. Tenabo – Court Issues Ruling Enjoining Cortez Hills Open Pit Gold Mine

Court Agrees with Western Shoshone and Allies that the Interior Department’s Approval of the Mine Likely Violated Federal Law

December 3, 2009: San Francisco,CA and Crescent Valley, NV – In a major ruling, the federal Ninth Circuit Court of Appeals today issued its ruling enjoining the construction and operation of the Cortez Hills gold mine, proposed by Barrick Gold Corporation. The Ninth Circuit reversed the decision of the U.S. District Court for the District of Nevada, which had denied the motion for preliminary injunction filed by the plaintiffs. The plaintiffs in the case are: the South Fork Band Council of Western Shoshone, the Te-Moak Tribe of Western Shoshone Indians, the Timbisha Shoshone Tribe, the Western Shoshone Defense Project, and Great Basin Resource Watch (the “Plaintiffs”). The Plaintiffs challenged the U.S. Interior Department’s Bureau of Land Management (“BLM”) decision to approve the Cortez Hills Mine in November of 2008.

In overturning the District Court’s decision, the Ninth Circuit ruled that the Plaintiffs were likely to succeed on the merits of their legal arguments that BLM violated federal environmental and public land law in approving the Mine. The Ninth Circuit also found that enjoining the Mine was in the public interest due to the “irreparable environmental harm threatened by this massive project.” Among other issues, the Ninth Circuit ruled that the Plaintiffs were likely to succeed on their claims that BLM violated the National Environmental Policy Act in failing to properly analyze the environmental impacts from the Mine on groundwater, air quality, and other resources. “Suspending a project until that consideration has occurred thus comports with the public interest.”

The Cortez Hills Mine would be one of the largest open pit cyanide heap leach gold mines in the United States. It would be located on the flank of Mount Tenabo – an area well-known for its spiritual and cultural importance to the Western Shoshone. The area is home to local Shoshone creation stories, spirit life, medicinal, food and ceremonial plants and items and continues to be used to this day by Shoshone for spiritual and cultural practices. Over the years, tens of thousands of individuals and organizations from across the United States and around the world have joined with the Shoshone and voiced their opposition to this mine. The proposed mine area has been found by the BLM, in repeated ethnographic studies, as being of extreme spiritual and cultural importance to the Western Shoshone. One report says: “Mt. Tenabo is … considered a traditional locus of power and source of life, and figures in creation stories and world renewal. As the tallest mountain in the area – the most likely to capture snow and generate water to grow piñon and nourish life – it is literally a life-giver. Water is to earth what blood is to the body, and these subterranean waterways are likened to the earth’s arteries and veins.”

The Mine is proposed by Barrick Gold Corporation, the world’s largest gold mining company, headquartered in Toronto, Canada. The Mine would blast and excavate a new massive open pit on Mount Tenabo over 800 acres in size, with a depth of over 2,000 feet. It would include several new waste disposal and processing facilities (including a cyanide heap-leaching facility), consisting of approximately 1,577 million tons of waste rock, 53 million tons of tailings material, and 112 million tons of spent heap leach material. The Mine would include an extensive groundwater pumping system to dewater Mount Tenabo (in order to keep the open pit and mine workings dry during mining) and associated water pipelines that will transport the pumped water away from Mount Tenabo. In total, the mine would permanently destroy approximately 6,800 acres land on and around Mount Tenabo, over 90% of which is classified as federal “public” land. Despite the pending case before the Ninth Circuit appealing the District Court’s denial of the Plaintiff’s motion for preliminary injunction in January, 2009, Barrick decided to begin construction of the Mine. The Ninth Circuit’s ruling today orders the District Court to issue an injunction against the Mine.

“We are pleased with the Ninth Circuit’s ruling,” said Larson Bill, Tribal Council Member of the South Fork Band Council and Te-Moak Tribe. “This is a result of Western Shoshone people remaining committed to protecting our land and environment. It is unfortunate that the company decided to push this forward without addressing all concerns, especially those of the Shoshone people. Barrick operates world wide and is well-versed on these issues – they knew that an injunction was a possibility – especially where there has been continuous opposition and litigation.” continued Larson Bill.

Carrie Dann, a world renowned Western Shoshone grandmother, and recipient of the Right Livelihood Award (known as the “alternative Nobel Peace Prize”) has been among those to lead the fight to protect Mount Tenabo from mining for over 15 years. “Mount Tenabo should be left alone – no further disturbance. This mine will drain the water from Mount Tenabo. They will be sucking the water out of the mountain forever. The destruction of the water is like the destruction of the blood of the earth; you are destroying life of the earth and the people and wildlife that depend on it. Dewatering is taking the life of future generations. Water is sacred, all life depends on it,” says Carrie Dann.

“None of us are opposed to mining, if it is done responsibly, however this project is as irresponsible as it gets. The BLM has a legal responsibility to protect the air, water, and ecological values of the area as well as the religious freedom of Western Shoshone, and to fully analyze the impacts of a proposed project. The Ninth Circuit correctly found that BLM failed in its legal responsibilities,” said John Hadder, Executive Director of Great Basin Resource Watch.

The Plaintiffs are being represented in court by Roger Flynn of the non-profit legal firm, the Western Mining Action Project, based on Colorado, which specializes in mining, public land, and environmental law.

For more information on the Cortez Hills Project, Mount Tenabo, and the legal challenge go to http://www.gbrw.org/ and http://www.wsdp.org/. The Ninth Circuit Decision can be downloaded at: http://www.gbrw.org/images/stories/publications/tenabo/Ninth_Circuit_injunction_ruling_12-3-09.pdf
__________________________________________________________

Source: Western Shoshone Defense Project

Native Rights News is making this material available as the result of a general press release received from the source cited above.

____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Social Justice Ministry.

Havasupai Announce Gathering to Protest Resumption of Uranium Mining at Grand Canyon Sacred Site

Havasupai Conference: Oppose uranium mining in Grand Canyon


Havasupai Conference July 25 -- 26, 2009: Govinda at Earthcycles,
www.earthcycles.net, and Brenda Norrell of Censored news, will team up
again to broadcast live from this gathering of the Havasupai to oppose
uranium mining in the Grand Canyon. We hope to see you there, or you
can listen live around the world on the Internet. We'll be updating
the issues from the Longest Walk as well, on the issues of protecting
Mother Earth and international Indigenous human rights. Radio stations
can use the audios for broadcasts, in any country in the world.
----------------------------------------------------------
Conference news release contacts:
Matthew Putesoy, Vice Chairman, Havasupai Tribe, (928) 448-2731
mattputesoy@yahoo.com

Grand Canyon Threatened by Uranium Mining

Havasupai Tribe Announces Protest Gathering to Rally Support

The gathering will be held on July 25-26,

South of the Grand Canyon at the Sacred Red Butte

Supai, AZ – Today, the Havasupai Tribe announced a protest gathering
at their sacred site Red Butte, which is threatened by uranium mining
located near the south rim of the Grand Canyon. The public is invited
to attend and add their voices in support of saying, "no to uranium
mining."

"On behalf of the Havasupai Tribe, I urge everyone to join us at the
foot of this sacred Red Butte to unify our voices and call on the
Federal Government to work with the Havasupai Tribe to protect these
sacred lands from any further uranium mining," stated Don E.
Watahomigie, Havasupai Tribal Chairman. "We are proud to host this
historic gathering as our ancestors have done for generations at Red
Butte."

A Canadian company, Denison Mines is threatening to reopen the Canyon
Mine, which is just miles from the sacred Red Butte, as a full mining
operation. The Havasupai Tribe and others have been actively opposing
Denison Mines seeking Groundwater Aquifer Permits from the ADEQ
(Arizona Dept. of Environmental Quality) to operate Canyon Mine and
extract uranium.

The Havasupai Tribe, who have inhabited the Grand Canyon region for
many centuries, fear that contamination from uranium mining could harm
the animals, air, water, and people. The Havasupai religion is also
being directly affected by the uranium mines. Long time Havasupai
leader Rex Tilousi says, "We believe Red Butte is the lungs of our
Grandmother Canyon." Canyon Mine is located right next to the
Havasupai's most sacred site, Red Butte."

The Havasupai Tribe, in alliance with Sierra Club, Center for
Biological Diversity, and Grand Canyon Trust are opposing any uranium
mines on or around the rim of the Grand Canyon. This gathering will be
held twenty miles south of the Grand Canyon National Park on July 25 -
26, 2009. Members of the public will be invited to join the Havasupai
on Saturday for a free public concert at 6:00 pm and for a public
forum on uranium mining and protecting sacred lands on Sunday, July
26th. The media is welcomed to attend at any time during the events on
Saturday and Sunday and a news conference will be held Friday, July
24th, at 4pm at the conclusion of the private Havasupai prayer
ceremony. Directions to the gathering as well as a detailed agenda for
the event can be found at http://www.arizona.sierraclub.org

--
Brenda Norrell, Censored News
http://www.bsnorrell.blogspot.com
Censored Blog Talk Radio
http://www.blogtalkradio.com/Brenda-Norrell
Earthcycles Longest Walk Radio:
http://www.earthcycles.net


__________________________________________________________

IndigenousThinkers@yahoogroups.com

Native Rights News is making this material available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Navajo Nation Calls on Obama to Intervene in Commercial Development that Will Desecrate the Sacred San Francisco Peaks

[Editor's Note: Having lost an en banc (full panel) decision in the 9th Circuit Court of Appeals and filed a petition for certiorari (review) with the U.S. Supreme Court, which has issued rulings in the past that have curtailed the religious rights of Indian tribes in favor of commercial interests, the Navajo Nation, Hopi Tribe, Havasupai Tribe, White Mountain Apache Tribe, Yavapai-Apache Nation and the Hualapai Tribe are now very close to exhausting their judicial remedies. Recognizing this, the Navajo Nation Council, meeting at Window Rock, Navajo Nation (Arizona) on April 22, 2009, passed a resolution calling on President Obama to honor the commitments he made to the Indian Peoples of this nation during his presidential campaign.

They remind him not only of the commitments he made to give Native Americans a voice in Washington D.C. and to honor the government to government relationship that exists between the U.S. and tribal governments and the treaties that have been drawn between them, but also of the United States' obligations under International treaties and conventions concerning the fundamental human right to the practice of one's religious beliefs. This right is about to be extinguished for the thirteen southwestern who hold Dook' o' oosliid (San Francisco Peaks) to be sacred ground.

The resolution calls on Obama to direct administration officials to meet with representatives of the Navajo Nation and other Indian nations and tribes to find a mutually agreeable way to protect Native American sacred sites from desecration and destruction. Alternatively, it asks Obama to "aggressively champion" congressional legislation to protect Native American sacred sites.

A copy of the resolution can be found in .pdf format at: http://www.indigenousaction.org/wp-content/uploads/2009/04/CAP-16-09.pdf Our thanks to IndigenousAction.org for making the resolution available to the public on their website. -- Perry H. Chesnut, Editor NRN]


Tribes look to Obama for protection of sacred peaks

Gallup Independent
By Kathy Helms
Diné Bureau

WINDOW ROCK — The Navajo Nation Council has given its approval for the Nation’s attorneys and leaders to meet with the Obama administration in hopes of working out a settlement to protect the sacred San Francisco Peaks from desecration.

The Nation is seeking an expedited meeting prior to May 8, when the U.S. Solicitor General’s response brief is due to the U.S. Supreme Court.

In “Navajo Nation v. United States Forest Service,” the Nation and three other tribes challenged the Forest Service’s approval of an expansion of the Arizona Snowbowl ski resort on the San Francisco Peaks near Flagstaff under the Religious Freedom Restoration Act.

The expansion included using reclaimed sewer water to make artificial snow, which in the view of Indian religious practitioners, desecrates the mountain.

In 2008, the 9th Circuit, in an en banc decision, held that the Forest Service’s approval did not violate the tribes religious freedom because the proposal does not place a substantial burden on their exercise of religion by forcing them to act contrary to their religion under the threat of a legal penalty or choose between their religion and the receipt of a government benefit.

Delegate Leonard Tsosie said it is feared that the Supreme Court will take the Religious Freedom Restoration Act in the wrong way, “because they’re somewhat not sentimental to Indian cases.” The high court previously has withdrawn or denied First Amendment rights to tribes when it comes to federal land-management decisions.

The San Francisco Peaks, or Dook’o’oosliid, the sacred mountain to the west, is one of four mountains held holy by the Navajo people and 12 other Arizona tribes. Mount Taylor, or Tsoodzil, the sacred mountain to the south, is threatened by uranium mining.

The Navajo Nation, the Hopi Tribe, Yavapai-Apache Nation, the Havasupai, White Mountain Apache, Hualapai and others filed suit in federal court to stop what is viewed as a “government-sponsored desecration of a well-documented sacred and holy site.”

The Religious Freedom Restoration Act represents the last chance for the Navajo Nation and tribes across the country to protect their sovereignty, practice their religions, and to survive as a people, according to the emergency legislation sponsored by Tsosie and passed, 60-2, last week by Council. Edward Jim and Lawrence Platero voted against the measure.

The Nation has turned to President Barack Obama, who during his election campaign committed to honoring the government-to-government relationship between tribes and the federal government, ensuring that treaty obligations are met and that tribes will have a voice in Washington.

“What this does is it allows our lawyers and also our leaders to sit down with the Obama Administration and look at the possibility of settling the San Francisco Peaks (case) in favor of the Navajo Nation because the lawsuit is ‘Navajo Nation v. U.S. Forest Service,’ and the U.S. Forest Service is being represented by the U.S. government lawyers which the U.S. government has control over,” Tsosie said.

Delegate Ervin Keeswood told Council there also is a need to indicate that there are instruments of international law to which the Nation could resort.

“I believe that it’s time to start quoting and also remind the United States’ government of these actions internationally.

At some point in time ... we may have to go to the international community for resolution of some of these matters if they’re not heard as we wish in the United States government,” he said.

Delegate Rex Lee Jim, the Nation’s “international representative” at the United Nations, received approval for an amendment to the legislation.

The amendment cites religious rights contained in the American Declaration of the Rights and Duties of Man supported by the Organization of American States, of which the United States is a member. It also refers to religious rights contained in the American Convention on Human Rights, signed by the United States in 1977.

In September 2007, the United Nations adopted the Declaration on the Rights of Indigenous Peoples, by which the international community has made the effort to strengthen partnership with states, indigenous people and civil society as a whole.

The declaration recognized that “indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.”

The United States is one of four states that voted against the declaration.

“Without such commitment by the United States to protect the rights of its indigenous peoples, sadly the protection of holy and sacred sites such as Dook’o’oosliid will continue to yield to commercial interests,” the amendment states.

The Navajo Nation is formally requesting that Obama, on behalf of the United States and its indigenous peoples, sign the declaration without delay and stand firm with its commitment to protect and preserve holy and sacred sites of indigenous people within the United States.
__________________________________________________________
Article: Copyright © 2009 Gallup Independent
Photo courtesy of Arizona Emporium

Native Rights News is making this material available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Lawsuit Planned to Halt Macon County Airport's Desecration of Cherokee Graves

All airport documents requested in lead up to runway lawsuit

Smoky Mountain News
Week of 4-08-09
By Josh Mitchell • Staff Writer

An environmental group out of Asheville plans to sue the Macon County Airport Authority and other parties involved in the proposed extension of the runway.

The group, Wild South, wants to stop the runway from being extended, saying the project is unnecessary, will harm the rural character of the Iotla Valley and endanger Cherokee artifacts and burial grounds, as well as other historic sites.

Lamar Marshall of Wild South said a 60-day notice to sue the Airport Authority will soon be filed. Afterwards, Wild South will seek an injunction to stop the project from moving forward, Wild South attorney Stephen Novak said.

Novak said he is unclear at the moment who will be named in the lawsuit.

The organization has also filed a federal Freedom of Information Act request and state public records request to obtain documents related to the proposed runway extension. The records request seeks documents from the Advisory Council on Historic Preservation in Washington, the Federal Aviation Administration, the N.C. Department of Transportation Division of Aviation, the state archaeologist, and the Macon County Airport Authority.

Novak said he hopes the public records will give Wild South a better idea of who should be named in the lawsuit.

The Airport Authority will comply with the records requests, said the board’s attorney Joe Collins.

“If it’s something they’re entitled to see, we’ll certainly give it to them,” Collins said.

Reviewing all the documents associated with the runway extension will give Wild South an understanding of “who said what to whom” in regards to the runway extension, Novak said.

Marshall with Wild South said the Airport Authority is “trying to brush us off,” but it won’t work.

“We’re taking them to court,” said Marshall. “We’re going to sue them.”

The hope is that “damning” information will be found through the public records requests, said Marshall.

The Airport Authority has “definitely not followed the letter of the law,” said Marshall.

Marshall asserts that the Airport Authority and other parties violated the National Historic Preservation Act by ignoring the archaeological significance of the airport site.

Marshall also charges that the Endangered Species Act and the National Environmental Policy Act were violated.

He claims that endangered species in Iotla Creek and the Little Tennessee River will be endangered by runoff from the airport.

An environmental assessment found that the runway extension would have “no significant impact” on the site. But Marshall said the environmental assessment was done without consulting the U.S. Fish and Wildlife Service and based on out of date information.

Marshall said taxpayer money should be withdrawn from the proposed $3.5 million runway extension. The nation is facing an economic crisis, and there are better things to spend money on than extending an airport runway, said Marshall.

“Why dump money into this when it is only going to benefit rich people in Highlands?” Marshall asked.

Moreover, extending the airport runway is just laying the groundwork for more development to take place in the tranquil valley, said Marshall.
__________________________________________________________
Source: Smoky Mountain News

Native Rights News is making this material from the Smoky Mountain News available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Opposition to Desecration of Cherokee Graves in Iotla Valley Mounts

Macon airport lands more money for artifact surveys

Smoky Mountain News
Week of 4-08-09
By Josh Mitchell • Staff Writer

Opposition to the airport runway extension in Macon County continues to mount, with a standing-room-only crowd attending last week’s Airport Authority meeting and an environmental group threatening to sue and stop the project.

The controversial runway project would pave over Cherokee burial grounds and artifacts. The Airport Authority has agreed to have 25 percent of the artifacts at the site excavated, but the remaining will stay in place and be threatened by the construction.

There are approximately 400 burials at the site, according to an archaeological assessment done on the site in 2000. All of the burials will remain in place at the request of the Eastern Band of Cherokee Indians.

The Airport Authority has been very sensitive to the Eastern Band’s concerns about artifacts and burials at the site, Airport Authority Chairman Milles Gregory said. Excavating 25 percent of the artifacts at the site will cost $535,000.

Gregory said 100 percent excavation cannot be done because it would cost around $2 million, which is more than the Airport Authority can afford. However, Gregory announced at the meeting that the Airport Authority is now attempting to secure additional funding to do “stripping and mapping” of the entire site. He said the Eastern Band is very pleased with this.

Federal Aviation Administration Spokeswoman Kathleen Bergen confirmed that the FAA will provide additional funding for the stripping and mapping, but she didn’t know how much.

Archaeologist Mike Trinkley of South Carolina, who performed the archaeological assessment in 2000, said stripping and mapping does not remove the artifacts and burials from harm’s way. It simply involves taking off the top layer of soil and documenting what is there.

“Simply mapping the site does little in resolving the loss of information,” said Trinkley. “There will be a map showing where stuff was found, but by the time construction begins the stuff will be destroyed.”

Several project opponents at the meeting asked the Airport Authority how it could justify paving over gravesites.

The artifacts are not the only reason opponents are against the runway extension. Some just want to preserve the rural character and peaceful nature of the Iotla Valley.Many at last week’s meeting were nearby residents of the Iotla Valley and wore buttons urging that the valley be saved.

Dolly Reed of Franklin said she has Cherokee lineage and urged the Airport Authority to “let my people rest in peace.”

Resident Olga Pader said those who live in the valley have been excluded from meetings. Airport Authority member Tommy Jenkins said every Airport Authority meeting has been publicly announced. But Pader noted that there was a private meeting a couple of weeks ago with state, local, federal and Eastern Band officials discussing the project.

County Commissioner Bobby Kuppers, who serves as the Airport Authority liaison, said that was not an official Airport Authority meeting, but was a special conference called by the Eastern Band. Kuppers said the public cannot continue to be suspicious of the county government.

“If this sort of suspicion grows we’re in trouble as a county,” said Kuppers.

A distrust of county officials will destroy the county, said Kuppers, adding that the county commissioners are more open now than they’ve ever been.

The runway extension appears to be getting personal for some, as tempers were flying at the meeting.

Lamar Marshall, with the environmental group Wild South of Asheville, said one of the Airport Authority members called him “crazy as hell” at a recent County commission meeting. Airport Authority member Harold Corbin admitted he was the one who called Marshall “crazy as hell.”

In response to the insult, Marshall wore his Crazy Horse T-shirt to the Airport Authority meeting last week. He said his group is planning a lawsuit against the Authority and others involved in the project.

Corbin became impatient with Franklin resident Selma Sparks, who was trying to speak: “Sit down, because you’re through,” Corbin told Sparks.

However, not all those in attendance at the meeting last week were against the runway extension. Macon County resident Dwight Vinson said extending the runway 500 feet is good for the county’s economic development.

Franklin resident Norm Roberts agreed that the runway extension is needed for the county to thrive.

“This airport is essential to the economy of the area,” said Roberts.

Others also stated that the runway extension could help bring jobs to the area, but those in favor were heavily outnumbered by those against.

Airport Authority Chairman Milles Gregory said he agreed with some of the statements made by the public and disagreed with others.

Gregory then stated, as he has numerous times in public forums since the controversy erupted about a month ago, that the runway extension has been planned for eight years and that the public has been aware of the project for that long but is just now beginning to express concern.

Want to be on the board?

The five-member Macon County Airport Authority is appointed by the county commissioners for six-year terms.

Terms for members Tommy Jenkins and Harold Corbin are set to expire June 30 of this year, while terms for members Gary Schmitt and Pete Haithcock don’t expire until 2011. Chairman Milles Gregory’s term doesn’t expire until 2013.

The board meets the last Tuesday of the month at 4 p.m. at the Macon County Airport.
__________________________________________________________

Source: Smoky Mountain News

Native Rights News is making this material from the Smoky Mountain News available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Call to Action: Demand OAS Support a Strong American Declaration on the Rights of Indigenous Peoples

Demand a Strong American Declaration on the Rights of Indigenous Peoples

Indigenous rights to life, land, equality, natural resources, self-determination, and religious freedom are under attack. A strong American Declaration on the Rights of Indigenous Peoples will help prevent human rights violations in the Americas.

• Gross violations of human rights are occurring against Indian and other indigenous peoples in North, South and Central America.
• Developers deprive Indians in the United States of their right to religious freedom by desecrating sacred places such as Bear Butte and the San Francisco Peaks.
• One in three Indian women in the United States will be raped in their lifetimes. This epidemic of violence violates Native women’s rights to life, security of the person, and equal treatment.
• The United States continues to try to take Western Shoshone HOMELANDS for military testing, gold mining and nuclear waste disposal in violation of Western Shoshone property rights.
• More than 1,244 indigenous people have been assassinated in Colombia in the past five years.
• Maya Q’eqchi’ people suffer death threats, the burning of their homes, and forced removal for defending their land rights from mining interests in El Estor, Guatemala.
• Canada continues to ignore Innu land rights, resulting in the forced relocation of Innu families and the loss of their traditional hunting grounds and homelands.
• More than 3,000 illegal miners threaten the survival of the Yanomami people in Brazil by invading their lands, contaminating their rivers, introducing fatal infectious diseases, and murdering their people.
  
  This persecution is not unique to particular countries. It is part of an alarming trend of human rights violations against indigenous peoples in North, Central, and South America. Indigenous rights to life, land, equality, natural resources, self-determination, and religious freedom are under attack. The Organization of American States, a regional body made up of the 35 countries of the Americas, is currently negotiating an American Declaration on the Rights of Indigenous Peoples. Countries of the Americas must commit to the recognition and implementation of indigenous rights by adopting the American Declaration on the Rights of Indigenous Peoples.
  

ACT NOW FOR A STRONG AMERICAN DECLARATION by sending letters to OAS member countries urging them to support a strong American Declaration on the Rights of Indigenous Peoples. [click here to send letter]

Following is a copy of the letter you will be sending to the government of every nation that is a member of the Organization of American States (OAS). (You will also have to opportunity to include any personal comments or statements.)

"Dear Ambassador,

I am seriously concerned about the widespread violation of indigenous peoples' human rights in the Americas and the need for a strong American Declaration on the Rights of Indigenous Peoples. I strongly urge your country to commit to the adoption of a strong American Declaration on the Rights of Indigenous Peoples by actively engaging in negotiations immediately.

A strong American Declaration is crucial to recognize indigenous human rights, including the right of self-determination, treaty rights, cultural and religious rights, rights to lands and resources, and more. Further, a strong American Declaration will address the particular regional issues in the Americas that are not dealt with in the United Nations Declaration on the Rights of Indigenous Peoples, such as gender equality, violence against Native women, and indigenous peoples under internal armed conflict.

More importantly, we need a strong American Declaration on the Rights of Indigenous Peoples to prevent the grave treaty and human rights violations that Indian and Alaska Native nations currently face in the United States and throughout the Americas. In the United States, the government is allowed to confiscate certain Indian lands in violation of the Constitution, one in three Native women is raped in her life time, and developers deprive Native peoples of their right to religious freedom by desecrating sacred places such as Bear Butte, South Dakota.

The situation is even more appalling in Central and South America. Extractive industries threaten the survival of many indigenous nations, including the Yanomami in Brazil and the Maya Q'eqchi' in Guatemala, and indigenous peoples are being assassinated in Colombia. A strong American Declaration will help to secure Indian rights and prevent further human rights abuses. The OAS and OAS member countries must commit to the adoption of a strong American Declaration.

It is more important than ever to have a strong American Declaration which enjoys widespread support. In 2007, 143 countries affirmed their commitment to indigenous rights through their historic adoption of the UN Declaration on the Rights of Indigenous Peoples. Only four countries voted against the Declaration. Three of those four -- the United States, Canada, and Colombia -- belong to our region, which has some of the largest indigenous populations in the world. All countries of the Americas must take their obligations to respect and promote indigenous rights seriously.

Thank you in advance for your country's commitment to the negotiation and adoption of a strong American Declaration.

Sincerely,

[Your Name, Organization, Address, Phone & Fax]"

___________________________

The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. We provide legal assistance to Indian and Alaska Native nations who are working to protect their lands, resources, human rights, environment and cultural heritage. Our principal goal is the preservation and well-being of Indian and other Native nations and tribes.

___________________________

__________________________________________________________
This article has been adapted from Indigenous Notes
the newsletter of the Indian Law Resource Center

Native Rights News is making this material available with the express permission of the Indian Law Resource Center . This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Action Alert: Small NC Airport Plans to Desecrate 400 Cherokee Graves with Runway Extension

Editor's Commentary

Macon County Airport Authority, North Carolina is preparing to extend its airport in the Iolta Valley 600 feet into a well-documented ancient Cherokee Town Site. According to archaeologists this will not only destroy an irreplaceable cultural and scientific resource; it will also dig up, disturb, destroy or bulldoze and pave over the graves of an estimated 400 Cherokee ancestors.

Under North Carolina law, any Native American remains recovered must be given to state scientists, who can retain them for up to four years for study and "analysis." The decision as to ultimate disposal of the remains is left to the state bureaucracy instead of the Eastern Band of Cherokee.

Interestingly, any non-native remains that are unearthed are to be returned to their next of kin, whose right of determining how they should be disposed of is inviolate. In our opinion, this law violates the 14th Amendment's guarantee of Equal Protection under the Law because it provides disparate treatment on the basis of race and ethnicity. Additionally, because the project will receive partial federal funding it falls under the provisions of the Native American Graves Protection and Repatriation Act, which affords affected Native American tribes a say in such projects. A good attorney should be able to stop this shameful action.

The proposed airport extension is rightly viewed as an act of desecration by the Cherokee People, just as it would be by any other people, were it their ancestors.

With respect to projects such as this airport extension, North Carolina law requires that the developer and a state agency must come up with what is essentially a mitigation plan in "consultation" with the affected Native American tribe - in this case, the Eastern Band of Cherokee. After 8 years of such talks the Cherokee have steadfastly opposed the project and refused to "approve" the planned development. Although the law makes such approval mandatory, the plan is moving forward anyway. This once again proves the adage that in the United States "Money Trumps All."

In the following action alert, Sharon Kitchen, who is Cherokee and founder of Save the Sacred Sites Alliance calls upon all persons with a conscience to call a long list of bureaucrats and express their outrage and opposition to the project. - Perry Chesnut, Editor NRN

_______________________

Save The Sacred Sites Alliance

by Sharon L. Kitchen (Founder, STSSA)
Press Release: March 8, 2009



Urgent: For Immediate Release


Stop the Desecration of Cherokee Graves

What: This site was once a large Cherokee Town: pre-Cherokee Culture around 2 A.D. with over 1,500 postholes of ancient structures/200 food pits/over 400 graves.

Where: Adjacent to the Macon County Airport/in the Iotla Valley (per the 1760 Cherokee Town map) Franklin, N.C.

Why: Macon County Airport Authority wants to extend another 600’ of runway for the "affluent", part time homeowners.

Contact the Following with your Opposition

Macon County Airport Authority

Chair: Mike Gregory *(he feels it will be good for buisness), Macon County Courthouse, 5 W. Main St. Franklin, N.C. 28734 Phone:828-524-5529

Physical address : 1241 Airport Rd Neil Hoppe (manager) Franklin, N.C. 28734-1513 Phone:828-524-5529

Attorney: Joe Collins, P.O. Box 727 Sylvia, NC 28799, Phone: 828-586-1771(he is all for the "affluent" getting their way, and has stated, "This will be a real asset and an economic stimulus").


Rep. P. Phillip Haire NC House of Representatives, Legislative Office Building, 300 N. Salisbury Street,,Room 639 Raleigh, NC 27603-5925

Macon County Board of Commissioners: Chairman- Ronnie Beale, 177 Sloan Rd. Franklin, NC 28734, Phone:828.369.5044 (o) 828.524.4168 (h)


C0-Chairman – Dr. Jim Davis 37 Georgia Rd. Franklin, NC 28734 Phone:828.369.2054


Board Member Brian McClellan (Donald B) 18 Mount Lori Highlands, NC 28741 Phone:828.787.2131/828.342.0379

Board Member Bobby Kuppers 1652 Rose Creek Rd. Franklin, NC 28734 Phone:828.524.1954 (he also sits on the Board of the Airport Authority - conflict of interest?)

Board Member Robert L (Bob) Simpson P.O. Box 716 Franklin, NC 28744 Phone:828.369.1578/828.524.3525

**Deed for this property located in deed book S-25 Pages 1582-1585 (no NC excise Tax paid and was a simple title and a Warranty Deed, dated April 23,2002 **

Those opposed:

Michell Hicks, principal chief of the Eastern Band of Cherokee

Michael Trinkley, Ph.D., Archaeologist for the Chicora Foundation, P.O. Box 8664 Columbia, SC 29202 Phone:803.787.6910, trinkley@chicora.org, http://www.chicora.org/

As he said in a Citizen-Times article: "It’s an abomination, it’s vulgar, it’s obscene and it is disrespectful." In the Feb. 12, 2009 article, he said, "this is a very major, very large, late Cherokee site of exceptional importance, the likes of which we will not see again in our lifetimes."

There are many more people in and around NC as well as the rest of the world that do not want this site touched.

Save the Sacred Sites is opposed to the proposed action by the airport authority and the Macon County Commissioners. This entire area should be saved and not touched. Enough is Enough. Graves are sacred. No matter who’s they are. Anyone that is willing to join and fight to save this area please: write/fax/call/email, all those involved. Let all your friends/neighbors and contacts have this information. Time is all important.

Sharon L. Kitchen, founder
Save the Sacred Sites

_______________________

Following is Sharon's letter to Joseph Barkevich of the NC Department of Administration, which has jurisdiction over the proposed airport expansion.

To: Joseph Barkevich 3-5-09
c/o N.C Department of Administration Phone: 828.786.4261
1301 Mail Service Center
Raleigh, N.C. 27699-1301

From: Sharon L. Kitchen Phone:912.424.1260
P. O. Box 324
Townsend, Ga. 31331

Re: Sch#09E00000216 Type: NEPA, Applicant: Macon County Airport Authority
Desc: Airport project Region: A, County: Macon

I, Sharon L. Kitchen, on behalf of my organization, Save The Sacred Sites, herby state that we do not want any disturbance of the site referenced above. Our group has over 5,000 members world – wide. They have been informed of this project on our website.

There are many reasons:

(1st) : This is a pre- Cherokee site, with a date around 2 A.D. per Dr. Michael Trinkley’s archaeologist report, which I have.

(2nd): Over 400 graves would be desecrated. I and my husband are of Cherokee descent.

(3rd) : There has been no Environmental Impact Study done, as of this date.

(4th): Those not familiar with the burial practices of Native peoples do not know the ceremonies with each and every burial.

(5th): In this country the practice of embalming did not start until very late. Since this site goes back in time to around 2 A.D., all the way up through the arrival of foreign countries, (Spain, England, France, and others), there have been diseases that have been brought , that have killed thousands upon thousands of the indigenous population. All of this was before the arrival of the pilgrims. Then you have the army spreading smallpox through blankets to wipe the rest out. Against all these odds, we have survived.

Can any developer, 100%, guarantee the safety of any person going onto this site, against all diseases? I ask this because in North Gwinnett County of Ga., a site that also contained a mass grave of children, on the National Historic Registry, in the middle of a 2,000 acre area of burials was disturbed by a single bulldozer. The bulldozer operator died on the bulldozer with it still running. (He did not have a heart attack or anything else wrong they could detect. A 35-year old officer that just drove by the area to make sure the "scene" was still secure and the area not disturbed, fell ill the next day and 8 days later died in Emory. Hundreds of people fell ill. Most were either young children, older people or those with medical conditions. A lot or people in this category died. All this, just right before the Olympics in Ga. All of the suffering could have been avoided, if that one person had not opened the burial.

(6th) Does all the Cherokee heritage have to be wiped off the face of the Earth? I certainly hope not.

(7th) Do people respect the final resting place of those departed? I hope so. It used to be only the Native graves that were robbed, pillaged, destroyed, then the African- American, and last but not least, now the White graves.

Are the developers so greedy for money that they are blinded to any morals? This sure seems to be the case. There is only one problem with this; they too are going to pass on one day, and most people still prefer to be buried. Who will protect their final resting place??????

(8th) The airport authority is getting its money from a Federal grant, so the Eastern Band of Cherokee, Western Band of Cherokee and the Keetowah Band of Cherokee MUST under Section 106 be contacted and their wishes HAVE to be followed.

Please consider the above, before making any hasty decisions. After the graves are destroyed they can not be brought back. That history, my heritage, will be lost forever.

Thank you,
Sharon L. Kitchen

-- Action Alert Update --

By Dave Kitchen

March 8, 2009, 1:20 p.m. PT --

Time to act is running out. Letters to the EPA are needed before March 17th when comments will no longer be accepted. They must be sent to:

Joseph Barkovitch c/o N.C. Dept. of Administration, 1301 Mail Service Center, Raleigh, N.C. 27699-1301 Reference: Sch#09E00000216 type:NEPA
Applicant: Macon County Airport Authority
Desc: Airport Project Region:A
County: Macon

Just state how you feel about them building on burials and the site of origin of the Cherokee people.

Phone calls to the Macon County Commissioners will also be good also.This meeting is this coming Monday, March 9th, 2009 at 6pm.So it's important to act now!

Please pass this on!!!!!

Save The Sacred Sites Burial Site Alert- Very Important!!!!!!!!!!

My friends and family:
This is the site where the Cherokee people began. Many are buried here from ancient times. Please call, fax, etc... to let those in charge know that this is totally unacceptable.

__________________________________________________________


Source: Save the Sacred Sites Alliance

Native Rights News is publishing this presss release with the express permission of the author and publisher. This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

San Francisco Seminar Slated on Indigenous Struggle to Defend Sacred Places

TRAINING: Indigenous Peoples’ Struggles to Defend Sacred Places, Saturday March 7, 2009, San Francisco State University

IITC E-News
January 2009

"Our Grandfathers and Grandmothers are still holding a bundle to pray for the water to return, and to bring back a good rain and a good snow for the Land, for the people who remain on the Land, for their grandchildren and the animals."-- Kee Watchman, Dineh Nation

Indigenous Peoples’ Struggles to Defend Sacred Places: Symposium and Human Rights Training
Saturday, March 7, 2009
San Francisco State University, Richard Oakes Memorial Room

PRESENTERS: Carrie Dann & Julie Cavanaugh-Bill, Western Shoshone Defense Project; Manny Pino, Save the Peaks Coalition; Andrea Carmen & Alberto Saldamando, IITC; Radley Davis & Mark Lebeau, Advocates for the Protection of Sacred Sites;

MODERATOR: Morning Star Gali, IITC

9:00 AM: Traditional opening and welcome
9:30 – 12:30 PM: Using United Nations human rights bodies and the Declaration on the Rights of Indigenous Peoples to defend our Rights
12:30 – 2:00 PM: LUNCH BREAK
2:00 – 6:00 PM: Current struggles to protect our Sacred Places: Mt. Tenabo (Western Shoshone), Medicine Lake (Northern California) , San Francisco Peaks & Black Mesa (Arizona), Shell Mounds (Bay Area) & others
6:00 – 7:30 PM: DINNER BREAK (dinner provided for participants)
7:30 – 9:30 PM: Evening Program: Honoring our Cultural Warriors and Panel Presentation featuring special guests: Carrie Dann and Manny Pino

FOR MORE INFORMATION: MORNINGSTAR GALI, IITC SAN FRANCISCO OFFICE: (415) 641-4482
__________________________________________________________

IITC E-News 2009

Native Rights News is making this material from the International Indian Treaty Council available in accordance with the implied consent of the publisher and the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

Federal Court Hearing Underway on Shoshone Request to Stop Mine Expansion on Mt. Tenabo

For Further Information Contact:
Julie Cavanaugh-Bill, Western Shoshone Defense Project (775) 397-6726
Dan Randolph, Great Basin Resource Watch, (775) 348-1986

Barack In, Barrick Out!

On Inauguration Day, U.S. Court to Hear Shoshone Request to Stop Mine Expansion at Spiritual Mountain

For Immediate Release

January 19, 2009 Reno, NV. At 9:00 a.m. tomorrow morning (PST), the Federal District Court in Reno, Nevada will begin a two day injunction hearing to protect the world-recognized Shoshone spiritual area, Mt. Tenabo from what would be one of the U.S.' largest open pit cyanide heap leach gold mines. Just two months ago, the U.S. Bureau of Land Management approved the construction of the mine, wholly owned and operated by Canadian multinational mining giant Barrick Gold Corporation. Western Shoshone communities, the Western Shoshone Defense Project and Great Basin Resource Watch filed suit immediately and a partial temporary restraining order was put in place in early December. Mt. Tenabo is home to local Shoshone creation stories, spirit life, medicinal, food and ceremonial rocks and plants and continues to be used to this day by Shoshone for spiritual ceremonies and cultural practices. Over the years, tens of thousands of individuals and organizations from across the United States and around the world have joined with the Shoshone and voiced their opposition to this mine –in fact, the mine is being referred to as the "most opposed mine in the world".

Barrick, the world's largest gold mining company, headquartered in Toronto, Canada, plans to construct and operate the mine, known as the Cortez Hills Expansion Project. The Project area is located entirely within the territory of the Western Shoshone Nation, recognized in the 1863 Treaty of Ruby Valley. The Mine would blast and excavate a new massive open pit on Mount Tenabo over 900 acres in size, with a depth of over 2,000 feet. It would include several new waste disposal and processing facilities (including a cyanide heap-leaching facility), consisting of approximately 1,577 million tons of waste rock, 53 million tons of tailings material, and 112 million tons of spent heap leach material. The Mine would include an extensive groundwater pumping system to dewater Mount Tenabo (in order to keep the open pit and mine workings dry during mining) and associated water pipelines that will transport the pumped water away from Mount Tenabo. In total, the mine would permanently destroy approximately 6,800 acres land on and around Mount Tenabo, over 90% of which is classified as federal "public" land.

"Martin Luther King had a dream, Shoshone people have a nightmare. Barack is being inaugurated, Shoshone are being intimidated. Shoshone religion lives not in a building, but in a clean environment.." Says Larson Bill, Vice-Chairman of the South Fork Western Shoshone. "Mt. Tenabo is a specific area of spiritual significance for thousands of years hopefully our new President will support a change in favor of protection. Barack In. Barrick Out." "There are dozens of active gold mines on Western Shoshone lands already, there is no need for this one, which is clearly immoral and irresponsible. The public should be aware that Nevada is not a waste land, but is the home of ranchers, sportsmen, fishermen and homesteaders that have enjoyed the lands alongside the Shoshone people for generations. We have been clear in our opposition to this mine and while Barrick trys to cloud the real issues with gifts and money, we continue to oppose this project – they have not bought our people, the traditions nor the lands of the Shoshone." he adds.

The proposed mine area has been found by the BLM, in repeated ethnographic studies, as being of extreme spiritual and cultural importance to the Western Shoshone. One report says: "Mt. Tenabo is one of a system of three mountains in the (Western Shoshone) homeland, … it is also considered a traditional locus of power and source of life, and figures in creation stories and world renewal. As the tallest mountain in the area – the most likely to capture snow and generate water to grow pinyon and nourish life – it is literally a life-giver. Water is to earth what blood is to the body, and these subterranean waterways are likened to the earth's arteries and veins."

Just before Thanksgiving, a group of Shoshone grandmothers came together and held a Day of Resistance at the mountain. "The whole area is a temple". Stated one of the grandmothers, Mary McCloud. The grandmothers' will be coming together again at 8 a.m. each morning before the Federal Court House in Reno. Religious leaders from different faith backgrounds will be joining the Shoshone in the public demonstrations. The address is the Bruce D. Thompson Federal Building, 400 S. Virginia St., Reno, Nevada.

While the hearings are held in Reno, back at the mountain, some of the Shoshone men have built an arbor where they will be holding a 24 hour encampment and watch throughout the court hearing.

The plaintiffs are being represented in court by Roger Flynn and Jeffrey Parsons of the non-profit legal firm, the Western Mining Action Project, which specializes in mining law.

For more information on the Western Shoshone land rights issues, Cortez Hills Project, Mount Tenabo, and the legal challenge go to www.gbrw.org.

WHAT YOU CAN DO AS WE AWAIT THE COURT'S DECISION: We need supporters and media at both of the following locations:
1. Attend the Public Demonstration to Protect Native Spiritual Areas and Human Rights in front of the Courthouse on S. Virginia Street beginning at 8 am on both Jan. 20th and 21st.
2. Attend the Mt. Tenabo encampment and Arbor Vigil which began Thursday Jan. 15th and is lasting through the following week of hearings at the gathering area on the Southeast flank facing Grass Valley, Nevada. (Contact wsdp@igc.org for directions and supplies needed) (Beowawe/Crescent Valley exit of I-80, then south through Crescent Valley, turn left before Pipeline mine – head towards Grass Valley through Cortez Canyon, after leaving canyon look for large green army tent about a mile after exiting the canyon). Please remember NO Drugs, Alcohol or Firearms and – Respect the Mutual Court Order to refrain from disturbing the mine employees as they refrain also from disturbing us – stay away from operations at a minimum of 200 yards. The Court hearing on Tuesday and Wednesday is important and we must respect the mutual temporary restraining order. Report in to Mike Miller upon arrival.

--
Posted By Alliance for Indigenous Rights to Native Rights News at 1/20/2009 12:14:00 PM

Western Shoshone Call for Peaceful Demonstrations Outside of Federal Court in Reno

Great Basin Research Watch
85 Keystone Ave., Suite K
Reno, NV 89503
775-348-1986
www.gbrw.org




For Immediate Release January 16, 2009

Contact: Julie Cavanaugh-Bill (775-397-6726), wsdp@igc.org
Dan Randolph (775-348-1986), dan@gbrw.org

Hearing to Stop Further Mining at Tenabo
Demonstration and News Conference to Protect Native Religions

Where: Gordon R. Thompson Federal Bldg. (S. Virginia and Liberty)
When: Tuesday, January 20, 8:00 AM

On this day of the inauguration of a new president with hope for the future we are reminded that the founding fathers of the United States dedicated into our constitution freedom to practice religion as ones tradition required.

Just two months ago, the U.S. Bureau of Land Management approved the construction of a massive open pit cyanide heap leach gold mine on the face of well-known spiritual area, Mt. Tenabo. Western Shoshone communities, the Western Shoshone Defense Project and Great Basin Resource Watch are seeking an injunction to stop further destruction of Mt. Tenabo by Barrick Gold Corporation. The Federal Court in Reno has scheduled a hearing on Jan. 20th and 21st.

The peaceful and respectful demonstration will open with native drumming, song, and prayer. Western Shoshone elders will speak, and supporting local religious leaders will follow. Just before 9:00 AM the demonstration will close and all supporters will be invited to attend as much of the injunctive hearing as they can in support of religious freedom. There will also be a similar demonstration at the same time on January 21.

"Denabo (correct pronunciation) has special significance for Western Shoshone, it means the writing on the rocks walls of the mountain (White Cliffs) put there by our Creator. We go to pray to our Creator to give us strength to keep us going. How can we pray to our creator when the place is being blown up?" - Joyce McDade, Western Shoshone Grandmother.

"When God makes a covenant to provide for human beings, the covenant always includes the land. Our well-being as a species is conditioned upon our capacity to love and care for the land. Native American communities and their spiritual practices have enlightened our way to this love and care."– John Auer, Reverend First United Methodist Church, Reno NV.

Barrick Gold Corporation is the world's largest gold company and operates mainly on Indigenous lands for the extraction of gold. This company has refused to accept its social responsibility to protect Indigenous peoples' land, sacred areas, water, and air pollution.

This destruction of Indigenous spiritual areas must stop now.

--
Posted By Alliance for Indigenous Rights to Native Rights News at 1/19/2009 08:24:00 AM