Protect Sacred Sites

Update on Bear Butte: Hearing Meade County Commissioners 12-2

2009-12-02T21:28:00.001-07:00

December 2, 2009

Update on Bear Butte: Hearing Meade County Commissioners 12-2 @ 3pm
Written by: Tamra Brennan
Founder/Director Protect Sacred Sites

There is no greater atrocity than the continual violation of our religious freedom and inherent right to partake in sacred ceremonies without being spiritually violated, or suffering from the destruction and blatant disregard of our sacred lands.

These Sacred lands are the bloodline and life way of our people and our traditions.

Whereas traditional American Indian ceremonies have been intruded upon, interfered with, and in a few instances banned;…………… "Joint Resolution American Indian Religious Freedom", approved August 11, 1978 (42 U.S.C. 1996),

As predicated, the Meade County Commissioners approved all the liquor licenses for the venues surrounding Bear Butte including, Broken Spoke Campground, Glencoe, Buffalo Chip, Full Throttle and Monkey Rock. Commissioner Doreen Creed voted against renewing both Glencoe and Broken Spoke Campground, the other four Commissioners voted to approve all.

Full Throttle originally was on the agenda, proposing to transfer their license to a new location they purchased, however late yesterday afternoon for unknown reasons, they pulled the transfer request. It is not known at this time if they will pursue this in the future or not. They were attempting to relocate a mile directly west of the Mountain, which would be next to Lower Brule Sioux Tribe’s property on the west side.

We had a very good turnout of supporters, and very heartfelt and emotional testimonies. There was a group of Native students from OLC in Rapid that attended. Would like to thank everyone again for taking the time to attend and oppose these licenses.

Whereas the freedom of religion for all people is an inherent right, fundamental to the democratic structure of the United States and is guaranteed by the First Amendment of the United States Constitution;……… "Joint Resolution American Indian Religious Freedom", approved August 11, 1978 (42 U.S.C. 1996),

The struggle to protect the serenity of Bear Butte from continual encroachment has ultimately developed into a religious freedom vs property rights issue.

There are two distinct stipulations that would disqualify a location or person from applying for an alcohol or liquor license in Meade County. These include, “not a suitable location” and/or “lack of character.”

In June 2008 at the Meade County Commissioners meeting, I questioned the Commission regarding the clarification on the “location” classification, and how they determined this qualification.

Commissioner Mallow responded that if the location was near a church or school, the application would potentially be denied.

My response was these locations are near a church, Bear Butte has been considered a church by Native people for thousands of years. Our church is the mountain and mother earth. It is where we go to pray and to seek guidance from the Creator. Our church is not in a building on a street corner, it is the mountain. It is a church, just as much as yours.

Commissioner Mallow’s only response was, “I will not debate religion with you, Bear Butte or this location does not qualify within the County guidelines of a church.” End of discussion. They refused to continue the conversation or provide a reasonable explanation for this ludicrous, insulting and racist statement.

Again at today’s hearing on December 2nd, 2009, I requested from the Commissioners an explanation for their qualifications in which they would deny licenses based upon “location,” in addition to defining their classification for a location being within the boundaries of a church or school. EVERY one of them stared at me blankly and DID NOT RESPOND. I repeated myself and asked if I was going to get a response. Commissioner Aker stated he would respond to my question at the end of all the testimonies. The others never replied at all. At the end of the testimonies, my question was still NOT ANSWERED. For two years now, I have repeatedly asked this question at every hearing, requesting the basis of the “location’ stipulation. Either there really is no definition, or they just don’t know it, or don’t care. It is one of two stipulations for denial of a license, however they have no explanation on definitions, doesn’t this seem strange?

I will be pursuing this further with the Commissioners and States Attorney, filing a complaint as a local resident and voter. If they are going to continue to have these two stipulations, they need to clarify them.

The other strange incident today was from Broken Spoke Campgrounds attorney. There is still a judgment against Jay Allen for $200k, from an unpaid contractor from 2006. When the Commissioners confronted the attorney about the judgment, he danced around answering questions, on Allen’s involvement with the business and if he still had a vested interest or not. The attorney couldn’t directly answer the question. Their own attorney doesn’t know Allen’s involvement? Everyone knows this entire charade since 2007 was simply a paper shuffle of LLC’s. However, their license was approved anyway.

When will it ever end? When will we finally begin to get support and justice in Indian Country? When will policies and laws finally be enforced, ensuring the protection of religious freedom for all the Indigenous people of this country?

U.S. Government Ignores Public Health Dangers of Sewer Water Snowmaking

2009-09-21T18:10:00.001-06:00

FOR IMMEDIATE RELEASE

Monday, September 21, 2009
CONTACT

media@savethepeaks.org

Rudy Preston -- (928) 466-4274

Howard Shanker -- (928) 699-3637

U.S. Government Ignores Public Health Dangers of Sewer Water Snowmaking

Concerned Citizens File New Lawsuit to Force Government to Study and Disclose Effects of Ingesting Snow Made from Treated Sewage Effluent

Flagstaff, AZ -- A group of concerned citizens will not let the potential health risks of using treated sewage effluent to make snow at the Snowbowl ski area on the San Francisco Peaks outside of Flagstaff get swept under the rug on a technicality. Although Snowbowl is a private, for-profit entity, the ski area operates on federal land under a special use permit. As a result, the federal government must approve Snowbowl’s plan to use 100% reclaimed sewer water to make snow—something that is not done anywhere else in the world. The City of Flagstaff agreed to sell Snowbowl the treated sewage effluent and off they went, or so they thought. The San Francisco Peaks are well documented as sacred and holy to, at least, thirteen of the tribes in the Southwestern United States, all of whom viewed the decision as a direct threat to their religious and cultural survival. Litigation on cultural and religious issues surrounding the project was appealed all the way to the U.S. Supreme Court, which recently declined to consider the case. The Supreme Court’s refusal to hear the case left a decision of an enbanc panel of the Ninth Circuit Court of Appeals in place which, as is often the case, went against the tribes. The use of reclaimed sewer water to make snow, however, was not only repulsive to people who hold the San Francisco Peaks sacred, it raised concerns from skiers and the community over the safety of being immersed in, and even eating, snow made from non-potable treated sewage effluent.

Today, the Save the Peaks Coalition and nine citizens filed suit in the U.S. District Court for the District of Arizona against the U.S. Forest Service. The suit alleges, among other things, that the Final Environmental Impact Statement prepared by the U.S. Forest Service ignores the possibility of human ingestion of snow made from treated sewage effluent. Under the National Environmental Policy Act, the Forest Service is obligated to consider these types of potential impacts on the quality of the human environment. In fact, a three judge panel of the Ninth Circuit previously found that the Forest Service failed to adequately consider the possibility of human ingestion of snow made from treated sewage effluent. The holding of the three judge panel was, however, overturned on a technicality by an enbanc panel of the Ninth Circuit, that reconsidered the prior panel's ruling.

According to Howard Shanker, attorney for the Save the Peaks Coalition and the other plaintiffs, “The Forest Service failed to adequately consider the impacts of potential human ingestion of snow made from reclaimed sewer water as required by applicable law. Our government should not be approving such projects without some sort of understanding of the anticipated impacts. By approving treated sewage effluent for snow making without adequate analysis, the government essentially turns the ski area into a test facility with our children as the laboratory rats. That is unconscionable.” Mr. Shanker, a former congressional candidate in Arizona Congressional District 1, represented a number of tribes and environmental organizations in prior litigation over Snowbowl’s use of treated sewage effluent.

According to Arizona Department of Environmental Quality regulations, treated sewer water can be graded A+ even when it contains fecal matter in three out of every ten samples. This same effluent has been found to contain pharmaceuticals, hormones, endocrine disruptors, industrial pollutants, and narcotics. It may also contain bio-accumulating antibiotics, such as triclosan and triclocarban, and pathogens, such as e. coli, hepatitis, and norovirus. The human and environmental health risks, which have been largely ignored by the media, have their roots as far back as 2001 in the scoping comments made to the Forest Service about Arizona Snowbowl's proposed expansion and upgrade. Plaintiffs involved in this lawsuit have consistently insisted that the Forest Service take a hard look at what might happen to the people, land, plants, and wildlife when they come in contact with or eat snow made from treated sewage effluent.

For a full background, legal documents, photos, and further information on the Save the Peaks Coalition please visit www.savethepeaks.org

Contact

media@savethepeaks.org
Rudy Preston -- (928) 466-4274
Howard Shanker -- (928) 699-3637
Available for interviews by appointment from 9 a.m. -- 12 p.m. today
The Shanker Law Firm -- Flagstaff Office -- 201 East Birch Street

# # #

Redd, daughter admit to looting, selling ancient Indian artifacts

2009-07-06T21:30:00.001-06:00

Redd, daughter admit to looting, selling ancient Indian artifacts
Crime » Assistant U.S. attorney says office would recommend Jeanne and Jericca Redd not serve maximum sentence.
By Patty Henetz

The Salt Lake Tribune

Two prominent Blanding residents pleaded guilty in federal court Monday to illegal trafficking in American Indian artifacts, the first of what could be many more plea deals resulting from a 2½-year investigation into grave robbing and relic thefts in the Four Corners region.

Jeanne Redd, 59, and daughter Jericca Redd, 37, were hustled out a side door of U.S. District Court in Salt Lake City by a federal prosecutor into a waiting car after they admitted to multiple felonies for excavating, possessing and selling prehistoric seed jars, pottery and jewelry.

Under questioning from U.S. District Judge Clark Waddoups, Jeanne Redd pleaded guilty to seven felonies: two counts of violating the Archaeological Resources Protection Act, two counts of theft of government property and three counts of theft of American Indian tribal property. Each carries potential fines of $250,000 and up to 10 years in prison.

Clinging to the lectern, Redd sometimes wavered or answered hoarsely to Waddoups' questions about her crimes and understanding of the penalties she could face. She quibbled with the judge's statement that a bird pendant she took from Black Mesa near Kayenta, on the Navajo reservation, was worth more than $1,000.

"I didn't pay for it," Redd said, adding she didn't believe it was worth $1,000. Redd also questioned why she faced two charges for digging up the same four sandals on U.S. Forest Service land.

Redd admitted taking a mug from a prehistoric Indian ruin at Owl Creek and a turquoise pendant from Butler Wash (both on Bureau of Land Management property); a hafted ax and a gourd necklace from the Navajo reservation; and the sandals from Forest Service land.

As part of her plea, Redd agreed to give up all of the artifacts.

When the judge left the courtroom, Redd continued to stand alone at the lectern. After a few minutes, one of her attorneys led her away.

Before her mother faced the judge, Jericca Redd, charged Friday as part of the pleading, admitted to three felonies for digging up a seed jar, a vase and a pottery vessel April 8, 2008, on the Navajo reservation.

Both women will be sentenced Sept. 16. Assistant U.S. Attorney Carlie Christensen said her office would recommend the Redds not serve the maximum.

Utah Division of Indian Affairs Director Forrest Cuch said he hopes the guilty pleas help prevent future lootings.

"This is an opportunity for them [Jericca and Jeanne Redd] to be accountable for their actions," Cuch said. "It's the right action to take. I hope that they can learn from this, and it will send a message to all other prospective looters that this is a very serious offense."

Federal authorities may have appeared heavy-handed in their arrests, Cuch said, but "that's the way they conduct business, and apparently there's a reason for it: Some people are violent."

While San Juan County residents seek respect from federal authorities, Cuch said, they also should respect those whose artifacts are displaced.

"American Indians are human beings, too," he said. "They want respect."

Christensen declined to say what led investigators to charge Jericca Redd, only that evidence turned up during the June 10 raid on her parents' Blanding home, where she also lived.

Jeanne Redd's husband, physician James Redd, also was indicted June 10 -- on one felony count of theft of tribal property. He committed suicide the next day. Another of the 24 defendants netted in the sweep, Steven Shrader, of Santa Fe, N.M., shot himself to death a week later.

The defendants -- from Utah, Colorado and New Mexico -- were charged under 12 grand-jury indictments. Most are from southeastern Utah's San Juan County.

The charges came after an undercover operative known only as the "Source" bought and sold more than 250 ancient Puebloan artifacts. The Source -- who law-enforcement officials told The Salt Lake Tribune came to them voluntarily -- was wired with an audiovisual recorder during his transactions.

According to court papers filed in Colorado, the Source, an artifacts dealer with "unique access to the trading and sale of archaeological resources both legal and suspected to be illegal," made about 130 "consensual" telephonic and in-person recordings.

The information the Source gathered, court papers say, has been corroborated by video and audio recordings and through surveillance and real-time monitoring by FBI and BLM special agents.

The documents say the Source was paid $224,000 from Dec. 1, 2006, to June 9, 2009, for his services. His criminal history, the documents say, consists of a 2005 DUI arrest, which resulted in a reckless-driving plea. In November 2008, he mistakenly used money the FBI provided him to lease a car for personal expenses instead. The Source admitted his mistake and made arrangements to pay the leasing company.

The raid and its aftermath
Jeanne Redd, who pleaded guilty to seven felonies Monday, was among 24 defendants indicted in a June 10 crackdown on illegal trafficking of American Indian artifacts from the Four Corners region.

Her husband, James Redd, who also was charged, committed suicide the next day. Another defendant, Steven Shrader, of Santa Fe, N.M., took his own life a week later.

The Redds' daughter, Jericca Redd, was not indicted in the original sweep. She admitted to three felonies Monday.

http://www.sltrib.com/ci_12762067?source=most_viewed

NAGPRA » A decade after 19th-century grave discovery, Kanosh band receives remains in the first successful repatriation under Utah law

2009-07-06T21:26:00.000-06:00

Child's remains finally repatriated to tribe
NAGPRA » A decade after 19th-century grave discovery, Kanosh band receives remains in the first successful repatriation under Utah law.
By Brian Maffly

The Salt Lake Tribune

Updated: 07/06/2009 09:05:21 PM MDT

A man hunting rabbits in Millard County a decade ago came across several small navy blue glass beads that led him to a baby's grave. The hunter gathered some bones and skull fragments eroding out of a sand dune and handed them to police in nearby Fillmore.

The 1999 find triggered an inquiry by state antiquities officials who used the beads, which turned out to be made in Italy, to date the grave to the late 19th century and put to rest a complicated repatriation.

In late May, the child's remains were returned to the Kanosh band of the Southern Paiute, the first successful repatriation under a 17-year-old Utah law designed to ensure that American Indian remains are handled with dignity.

"It went unchallenged, so it lays the groundwork for future repatriations," said Forrest Cuch, director of the Utah Division of Indian Affairs, of this particular case.

Ancient burial sites dot Utah, inhabited by Indians for centuries before the 1847 arrival of Mormon pioneers. For decades, early anthropologists disinterred American Indian remains and deposited them in museums in the eastern United States. The practice may have been conducted in the name of science, but many regarded it as grave desecration.

A 1991 federal law, the Native American Graves Protection and Repatriation Act (NAGPRA), and a 1992 Utah version, established procedures for handling bones and related burial artifacts on federal and state lands, identifying their tribal affiliation and repatriation, if possible. Under the federal law, remains have been repatriated many times, most recently when the Southern Paiute's Kaibab band accepted 19th century remains excavated by federal lawmen at Grand Staircase-Escalante National Monument in April 2008.

The handling of those remains -- treated as evidence in a crime, rather than a historic burial -- drew fire from the monument's own archaeologist and state officials. Officials from the Federal Bureau of Investigation and Bureau of Land Management declined to reveal why the site was treated as a crime scene, citing an ongoing investigation.

But the vast majority of Indian remains come from private land, according to assistant state archaeologist Ronald Rood. And until the law was expanded in 2007, the state's NAGPRA law didn't apply to those finds, which accumulated at the Utah Division of State History and in police evidence lockers.

Repatriating remains is complex and expensive, requiring archaeological work and scientific analysis. In some cases cultural affiliation can't be determined because the remains are too deteriorated or their context has been destroyed. And tribes often are not interested in repatriation, Cuch said. In those cases, the remains are placed in a vault in Emigration Canyon. Some 60 individual remains, some as old as 7,000 years, are interred there now.

In recent years, dozens of American Indian remains have been handed over to the state, many of them from home building and landscaping projects on private land and thus subject to the amended law, Rood said.

The Millard County find, which occurred on private land, was the first repatriation under state law. Rood led a team of scientists to check out the site in 2000. Their hope was to leave the remains in place, in accordance with the preferences of Utah's five tribes.

"Unfortunately, with the ongoing erosion of the sand dune where the burial was located and the continued use of the area by cattle, we concluded the burial would continue to erode and be ultimately destroyed," Rood wrote in his 2007 report.

The team carefully excavated the grave and found the articulated skeleton of a child, later determined to be about 1 year of age at death, along with a shallow bowl and cup, both made of tin, some buttons and 52 glass beads, according to the report. A disintegrating mat or cradle board made of willow branches lay under the skeleton.

The child's age made it impossible to pinpoint his or her gender or even ancestry, but the context strongly suggested the baby was American Indian, according to Rood's report. The best clue for dating the remains turned out to be the glass beads that initially caught the hunter's eye. The nearly identical navy-blue beads, which had likely been strung in a necklace worn by the baby at burial, were quarter-inch lengths cut from a tube drawn from a globe of molten glass.

An analysis by archaeological sleuths determined the beads were produced in Venice, Italy, between 1851 and 1869.

The Southern Paiute submitted a claim on behalf of the Kanosh band because it is headquartered only 16 miles to the south of the grave site, said Dorena Martineau, the tribe's cultural resources director. The state honored the claim and Rood delivered the remains and artifacts to the band on May 24.

"They were really happy to get the baby back," said Martineau, who serves on the state's Native American Remains Committee. "It's sad to think these remains are shoved in a box and put in the basement."

Tribal spiritual leaders led an all-night ceremony in late May while interring the child's remains in the Kanosh cemetery, Martineau said.

bmaffly@sltrib.com

http://www.sltrib.com/news/ci_12765326

Dig revealing 700-year-old village

2009-06-20T20:36:00.000-06:00

Dig revealing 700-year-old village
Associated Press
7:35 AM CDT, June 20, 2009

LEWISTOWN, Ill. - The remains of a 700-year-old American Indian village are slowly beginning to emerge from the ground near Dickson Mounds. The ongoing archaeological dig is revealing tools, pottery and even the living quarters, and the public is invited to see the artifacts firsthand. Students from Michigan State University are spending six weeks digging at The Nature Conservancy, located on land at the north end of the conservancy's Emiquon Preserve about two miles northeast of the Dickson Mounds Museum. Their efforts have turned up shards of pottery, arrowheads and the foundations of houses and other structures that date back to about 1300. The public was invited to the site for an open house on Saturday to view the findings. Information from: Journal Star, http://pjstar.com/

http://www.chicagotribune.com/news/chi-ap-il-ancientvillage,0,7307983.story

Another artifact-theft defendant found dead of apparent suicide

2009-06-19T17:08:00.000-06:00

Another artifact-theft defendant found dead of apparent suicide

Raid fallout » Santa Fe resident apparently shot himself in chest in Illinois, coroner says.
By Patty Henetz
Salt Lake Tribune
Updated:06/19/2009 04:13:31 PM MDT

A second defendant in the federal bust of archaeological looters in southern Utah has killed himself.

Steven L. Shrader, 56, shot himself twice in the chest late Thursday or early Friday behind an elementary schoool in the Village of Shabbona, Ill., authorities there said.

The DeKalb County sheriff's office had been looking for a "despondent individual" since receiving a call just before 11 p.m., said sheriff's office Chief Deputy Kevin Hickey.

Deputies launched a search with tracker dogs and found Shrader about 1 a.m. Flown by helicopter to a hospital in Rockford, Ill., he was pronounced dead at 2:18 a.m. Friday.

Shrader, a Santa Fe, N.M. resident, was among 24 people indicted in a 2 1/2-year investigation of looting and grave-robbing Indian artifacts on public and tribal land in southeastern Utah.

On June 10, federal agents simultaneously served warrants and arrested 19 residents of San Juan County and Moab in the bust. Shrader was one of four others also charged in the sweep.

The next day, Blanding doctor James Redd, who also was charged in the crackdown on illegal antiquity trafficking, took his life while sitting in his vehicle by a pond on his property. He died of carbon monoxide poisoning.

Winnebago County, Ill., Coroner Sue Fiduccia said Shrader was in Illinois to visit his mother. Fiduccia also said Shrader had left a note.

Hickey said the contents of the note would not be disclosed.

Reached at her home in Shabbona, Shrader's mother, Iola Schrader, said she "couldn't talk" and that she was alone.

Shrader voluntarily turned himself in last Friday at the FBI offices in Santa Fe and was taken into custody on a federal warrant, said FBI Special Agent in Charge Timothy Fuhrman of the Salt Lake City office.

Shrader was released from custody after his initial appearance in federal court in Albuquerque, N.M., on Monday. Federal agents took him back to Santa Fe that day. His residence was not the subject of any of the search warrants executed by the FBI and BLM. He was scheduled to make an initial appearance in Salt Lake City on Friday morning, Fuhrman said.

U.S. Attorney for Utah Brett Tolman said that during the operation, an undercover operative paid about $336,000 for more than 250 artifacts from the Four Corners area, including sacred prayer sticks, baby blankets, seed jars and other objects included in ancient Puebloan burial mounds.

Shrader, who faced two felony counts, was indicted for trafficking in stolen artifacts along with Carl Crites, 74, Marie Crites, 68, and Richard Bourret, 59, all of Durango, Colo.

An affidavit filed in U.S. District Court in Denver implicates Shrader in a 2008 "arrowhead hunt" in Disappointment Valley near Dove Creek, Colo. The affidavit says an undercover operative, identified only as the "Source," was in the Crites residence in March 2008, where Crites displayed arrowheads he said came from Disappointment Valley, a huge area ringed by prehistoric ruins.

During a subsequent conversation between the Source, Shrader said he had gone to the valley with Crites. It was unclear from court papers whether he was on public land.

Reached at his home in Durango, Crites said he was unsure of Shrader's involvement in the federal case. "I don't know why he was charged even," Crites said. "I don't think he did anything wrong."

Crites lamented the loss. "That's a shock to me, because he was a friend," Crites said. "He was a good young man. A single man. A hard-working man. Very personable."

Crites declined to further discuss his relationship with Shrader.

Brandon Loomis contributed to this article.

http://www.sltrib.com/news/ci_12643036

Bear Butte ~ Commission grants Glencoe liquor applications

2009-06-18T18:46:00.000-06:00

Commission grants Glencoe liquor applications

License transfer passes on narrow margin
By Jason Gross, Meade County Times-Tribune staff | Thursday, June 18, 2009

STURGIS -- Meade County commissioners narrowly approved ownership transfer of beer and liquor licenses for a popular Sturgis motorcycle rally site Wednesday afternoon.

Approval of the liquor license gives Glencoe Entertainment LLC the authority to sell on Sundays. That license was transferred from Glencoe CampResort and Rock'N the Rally, a campground and amphitheater east of Sturgis.

Commissioners voted 3-2 to support the motions. Dayle Hammock, Robert Mallow and Gary Cammack favored the transfer. Alan Aker and Doreen Allison-Creed cast dissenting votes.

Aker said he opposed the licenses because some of the land encompassed in the use area is classified as agricultural. He cited the conflicts of commercial use in a designated agriculture setting at an earlier meeting.

"I had some people support the position I gave last time," Aker added. "Nobody tried to change my mind."

Aker earlier this month also expressed concern that the alcohol licenses covered 492 acres. He said he reconsidered and decided that approved applicants should be able to determine their business operations and that an entire property should be considered licensed as a bar.

Cammack said that the business already exists, and it does the same thing every year. He said that made the process straightforward for him.

"We were considering a transfer of a license," Cammack said, explaining his vote. "The considerations are character and location."

County personnel conducted background checks and did not report anything that merited blocking the new applicants from taking over the operation, he said.

Michelle Lamphere manages Glencoe's bar operation and said the food stand, pavilion and nearby patio will serve as on-site sale points. She said that an internal security and management plan will be implemented, and customer identifications will be checked.

In a separate application, the commission granted the retail on-off sale malt beverage application for Daly LLC & Hide Away Lounge near Sturgis.

Action on the license was tabled earlier this month because the business had not paid county property taxes. Auditor Lisa Schieffer said the taxes were paid June 8.

http://www.rapidcityjournal.com/articles/2009/06/18/news/local/doc4a39ce42aa044398015452.txt?show_comments=true#commentdiv

Action Needed: To Protect the San Francisco Peaks and Indigenous way of life

2009-06-15T18:46:00.000-06:00

For more info please contact Shawn Mulford at shawn@obtpd.org

June 15, 2009

Everyone that honors the Earth,

Thank-you for your previous support to protect the San Francisco Peaks from contamination with treated sewage effluent (reclaimed wastewater). Your action along with thousands of others was felt by the US Forest Service. We would like to ask the indigenous people, environmentalist, skiers, snowboarders and all those that would like to pass on this beautiful mountain to our next generation without being contaminated or destroyed to take the time to send the following letter to President Obama and his administration. Time is of the essence so please submit the letter as soon as you get it. We also ask that you forward this message to everyone on your contact list. Thank you for your continued support on this effort to protect this sacred mountain.

Click on the following link: www.whitehouse.gov/CONTACT/
Fill in your information in the required fields
Subject field select “Other”
Copy and paste the letter below in the Message field
Then Submit
_________________________________________________

Letter to the President for Protection of Indigenous Sacred and Holy Areas

In your recent campaign and acceptance speeches, you have committed to protect the rights of Indigenous peoples of this land. You have committed to addressing the sad history of persecution and oppression of Indigenous peoples and to protect and uphold their sovereign status, their holy and sacred areas, and their spiritual way of life.

In the area of protecting the Earth, you have recently made bold decisions on the issue of our Earth’s daunting challenges of global climate change (e.g., 80% CO2 reduction by 2050). Indigenous peoples have been witnessing and experiencing the impacts of climate change for decades and have persistently called for more aggressive actions. We are concerned that only certain aspects of this massive problem we are all facing – the desecration of the Earth, its resources and subsequently its people—are being addressed. We know that all of Earth’s resources, inhabitants and sacred landscapes are interconnected and cannot be dealt with piece by piece.

Your desire for the United States to lead the world’s effort to find workable technologies to offset the challenges and impacts of climate change is encouraging. To be true to this message that seeks to honor the Earth and those that honor the Earth, we ask that you overturn policies of the last Administration that would allow the destruction of Dook’o’oosliid (San Francisco Peaks), an indigenous holy and sacred mountain located in what is now northern Arizona. At present, a private company, supported by the previous Administration supports the clearing, grading and use of 1.5 million gallons of treated sewage effluent per day on federal land for recreational purposes. The treated sewage effluent would be used to make snow for recreation on this sacred mountain. Such behavior is intolerable to the indigenous way of life and the natural environment. We can not allow another beautiful natural resource to be destroyed for the next generation.

Thus, to honor and fulfill your commitment to Indigenous peoples of this land, we urge you to:

Do not let the destruction of Dook’o’oosliid continue. We urge you to have the U.S. Attorney General through the Office of Solicitor General to file a brief on behalf of the United States supporting the Indigenous Nations and individual Citizens’ efforts to protect Dook’o’oosliid (San Francisco Peaks) and the Indigenous way of life. Taking the lead and standing with the Indigenous Peoples will result in a cleaner and healthier environment while promoting sustainability. We need you to take bold action and demonstrate your commitment to move from a sad history to a promising future not only for the environment but also the Indigenous Peoples.

Immediately stop all activities that would desecrate and destroy Dook’o’oosliid (San Francisco Peaks) and other holy and sacred areas. Work to amend the special use permit issued by the USDA Forest Service to include measures that protect and strengthen support of traditional, cultural, and ceremonial rites and practices of the Indigenous way of life and the natural environment. The Dook’o’oosliid mountain and its forest have recently been stressed by pine bark beetles widely known to be caused by climate change. Unnecessary activities that further stress this critical and important environment must be stopped.

Meet with Tribal Leaders and Indigenous Spiritual Leaders at the White House to facilitate a fair resolution relating to the governments action on federal lands that will adversely affect access to, ceremonial use of, and physical integrity of Dook’o’oosliid and other sacred and holy places. This White House meeting would fulfill your commitment to having annual meetings with Indigenous peoples. Stopping the desecration of sacred places such as Dook’o’oosliid would go a long way to building trust and strengthening this relationship.

Place individuals in leadership roles at the federal level who are committed to addressing the challenges brought on by global climate change. This global battle against climate change and protection of the environment, including preserving natural snow, must be placed above the U.S. Forest Service’s multi-use policy and the federal government’s interest in profitability of any privately-owned company’s commercial interest on federal lands, especially when these actions are detrimental to the Earth and our future.

Respectfully,

Q & A: Artifact theft bust

2009-06-11T21:12:00.001-06:00

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

Artifact theft suspect found dead near Blanding

2009-06-11T21:10:00.000-06:00

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

A breakdown of the artifact theft charges

2009-06-11T21:08:00.001-06:00

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

Airport Authority turns back on community’s questions

2009-06-11T20:14:00.000-06:00

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

Federal Agents Bust Ring of Antiquity Thieves Looting American Indian Sites for Priceless Treasures

2009-06-11T07:55:00.000-06:00

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

Supreme Court Affirms Tribes Have No Religious Rights,

2009-06-09T00:04:00.000-06:00

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

###

Commission delays action on Glencoe Camp Resort liquor license transfer

2009-06-04T18:57:00.001-06:00

Commission delays action on Glencoe Camp Resort liquor license transfer

By Jason Gross, Meade County Times Tribune staff | Thursday, June 04, 2009

STURGIS – Meade County commissioners granted one license transfer request and tabled a second during the annual application hearing Tuesday.

Commissioners granted a retail on-sale liquor license transfer from Hagg Brothers LLC Sawtooth Campground to Monkey Rock USA LLC. Monkey Rock is classified as commercial property and covers 19 acres inside the Thunderdome.

Glencoe Camp Resort and Rock’N the Rally applied for transfer of a retail on-sale liquor license with Sunday sales to Glencoe Entertainment LLC. That was tabled until June 17, along with an on-off malt beverage application.

Several speakers opposed the Glencoe request. Meade County resident Tamra Brennan said the facility’s proximity to Bear Butte is a definite issue. She added that noise, pyrotechnics and traffic at Glencoe caused absolute chaos at the butte last year.

“It has been considered sacred and a church for thousands of years,” Brennan said of the butte. Most of the other opposition centered on Glencoe’s proximity to the mountain.

Andrew Iron Shell said he’s certain intoxicated people aren’t running outside other people’s churches and littering the ground. “I’m sure if it was like that, you’d be offended,” he added. “You wouldn’t want your children to see those things.” He favors a five-mile buffer zone.

Commissioners Alan Aker and Doreen Allison-Creed voiced concern about the 492 acres the license would cover. They said they don’t appreciate that some of the property is ag-classified.

Aker explained the county incurs many expenses from alcohol consequences. “The only way we have of paying those expenses is our property tax payments,” he said. Aker added it’s reasonable to expect licenses to occur on commercial land.

Allison-Creed added places like Full Throttle Saloon and portions of Buffalo Chip Campground are on non-ag property. She considers that unfair and said some malt beverage license holders have nearly all their property classified as ag.

Co-chairman Dayle Hammock said the commission does not have the option to consider ag land versus non-ag land. Aker contended location on ag land is part of a liquor license applicant’s location criteria.

Allison-Creed said the county needs to change its law and adopt ordinances concerning liquor and malt beverage sales just like municipalities do. “We need some change at the state level.”

Commissioners also voted to approve the rest of the malt beverage license applications.

Allison-Creed voted for all applications for what she said will be the last time. She added she will oppose them in the future if the property is not commercial.

Her vote was based partly on this time being very close to the rally. Allison-Creed said the sizes of some applicants’ properties need to be condensed.

http://www.rapidcityjournal.com/articles/2009/06/04/news/local/doc4a283b4a1287e766161466.txt

Sacred Sites -vs- A Modern Day Disease, Greed

2009-05-25T19:26:00.001-06:00

Press Release

May 24, 2009

Sacred Sites –vs- A Modern Day Disease, Greed
“Our Sacred Ground is Not Your Playground”
By Tamra Brennan
Founder/Director
Protect Sacred Sites Indigenous People, One Nation

Bear Butte is a sacred site located in the Black Hills, eight miles east of Sturgis South Dakota.

The mountain is sacred to many of the Plains Tribes, including Lakota, Dakota, Nakota, Northern and Southern Cheyenne, Northern and Southern Arapaho. For thousands of years, Tribes have traveled up to hundreds of miles to Bear Butte for their annual ceremonies. Many people today still make their annual journeys to the mountain, from May through August.

Unfortunately, the ongoing struggle to Protect Bear Butte, against the continual encroachment and desecration caused by Sturgis Bike Rally venues, continues today. We have been battling these venues near Bear Butte since 2006. These large biker bars and concert venues continue to expand with further development, hosting huge concerts, bringing tens of thousands of people, vehicles and motorcycles towards Bear Butte.

During the August 2008 Sturgis Rally, Glencoe Campground’s, Rock’n the Rally venue located on Hwy 79 one mile south of Bear Butte, hosted the group KISS bringing absolute chaos to the area. Seven miles and three hours of gridlocked traffic, all headed towards Bear Butte. The same day, Buffalo Chip located off of Hwy 34 & 79, hosted Senator McCain and Kid Rock, multiplying to the chaos. Long time local residents stated they had never seen anything like this before, the worse traffic and chaos they had ever seen out this way.

The following day after the huge concert, a tornado warning swept thru Sturgis causing severe hail and thunderstorms. It was one of the worst thunderstorms in many years, right in the middle of the Sturgis Rally. Two people were actually struck by lightning at Glencoe Campground during this storm. The very campground, that caused all the chaos the previous day, next to Bear Butte. Coincidence, or a clear message from the Creator, you be the judge.

In December 2008, the virtual 600 acre bar, Glencoe Campground and Rock’n the Rally were sold to non residents Sean Clark and Devorah Lopez from California and Arizona, for a reported $8.4 million dollars. There are serious character issues with these individuals, which will be disclosed during the upcoming June 2nd hearing at Meade County Commissioners.

Another attack against the mountain during the 2008 Sturgis Rally, were helicopter flights from four separate Rally venues adjacent to Bear Butte, including Broken Spoke Campground, Buffalo Chip, Ride N Rest Campground and Lamphere Ranch.

In June 2008, Target Logistics, the new owners of Broken Spoke Campground, in their tenacity were quoted in the Rapid City Journal regarding the helicopter rides, stating "If someone asks to fly over Bear Butte, we'd take them unless it's not allowed." After several months of battling against it, publicly opposing the issue with our media campaign, working with FAA, and during the Rally physically being on the ground talking with these pilots, we were able to put a stop to flights over the mountain. After a huge fight regarding this issue, Broken Spoke finally stated they would not be flying over the mountain, and their helicopter pilot never showed up during the Rally. Three of the venues continued to offer flights, the pilots agreed to stay away from flying over the mountain.

The desecration from these venues worsens each year, with what they bring to the sacred mountain, Bear Butte. The disrespect is evidenced with loud music heard for miles, huge concerts, strobe lights, helicopters, motorcycle traffic, pyrotechnic firework shows, lude behavior, drunkenness and a half a million people, within less than a few miles of one of this nation’s most sacred places, Bear Butte.

People often ask, how can they get away with this and why isn’t the local governments doing anything about it? The simple answer is called greed, it is yet another sign of the times, a modern day disease that has consumed people. It continues to feed upon today’s money hungry corporate America, and a local county that refuses to take a stand to protect a sacred site and historical landmark. The bottom line is the tourism, promoting the Rally and adult entertainment in these venues, supersedes any Native American religious beliefs, our spirituality, the sacredness and tranquility of the mountain.

Laws were created and are in place to protect our religious rights, Including, The American Indian Freedom of Religion Act of 1978, Executive Order 13007
Protection and Accommodation of access to Indian Sacred Sites, and Native American Free Exercise of Religion Act of 1993, these laws are continually violated by the decisions made by the Meade County Commissioners and these venues.

In last years Meade County Commissioners hearing, I proposed a question asking for clarification on the Commissioners definitions of a “church.” Commissioner Robert Mallow responded to my questioning, stating that Bear Butte is NOT considered a “church” under their definition, that he was not going to debate religion with me.

Thousands of years of Tribal Nations coming here to pray, to fast, for healing and for guidance apparently doesn’t met their standards for classifying the mountain as a church. These statements were not only insulting, but demoralizing to an entire people’s spirituality and belief system.

As a local resident, I wonder what desecration the mountain will be subjected to this year, praying there will be a way to stop it. We have to continue to speak out and oppose what is occurring at all of our sacred places, if we sit back and accept the destruction, our way of life will fade away in a memory long so forgotten.

There have been many ups and downs in this issue, with many losses, but also a few victories. Each year there has been progress in these efforts, creating awareness for the issue, gaining support from across the country especially within the biker communities. The word is reaching out to the bikers about our plight to Protect Bear Butte, thru our ongoing efforts with the Bikers for Bear Butte campaign, which has been very successful thus far. Last year, we found that the bikers themselves were discussing the issue and helping us spread the word in a positive way, about the protection efforts. Education is a critical tool in order to help make a difference.

Many people, Native and non Native attend the Rally to participate in the events, we respectfully ask everyone to please remember the plight, to Protect Bear Butte and not endorse, patronize and participate in these venues surrounding Bear Butte. No matter how much you may want to see your favorite bands playing at these Rally venues, please remember these concerts surrounding Bear Butte are violating the sacred mountain! Help us take a stand against these Rally venues that continue to disrespect Bear Butte and its spiritual and historical significance.

We would like to ask each and every one of you, to assist us with the Protect Bear Butte struggle by helping spread the word!
Protect Sacred Sites Indigenous People, One Nation is a grass roots organization, working towards the protection of sacred sites across the country. Our organization has been actively involved with the ongoing struggle to Protect Bear Butte for many years. Our organization is currently leading the campaign regarding opposing the new developments and further expansions at Bear Butte.

Visit our main website at www.protectsacredsites.org and our dedicated website for the Bear Butte struggle at www.protectbearbutte.com .

Airport dig yields new anthropological discovery

2009-05-06T20:40:00.000-06:00

Airport dig yields new anthropological discovery
Thursday, 30 April 2009

Depiction of a palisaded village from 1100 A.D. Archaeologist Tasha Benyshek was unaware of the existence of such structures in this time period.

By Marla Dalrymple & Tony Wheeler
Staff Writers

A significant historical discovery was made last week when archaeologists at the site of the proposed Macon County Airport runway extension discovered two palisaded villages, circa 1100 A.D.

“We had no idea there were palisaded villages in 1100 A.D.,” said Tasha Benyshek, senior archaeologist on the project with TRC Solutions.

Benyshek has been working at the site for several weeks, removing top soil and performing preliminary mapping of archaeological features. Her crew was hired to perform artifact removal and data recovery on a portion of the area slated for a runway extension.

The Macon County Airport is located in Iotla Valley on property that was once apparently home to several native peoples. Artifacts found on site date back as early as 2000 B.C., said Benyshek.

Two areas that were opened last week revealed features including post holes encircling structures.

The evidence suggests that vertical fences were used to fortify homesteads nearly one thousand years ago.

Benyshek called the discovery a rare find, citing few instances where such palisades were ever documented. “It’s a little known time period,” she said. “There are so many posts and features in that area.”

Most of what the archaeological crew has come across at the site dates to the Woodland Period, 500 A.D. Structures, storage and cooking pits have all been found.

Two palisaded villages date to 1100 A.D. complete with structures. The next period evidenced on the property is the Middle Qualla period, 1600-1750 A.D, with structures and pit features.

The crew will start systematically documenting structures and excavating pit features. “It is so dense,” said Benyshek, “it will take time. There’s quite a bit to do.”

The information gleaned will help scientists understand how people lived thousands of years ago. Benyshek said it will be interesting to learn if people lived in individual farmsteads, villages or compact villages during the different time periods.

The settlement patterns have been especially enlightening at the Iotla site, she said, providing vital clues about how villages were set up.

The two fortified villages, said Benyshek, were probably meant to keep people safe from something. “During some time periods, people felt the need to close themselves in,” said Benyshek.

Evidence can also provide clues to what people ate, what tools they used and what activities they participated in.

“It will be interesting to see what else evolves,” said Benyshek of the site.

The runway extension has been a source of controversy as some area residents have voiced concern over the historical and cultural significance of the site at county meetings.

Officials involved have stated that the extension will not only improve airport safety but may also help bring jobs to the area.

Cowee resident and Wild- South Cultural Heritage Director Lamar Marshall said that the new discovery substantiates the claims that the significance of the site was “glossed over” by agencies such as the State Historic Preservation Office, the Federal Aviation Administration and the Macon County Airport Authority.

“The airport expansion is a gross violation of taxpayer trust, a waste of taxpayer money for special interests, a slap in the face to the Cherokee Nation and their dead that are buried there, and a tragedy for the families and property owners of the Iotla Community,” said Marshall. “There appears to be a trail of special interests that could lead back to elite entities that will benefit from this ridiculous example of corporate welfare.”

Marshall has contacted an attorney on the grounds that violations have already occurred in regard to the extension and its preparations. Marshall said, “The people of Macon County and the Cherokee Nation will not be steamrolled without a fight.”

Airport Authority Meeting

Not much was on the agenda for the regular meeting of the Macon County Airport Authority on Tuesday, April 28 – mainly the election of officers to serve the next two years and an executive session to discuss contractual matters. Though the meetings have always been open to the public and always will be, until recently they were rarely attended by anyone other than authority members or the media. That has not been the case lately. Seven visitors showed up on Tuesday thinking they might have a question and answer session with the authority.

The authority did allow for a public comment period during a packed house at the last meeting, though some of the questions posed would have to be answered at a later time, said Chairman Milles Gregory. “The board is being as accommodating as it can by allowing this public discussion today,” Franklin Mayor Joe Collins said. Collins serves as a lawyer for the authority. “This isn’t a public hearing; we don’t have to do this. But realistically, it is always better to let the people be heard.”

At Tuesday’s meeting, four of the visitors signed up to speak during the public comment period and were given three minutes each to air their thoughts. Lucy Meadows Smarr had a few questions she wanted answered. “Specifically, I want to know what type of permanent jobs will be provided. In conversations, you’ve said the airport runway extension will bring in a lot of jobs. I want to know specifically,” she said.

Collins replied, “On behalf of the authority, this is a public comment session, it’s not a back and forth. You have the right to pose questions, but it’s not the job of the authority to provide feedback.

“Well, how can you get these answers?” Smarr asked.

Gregory told her, and the others wanting to speak, to submit the questions in writing to the authority secretary, Teresa McDowell, and he would provide an answer by mail.

Smarr also wanted to know about the petition against the runway extension. “I’d like to know how many are against the extension and who they are,” she said. She commented on the time of day the authority meetings are held, 4 p.m. “Most people are at work and can’t attend. How can we address changing the time of the meetings?”

“We’ll get an answer to you,” Gregory said.

Debby Boots addressed the authority next. Her comments concerned an article she read about the Department of Fish and Wildlife where they stated they had not been involved in discussions with the authority about the runway extension since 2002. Critical wildlife habitat is located downstream of the project and Boots wanted to know why Fish and Wildlife wasn’t involved.

“The board can speak if they like, but again, this is a public comment session. It’s designed for you all to give comments to the board, not a question and answer session,” Collins said.

Dolly Reed stepped up and asked about the 100 percent data recovery at the site. Gregory explained that they are not doing 100 percent recovery. On 3.5 acres, they are doing stripping, mapping, and identifying. She then asked what type of jets would be landing there and Gregory replied they would be the same types as are landing now.

Norm Roberts, a former authority member, gave a presentation on the instrument approach system and how important it is to the airport. Due to recent technological advances like GPS, the airport is now part of the Air Traffic Control System, and some flights can be monitored from Atlanta. He praised the authority members for all of the hard work they’ve been doing.

With more praise came Patricia Stoker. She lives on McCall Circle near the airstrip, she said. “I love the airport. When I first moved here people would tell me ‘Oh, be careful because they're going to expand the airport and there’s going to be all kinds of cargo and big casino jets coming in' and I said ‘Oh. Oh, good.’”

She said she was definitely for the expansion and is glad it’s finally happening. “I’d love to see this place become a tourist destination for private aircraft,” she said.

The authority then went on to business. They decided to send a draft budget to the Board of Commissioners totaling $47,000. This is the amount they received last year and kept the proposal at the same figure due to the economy. The budget is mostly for operating expenses, said Treasurer Pete Haithcock.

Milles Gregory was reelected as chairman, Harold Corbin as vice-chair, and Pete Haithcock as treasurer.

http://www.maconnews.com/index.php?option=com_content&task=view&id=4607&Itemid=34

Bear Butte forum calls for understanding

2009-04-26T07:35:00.001-06:00

Bear Butte forum calls for understanding
By Jason Gross, Meade County Times-Tribune staff | Sunday, April 26, 2009

STURGIS -- People who consider Bear Butte a sacred site met for three hours Saturday morning to share their views on issues they fear could damage the peaceful atmosphere there and the use of the park as a place of worship for Native Americans.

One of those is the Meade County fire ban, imposed each July during the Sturgis motorcycle rally. Bear Butte State Park Manager Jim Jandreau explained that no campfires are allowed because of potential wildfire danger.

Ceremonial rites are affected, according to Jandreau. He encouraged those concerned to visit with fire officials, Game, Fish & Parks personnel and others about the issue.

"The intent was a safety factor," Jandreau said of the yearly ban. "It has nothing to do with our spirituality or ceremonial ways."

Janet Clairmont said she will address the Meade County Commission on Wednesday, May 6. She will make a request for Bear Butte Lodge fire pit approval, according to the meeting agenda.

A proposed annexation of land east of Sturgis is also a concern.

Uma Black Crow Wilkinson, who said protection of Bear Butte's land and water are important to her, said not many people are aware of the proposal and called for more meetings about that and other issues surrounding the butte.

Area rancher Ross Lamphere addressed that annexation, saying if the effort succeeds, city limits will be about 1/4-mile north of Bear Butte Creek along S.D. Highway 79.

Lamphere estimates that boundary would be less than 3 miles from Bear Butte, and said the city, through state statute, will have jurisdiction for platting purposes.

At least four parcels around the butte are for sale. Meeting attendee Nancy Hilding said one of those, the Grubl property, occupies 120 acres and has been on sale for two or three years.

"Most of the legislators were receptive to purchase of land," Sen. Jim Bradford, R-Pine Ridge, said, referring to efforts to have the state buy some of the land to create a buffer zone. He said some state funds could be available because the state received some stimulus funding.

Bradford emphasized he attended the meeting to get the people's perspective. "The legislators are ready," he said. "They know they want to do something."

Native people need to be in a primary consultation role for butte use and management, Black Crow Wilkinson said. She said Natives are consulted but need to be in more of a leadership role.

"The sacredness of that site should probably be considered above and beyond any recreational use," Black Crow Wilkinson said.

Bear Butte is one of seven Black Hills sites sacred to the Lakota, elder Marie Randall said.

Randall called for understanding about how people can work together. "We need to learn to do more sharing than controlling," Randall said.

http://www.rapidcityjournal.com/articles/2009/04/26/news/local/doc49f3eb8c52743683964578.txt

Bear Butte Mountain: A beautiful, sacred site in South Dakota

2009-04-07T14:45:00.000-06:00

Bear Butte Mountain: A beautiful, sacred site in South Dakota
By Vincent Schilling, Today correspondent

Story Published: Apr 7, 2009

STURGIS, S.D. – Just outside Sturgis is the Sacred Mato Paha or Bear Butte Mountain. Bear Butte, a 4,426-foot mountain, rests on the northernmost part of the Black Hills. It has been a sacred site to the Northern Plains Indians for thousands of years.

Today, Bear Butte Mountain attracts visitors from all over the world. Bear Butte is still a place for traditional American Indian ceremonies. When hiking up the mountain on designated trails, it’s common to see trees bestowed with sacred tobacco offerings wrapped in colorful cloth as representations of prayers to the Creator.

According to a Lakota story, long ago a giant bear and a water monster similar to a dinosaur, battled for many days and nights. Because of the fierce battle, valleys filled with blood. The giant bear was wounded by the sea monster’s jagged teeth and the bear crawled away to die. The ground erupted, darkness covered the earth, and fire, ashes, water and mud went into the sky.

“You cannot take away the spirituality of this mountain, which is its true draw. That is its true magnificence. For everybody that comes here, I believe it is different. No two people that come here have the same experience.”

-- Jim Jandreau, Bear Butte Park manager

The story continues with the bear’s body disappearing, and in place of the bear was a hill in the shape of the bear’s sleeping body which continued to rumble and smolder.

To the native Lakota, Bear Butte has long been a place to hold council meetings and ceremonies such as vision quests and Sun dances. In the mid-1800s the father of Crazy Horse, a great holy man, climbed Bear Butte to seek spiritual guidance on a vision quest.

It has been said that Wakantanka appeared before the holy man in the form of a bear and gave him power to overcome obstacles and defeat his enemies. Crazy Horse’s father asked that the same gifts also be given to his son. After this bestowment, the mountain was known as Bear Butte or Mata Paha.

The history of Bear Butte is rich, as well as literal, artifacts dating back 10,000 years have been discovered near it. Tipi rings have been found along Bear Butte’s perimeter, as well as rocks the Sioux once placed along the mountain’s summit to establish claims to the land, to mark distance
or to offer prayers.

Many note a profound spiritual connection when visiting the site.

Jim Jandreau, who was born and raised on the Lower Brule Sioux in South Dakota is the first American Indian park manager at Bear Butte State park. Jandreau admits that although the sites of Bear Butte are majestic, the profound connection to spiritual matters are much more prevalent.

“You cannot take away the spirituality of this mountain, which is its true draw. That is its true magnificence. For everybody that comes here, I believe it is different. No two people that come here have the same experience.”

Jandreau said Bear Butte is open to anyone who wishes to visit.

“The medicine men that practice here and bring their people here to worship will all tell you that this mountain is not exclusive to only Indian people praying. Anybody who comes in the right mind and the right heart with prayer on their lips, with humbleness is welcome. When you go to that area with that humbleness then we are all truly equal.”

Bear Butte has long been the subject of preserving sacred sites by American Indian artists. Award-winning American Indian musician Michael Bucher, Cherokee, whose song off his “Seven” album entitled “Dirty Water” fights for the preservation of the site.

“I went to Bear Butte Mountain and climbed along the trails to look at the view and to feel the sanctity of the place. You can see buffalo at the base of Bear Butte and see prayer flags all over the trees. They are tobacco cloth offerings. Some of the multi-colored ribbons are old and faded and some of the flags are on trees that have been uprooted by the weather. It all adds to the holiness of the place that so many prayers for hundreds of years have been prayed there,”
Bucher said.

Both Bucher and Jandreau said that though visitors may go for the simple beauty of Bear Butte or to hike the trails that were once traversed by Indian people so many years ago, visitors leave with much more than they may have anticipated.

“Everyone that comes off this mountain, it doesn’t matter if they are Indian or non-Indian or what tribe they are from, when they come away from this mountain, and go to see that medicine man interpreter about their vision, none of them will ever be the same,” Jandreau said. “People who come here are changed spiritually and morally. They may not know it when they drive out of the gate, but that stays with them.”

Ancient bones found at UCSD back in dispute

2009-03-30T17:55:00.000-06:00

Ancient bones found at UCSD back in dispute
By Steve Schmidt (Contact) Union-Tribune Staff Writer
2:00 a.m. March 20, 2009

Background: San Diego County's Kumeyaay tribes had asked UCSD to turn over skeletal remains unearthed near the chancellor's home in La Jolla. Local American Indians say the remains are part of their ancestry. But UC researchers say there's not enough evidence to link the nearly 10,000-year-old bones to Kumeyaay culture.
What's changing: UCSD is seeking federal approval to hand over the bones to the tribes, even though the remains are classified as “culturally unidentifiable.”
The future: A National Park Service board is scheduled to consider the request in May.

Skeletal remains unearthed at the University of California San Diego more than 30 years ago have sparked a fresh debate between the interests of science and culture – and the university is caught in the crossfire.

Administrators at the La Jolla campus want federal approval to turn over bones found near the chancellor's seaside home to the region's Kumeyaay tribes. Unearthed in 1976, the nearly 10,000-year-old remains are believed to be among the oldest found in the Western Hemisphere.

But to UCSD's chagrin, the request has generated criticism from both major parties in the dispute – the Kumeyaay and UC researchers.

Both are asking the university to drop the request, but for conflicting reasons.
Two panels of university researchers say there's not enough evidence to link the bones to Kumeyaay culture, so they should remain available for research.
And the Indian bands, which formally requested the bones three years ago, now say they don't want them as long as researchers consider them “culturally unidentifiable,” calling the designation disrespectful.

“The Kumeyaay want their ancestors back, and they want to bury them appropriately,” Michele Fahley, an attorney representing the Kumeyaay Cultural Repatriation Committee, said yesterday.

Gary Matthews, UCSD vice chancellor for resource management,said that he was perplexed by the double-barreled opposition but that the university will stick with its request for now.

“We're really trying to do the right thing . . . and we've been criticized by both sides,” Matthews said. “What are we supposed to do?”

The remains are in a safe at the San Diego Archaeological Center, near Escondido. They consist of three sets of skeletal remains, including those of a young man and older woman buried together. Scientists believe the bones are between 8,977 and 9,603years old.

Kumeyaay leaders had asked UCSD to turn over the bones for reburial, saying their people have been in the region since the “beginning.”

“Leave them be. They are not here for your exploitation,” Louie Guassac, a Sycuan band member, said in a recent interview.

Fahley, an attorney with California Indian Legal Services in Escondido, said the tribes provided UCSD with evidence from scholars showing that the remains are linked to the modern-day Kumeyaay.

To argue otherwise “is disrespectful to the tribes and their ancestors,” she said.
But a panel chaired by UCSD anthropologist Margaret Schoeninger concluded last year that the bones can't be identified as Kumeyaay. A study conducted for the panel by a San Diego State University anthropologist identified the remains as American Indian but didn't link them to any particular tribe, Schoeninger said.

A systemwide University of California research committee reached a similar conclusion.

Schoeninger said handing over the remains would undermine scientific research because further study of the bones could reveal, with the development of new research technology in fields such as DNA sequencing, more about the peopling of the New World.

“These skeletons are not materials that can be duplicated in the future,” Schoeninger wrote in a March 5 letter to the UCSD Academic Senate, asking that Chancellor Marye Anne Fox withdraw the university's request.

“Despite more than a century of research, we don't know when the Americas were first populated, by whom they were populated, how people got here, or how many immigrations occurred,” Schoeninger wrote.

Ross Frank, an ethnic-studies professor at UCSD, was part of Schoeninger's panel – and the only member who considered the remains Kumeyaay. He said the archaeological record of the past 10,000 years is uneven, but the bulk of evidence points to a Kumeyaay link.

Also, turning over the bones “is the only appropriate, moral thing to do,” Frank said.

On Feb. 23, Matthews submitted a 37-page request on UCSD's behalf to the National Park Service, asking for a federal review board's support in turning over the bones to the tribes.

“We feel . . . this is the most prudent and responsible step forward,” he said of the university's decision.

The review board, which oversees the Native American Graves Preservation and Repatriation Act, is expected to consider the request at a meeting in late May.
If the panel backs UCSD's request, the issue would land on the desk of Interior Secretary Ken Salazar. A final decision could be made within a few months, said David Tarler, a program administrator based in Washington, D.C.

The act, created in 1990, allows universities, museums and other research institutions to return certain American Indian artifacts to federally recognized tribes that request them.

In several cases, federal officials have permitted the disposition of remains to American Indian groups, even if the bones weren't clearly linked to the tribes.
Kumeyaay representatives weren't ready yesterday to say how they would respond if UCSD continues with its request and wins approval.

Matthews believes scientists have had adequate time to study the remains. He said he's unaware of any formal request from researchers to examine the bones further.
Academic Senate Chairman Dan Donoghue said the university is in a delicate spot as it tries to weigh the legitimate needs of all major players on the issue.
“How do you balance those needs?” Donoghue asked.

Steve Schmidt: (619) 293-1380; steve.schmidt@uniontrib.com
Steve Schmidt: (619) 293-1380; (Contact)

http://www3.signonsandiego.com:80/stories/2009/mar/20/1n20bones002815-ancient-bones-found-ucsd-back-disp/

UTA shows little respect for Native Americans

2009-03-30T07:41:00.001-06:00

UTA shows little respect for Native Americans
By John Florez

Published: Monday, March 30, 2009 12:05 a.m. MDT

Are Utah's Native Americans getting thrown under the bus? I can't believe Utah Transit Authority would do that. However, the Utah Legislature recently passed a bill, HB179, that permits UTA to consider building a FrontRunner station in Draper on a 3,000-year-old Native American archaeological site.

When the legislation was being deliberated, there was no involvement of Native American leaders, whose cultural heritage and spiritual grounds stood to be affected, which is highly concerning. Most disturbing was the Legislature's failure to respond to a letter sent to all lawmakers from Rupert Steele, chairman of the Confederated Tribes of the Goshute Indian Reservation, even after it was introduced from the floor by Sen. Luz Robles, D-Salt Lake. Steele opposed HB179 because, "This site contains evidence of some of my American Indian ancestors and is a very sacred place and we have a very strong spiritual connection with the area. Damage will be irreparable and disrespectful to my ancestry."

According to Chairman Steele, he never received a response from a legislator or a UTA board member, even though a state representative also serves on the UTA board. Such an oversight by a legislative body to a Native American tribe shows disrespect and ignores the voices of those most affected by the legislation. So there is reason to be skeptical about UTA's intent to consider the public's interest and the spirit of state and federal laws created to protect Native American interests.
It seems lawmakers were eager to showcase the rich Utah heritage of Native American culture during the 2002 Winter Games and then forget about the Native Americans until the next time they can serve their political purpose. We take pride in protecting groups from religious persecution, yet seem to be dismissive when it comes to respecting the artifacts sacred to Native Americans. We say we live by the law but often ignore its intent.

UTA administrators have indicated they are very early in the process of making a decision on the site for the Draper station and plan to involve all interested parties in the decision-making. Given the actions taken by the Legislature and UTA representatives, there is reason for concern that the rights and interests of others may be an afterthought. Adding to the skepticism is the perception of conflict of interest of board members precipitated by the Legislature passing a law requiring elected officials be appointed to the UTA board. One of my most rewarding community service experiences was serving on the UTA board, because its focus was on serving the public's interest. It invited public participation and even sought out the smallest voice. I trust the current board members will abide by that core value.

Utahns know the importance of protecting one's heritage, especially when it comes to respecting a people's spiritual grounds and symbols. They are reminders of who we are and our beliefs. Native Americans continue to be an afterthought in the making of public policy. Their silence and respect for the earth and others should not be interpreted as a sign of weakness or not caring, rather as one of pride and struggle to maintain their culture, values and beliefs. UTA board and staff should not seek Native American participation in a token, condescending manner, and as an afterthought, rather as significant members of our community. And lawmakers should be respectful and listen to all citizens and follow the spirit of the laws they are sworn to uphold.

A Utah native, John Florez has founded several Hispanic civil-rights organizations; been on the staff of Sen. Orrin Hatch; served on more than 45 state, local and volunteer boards; and filled White House appointments, including deputy assistant secretary of labor and as a member of the commission on Hispanic education. E-mail: jdflorez@comcast.net.

http://deseretnews.com/article/1,5143,705293963,00.html

NAGPRA: Writing and Managing a Successful Grant

2009-03-29T21:46:00.000-06:00

NAGPRA: Writing and Managing a Successful Grant

Seattle, Washington

May 20-21, 2009

Purpose of the Seminar:

The National NAGPRA Program offers grants to assist museums, Indian tribes, Native Hawaiian organizations and Alaska Native villages and corporations with the NAGPRA process. Review practical tools and case studies of successful grant applications and projects. Learn how to assess the needs of a NAGPRA program, identify fundable projects, and write and manage a successful grant.

The seminar instructors are Sangita Chari, Grants Coordinator, National NAGPRA Program, and Jan I. Bernstein, Director, Bernstein & Associates.

Who May Attend:

The seminar is open to participants from Native American tribes, Alaska Native villages and corporations, Native Hawaiian organizations, museums, and individuals interested in NAGPRA grants.

How to Register:

Download and complete the registration form available at www.npi.org.

Cost and Funding Sources:

The cost of registration for the seminar is $375 before April 8, $425 regular rate, $175 student.

· If you are a representative of a Native American tribe, Alaska Native village or corporation, or Native Hawaiian organization, the National NAGPRA Program has scholarships available for registration. The scholarship application form is available at www.npi.org.

· NEW GRANTS for accommodations, travel and per diem!!!

If you are affiliated with a tribe, Native Hawaiian organization, or Alaska Native village or corporation and you are committed to attending the entire seminar, the National Museum of the American Indian is offering a $1,000 grant per applicant for the first 15 people who qualify. The grant is payable upon completion of the seminar to offset the costs for accommodations, travel and per diem to attend the workshop. No application necessary. Please contact the National Preservation Institute at info@npi.org or 703.765.0100.

· Additional funding opportunities are available at www.npi.org.

For more information contact:

National Preservation Institute

P.O Box 1702

Alexandria, VA 22313-1702

703.765.0100

info@npi.org

This training is offered through a partnership of the National NAGPRA Program, the National Preservation Institute and the National Museum of the American Indian.

Action Alert! Stolen Artifact from Cahokia

2009-03-23T16:56:00.002-06:00

Please be on the lookout for this!

The following link includes pictures and the description of the stolen Cahokia artifact that is VERY identifiable. Please help by forwarding to all collectors, museums, and auction houses that deal in artifacts...with any luck we might just find this !

http://sracenter.blogspot.com/2009/03/cahokia-copper-axe-stolen.html

Deb TwiggExecutive DirectorSusquehanna River Archaeological Center (SRAC)

P.O. Box 12Sayre, PA 18840

http://www.sracenter.org/

H - (607)565-2536C - (607)727-3111

Briggs: Battle lines still drawn in the Ancient One’s case

2009-03-18T13:58:00.001-06:00

Briggs: Battle lines still drawn in the Ancient One’s case
By Kara Briggs, Columnist

Story Published: Mar 18, 2009

The battle over the ancestral remains of Indian nations along the Columbia River didn’t begin or end with the famous Kennewick Man case.

Throughout the mid-20th century federal hydropower projects sliced the wild river into a series of slack water lakes. The prospect of flooding cemeteries set into motion the government-sponsored excavation of ancient and not-so-ancient cemeteries. It also set into play the natural sloughing of remains into a widened river channel, remains such as a 9,200-year-old known to tribes as the Ancient One.

Now four tribes – the Colville, Yakama, Umatilla and Nez Perce – are awaiting a U.S. Army Corps of Engineers determination about which, among hundreds of remains excavated in the 1960s at the Marmes Rockshelter site, will be released to them.

The battle over the ancestral remains of Indian nations along the Columbia River didn’t begin or end with the famous Kennewick Man case.

The Marmes site is located 60 miles east from where the Ancient One was found in 1996. Marmes represents 14,000 individual artifacts, among them human remains. Some are as old as the Ancient One and others are as recent as, literally, the parents and grandparents of today’s tribal elders.

At the winter conference of the Affiliated Tribes of Northwest Indians, the culture and elder committee held emotional meetings in which leaders from these and related tribes reflected on the pending Marmes decision, and on the famed case the tribes lost in the 9th Circuit Court of Appeals in 2004.

Speaking sometimes in Sahaptian and sometimes in English, Joe Jay Pinkham, a Yakama elder and tribal council member, described the anguish of viewing remains, some of which were accompanied by garments emblazoned with family symbols recognized by descendants.

Pinkham posed the questions which these four Indian nations will have to answer as parts of the Marmes collection are returned: What will we do when we find someone from a related tribe? How will we notify them? How will families cope when the remains of close relatives are returned?

The question before the U.S. Army Corps of Engineers, as it determines which remains from the Marmes site to return to the tribes, are different from what they might have been if the Ancient One had never been unearthed.

The operative question now is how far back in time can tribes assert affiliation; if remains date back to the age of say the Kennewick Man are they indigenous? Or are they the skeletal remains of some Paleocene-era travelers who were circumnavigating the globe?

Since a 2004 ruling telling tribes they had not proved that the Ancient One’s remains were those of an American Indian, an argument has arisen for not returning the oldest remains to the Indian nations whose oral histories claim them.

“The court said oral traditions have limited utility when compared to scientific studies done by people like the plaintiffs,” said Audie Huber, intergovernmental affairs manager for the Confederated Tribes of Umatilla’s natural resources department. “That is an affront to tribal beliefs. The oral tradition dates back thousands of years, as it does in many cultures around the world. The fact that some are written down seems to make them more sacred.”

The lingering issue – forgetting for a minute the Ancient One’s remains stored in the University of Washington’s Burke Museum – is that the 9th Circuit Court of Appeals left an “opt out” provision for scientists to get around the Native American Graves and Repatriation Act, Huber said. NAGPRA provides a process for the return of Native American cultural items, including human remains that are culturally affiliated with tribes, or even Native American remains for which cultural affiliation is unidentifiable. But if scientists argue, as eight did in the case of Kennewick Man, that remains are not the ancestors of contemporary tribes, then they might not have to abide by NAGPRA.

The oral tradition dates back thousands of years, as it does in many cultures around the world.

-- Audie Huber, intergovernmental affairs manager for the Confederated Tribes of Umatilla’s natural resources department

Absent oral histories, tribal recourse is limited.

“One of the underlying assumptions is this record has to be demonstrated by archaeologists who are out there digging up our dead,” Huber said. “That’s not what we do. We don’t generally dig up our dead.”

In the ATNI elders and culture committee, Harvey Moses of the Confederated Tribes of Colville brought a resolution to ask the government to release the results of the scientists’ studies of the Ancient One. The resolution was adopted. The Colville Tribes sent a letter to the U.S. Army Corps of Engineers asking about findings.

But the corps has not received any more information about the plaintiffs’ research than the tribes have, said Jennifer Richman, an attorney in the Portland office of the corps.

Jim Chatters, the forensic archaeologist at the center of the Kennewick Man dispute, the one who first theorized that the remains were those of an ancient Caucasian, said the findings will be published likely through the Center for the Study of the First Americans at Texas A&M University once the reports are finished. Samples were taken from the remains before 2006. Twenty scientists have conducted research.

It’s not clear, Chatters said, whether there is enough material intact to study DNA. The findings to date are more about “the man himself than anything that would get political.”

The battle over Kennewick Man continues to cast a long shadow over Indian nations’ righteous fight for the dignified reburial of remains.

“Let’s let this man have his day. His people don’t exist anymore so let’s find out about him.”

But the battle over Kennewick Man continues to cast a long shadow over Indian nations’ righteous fight for the dignified reburial of remains. In the court of public opinion, Indian claims to ancestral remains could again be challenged, Huber said.

“Any scientist could come out of left field and say these guys are Vikings. Anyone with a Web site could come up with a theory, and have equal access as the tribes to the press.”

Kara Briggs, Yakama and Snohomish, is a columnist with Indian Country Today. She operates Red Hummingbird Media Corp. and lives at the Tulalip reservation in Washington state. Follow her on Facebook.

http://www.indiancountrytoday.com/opinion/41427362.html

Notice of Inventory Completion: Northwest Museum, Whitman

2009-03-14T22:02:00.000-06:00

[Federal Register: March 12, 2009 (Volume 74, Number 47)]
[Notices]
[Page 10764-10765]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr09-93]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Inventory Completion: Northwest Museum, Whitman
College, Walla Walla, WA

AGENCY: National Park Service.

ACTION: Notice.

-----------------------------------------------------------------------

Notice is here given in accordance with the Native American Graves
Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the
completion of an inventory of human remains in the possession of the
Northwest Museum (formerly Maxey Museum), Whitman College, Walla Walla,
WA. The human remains were removed from Mason County, WA.
This notice is published as part of the National Park Service's
administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3).
The determinations in this notice are the sole responsibility of the
museum, institution or Federal agency that has control of the Native
American human remains. The National Park Service is not responsible
for the determinations in this notice.
A detailed assessment of the human remains was made by the Whitman
College and Northwest Museum professional staff in consultation with
representatives of the Skokomish Indian Tribe of the Skokomish
Reservation, Washington.
Sometime between 1874 and 1907, human remains representing a
minimum of four individuals were removed from the vicinity of the
Skokomish Reservation, located in present-day Mason County, WA, by
Reverend Myron Eells, Congregational Missionary. After Rev. Eells
death, the human remains were donated to Whitman College by his wife on
February 15, 1907, (WHIT-E-549, Eells2557; WHIT-X-0011, WHIT-
E-550, Eells 2558; WHIT-E-551, Eells 2559, WHIT-E-
552). No known individuals were identified. No associated funerary
objects are present.
While Rev. Eells did not always indicate cultural affiliation, he
collected mainly from the Skokomish and S'Klallam Tribes. Rev. Eells
occasionally noted tribal affiliations and/or places of origin for
items in the collection. Some of Rev. Eells notes on the human remains
are stated in

[[Page 10765]]

museum records, which identify the human remains as Native American. In
addition, the human remains were determined to be Native American based
on skeletal morphology, as well as on museum records of the
provenience.
The human remains are most likely culturally affiliated with tribes
whose aboriginal lands lie in the Hood River region of the Puget Sound
of northwestern Washington. Anthropological evidence, including
continuities of technology and material culture, indicates continuous
occupation by the Skokomish (also known as Twana) peoples over the last
2,000 years in the Puget Sound region of Washington State. The
historical biography and papers of Rev. Myron Eells, and consultation
evidence with tribal representatives of the Skokomish Indian Tribe of
the Skokomish Reservation, Washington, further support Skokomish
occupation.
Officials of the Northwest Museum, Whitman College have determined
that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described
above represent the physical remains of four individuals of Native
American ancestry. Officials of the Northwest Museum, Whitman College
also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a
relationship of shared group identity that can be reasonably traced
between the Native American human remains and the Skokomish Indian
Tribe of the Skokomish Reservation, Washington.
Representatives of any other Indian tribe that believes itself to
be culturally affiliated with the human remains should contact Brian
Dott, Director, Northwest Museum, Maxey Hall, Whitman College, 345
Boyer Ave., Walla Walla, WA 99362, telephone (509) 527-5776, before
April 13, 2009. Repatriation of the human remains to the Skokomish
Indian Tribe of the Skokomish Reservation, Washington may proceed after
that date if no additional claimants come forward.
The Northwest Museum, Whitman College is responsible for notifying
the Skokomish Indian Tribe of the Skokomish Reservation, Washington
that this notice has been published.

Dated: February 26, 2009.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9-5326 Filed 3-11-09; 8:45 am]

BILLING CODE 4312-50-S

http://regulations.justia.com/view/137721/