From Klee Benally
Monday, March 14, 2011
Ya'a'teh,
Please attend these upcoming USDA listening sessions on protection of Sacred Places.
There was about 45 people in Window Rock when I showed up for the afternoon part of the session today.
It felt great to see many spiritual leaders and elders directly addressing the federal government's mismanagement and lack of understanding for sacred places.
Two issues were addressed very clearly, protection of Mt. Taylor from uranium mining threats and San Francisco Peaks from Snowbowl's threat of snowmaking with sewage water and expansion.
This is a great opportunity to directly address the agency that is responsible for Forest Service land management decisions.
There are several questions attached that you can address at the hearing style sessions.
I spoke today and stated that it was difficult to believe that this would be a meaningful process when the USDA is currently in court aggressively defending the agency's initial decisions to desecrate the San Francisco Peaks.
I urged the agency, at the least, to administratively hold the decision to allow and and all components of Snowbowl's development plans until this listening session process is complete and it's conclusions are rendered.
There were also calls made by other individuals to end Snowbowl's permit, which is something well within the power of the USDA to do.
It would be great to have more young folks at these next sessions.
What action if any will come of these sessions? Let us determine that and hold the USDA accountable if they are only using these sessions to diffuse the unrest that their lack of responsibility and action for protecting our holy sites has brought forth.
In respect,
Klee Benally
Topics to Cover…
§ What has your past experience been with the Forest Service on the
management and preservation of sacred sites?
§ Tell us about current interaction with the Forest Service on management and
preservation of sacred sites, including the effectiveness of existing laws and
regulations…
§ How can the Forest Service do a better job addressing sacred site issues? Let
us know what you would like changed, including; what regulations and/or
policies to change to better address sacred sites…
§ Describe how you would like us to consult with you on the draft report to the
Secretary… How would you like to receive the draft report?
§ What HAS worked and is working to protect your sacred sites? Have any
tools, or procedures been effective that you would like to see continue?
§ Discuss any other issues regarding sacred sites with the USDA and
FS
March 15, 2011 - Coal Mine Canyon Chapter House @ 9:00 a.m. - 5:00 p.m.
Coal Mine Canyon Chapter House
Directions: West 139 miles from Window Rock on Hwy 264 to BIA Indian Route 6710
From Tuba City go 15 miles east on Hwy 264 to BIA Indian Route 6710
March 16, Shiprock, NM @ 9:00 a.m. - 3:00 p.m.
Shiprock Chapter House
Directions: East from the junction of Hwys 491 & 64 in the town of Shiprock, 500' east from the junction on your way towards Farmington. The Chapter House is on the north side of the Hwy.
--
Klee Benally
indigenousaction@gmail.com www.myspace.com/eelk www.twitter.com/eelk
Skype: indigenousaction
NEW: http://www.design.indigenousaction.org/ - Graphic Design, Web Design & more.
NEW: http://www.dinewaterrights.org/ - Water is Life! Protect our Future!
http://www.indigenousaction.org/ - Independent Indigenous Media
http://www.oybm.org/ - Indigenous Youth Empowerment!
http://www.savethepeaks.org/ - Protect Sacred Places
http://www.truesnow.org/ - Water is Life! No Snowmaking
http://www.taalahooghan.org/ - Flagstaff Infoshop
http://www.blackfire.net/
 
National Sacred Sites Policy Review
Written Comments can be mailed to:
Dan Meza
Tribal Relations
US Forest Service, Southwestern Region
333 Broadway SE
Albuquerque, NM 87102
Electronic Comments can be sent to:
TribalSacredSites@fs.fed.us
For
Additional Information
http://www.fs.fed.us/spf/tribalrelations/sacredsites.shtml
Sacred Sites Handbook
U.S. Department of Agriculture (USDA) Secretary Thomas J. Vilsack has directed the Forest Service to work with the USDA’s Office of Tribal Relations (OTR) to review existing laws, regulations, and policies and examine their effectiveness in ensuring a consistent level of protection for American Indian and Alaska Native sacred sites located on National Forest System lands. Secretary Vilsack asked the Forest Service to consult with Tribal leaders to determine how the Agency can do a better job addressing sacred site issues while simultaneously balancing pursuit of the Agency’s mission to deliver forest goods and services for current and future generations.
The Secretary has asked the Forest Service and USDA OTR to provide a final report and recommendations for sacred site policy changes and proposed policy language by November 2011, following the conclusion of Tribal consultation. Information on the policy review can be found at http://www.fs.fed.us/spf/tribalrelations/sacredsites.shtml
What is current policy on Indian Sacred Sites?
EO 13007 directs the FS and other federal land management agencies, to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions—
§ To accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners,
§ To avoid adversely affecting the physical integrity of such sacred sites, and,
§ To maintain the confidentiality of Sacred Sites where appropriate.
EO 13007 also directs federal land management agencies to implement procedures to carry out the provisions described above. The EO instructs that the procedures should include, where practicable and appropriate, procedures to ensure reasonable notice is provided of proposed actions or land management policies that may restrict future access to or ceremonial use of, or adversely affect the physical integrity of sacred sites.
Executive Order No. 13007:
Indian Sacred Sites
May 24, 1996
By the authority vested in me as President by the Constitution and the laws of the United States, in furtherance of Federal treaties, and in order to protect and preserve Indian religious practices, it is hereby ordered:
Section 1. Accommodation of Sacred Sites. (a) In managing Federal lands, each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall, to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions, (1) accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and (2) avoid adversely affecting the physical integrity of such sacred sites. Where appropriate, agencies shall maintain the confidentiality of sacred sites.
(b) For purposes of this order:
i. "Federal lands" means any land or interests in land owned by the United States, including leasehold interests held by the United States, except Indian trust lands;
ii. "Indian tribe" means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to Public Law No. 103-454, 108 Stat. 4791, and "Indian" refers to a member of such an Indian tribe; and
iii. "Sacred site" means any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site.
Section 2. Procedures. (a) Each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall, as appropriate, promptly implement procedures for the purposes of carrying out the provisions of section 1 of this order, including, where practicable and appropriate, procedures to ensure reasonable notice is provided of proposed actions or land management policies that may restrict future access to or ceremonial use of, or adversely affect the physical integrity of, sacred sites. In all actions pursuant to this section, agencies shall comply with the Executive memorandum of April 29, 1994, "Government-to-Government Relations with Native American Tribal Governments."
(b) Within 1 year of the effective date of this order, the head of each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall report to the President, through the Assistant to the President for Domestic Policy, on the implementation of this order. Such reports shall address, among other things,
i. any changes necessary to accomodate access to and ceremonial use of Indian sacred sites;
ii. any changes necessary to avoid adversely affecting the physical integrity of Indian sacred sites; and
iii. procedures implemented or proposed to facilitate consultation with appropriate Indian tribes and religious leaders and the expeditious resolution of disputes relating to agency action on Federal lands that may adversely affect access to, ceremonial use of, or the physical integrity of sacred sites.
Section 3. Nothing in this order shall be construed to require a taking of vested property interests. Nor shall this order be construed to impair enforceable rights to use of Federal lands that have been granted to third parties through final agency action. For purposes of this order, "agency action" has the same meaning as in the Administrative Procedures Act (5 U.S.C.551[13]).
Section 4. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by any party against the United States, its agencies officers, or any person.
William J. Clinton
The White House
May 24, 1996
Updated April 30, 2002
Taken of the Advisory Council on Historic Preservation (ACHP)website January 29th 2011 9:45a.m.
http://www.achp.gov/EO13007.html
Topics to Cover…
What has your past experience been with the Forest Service on the management and preservation of sacred sites?
Tell us about current interaction with the Forest Service on management and preservation of sacred sites, including the effectiveness of existing laws and regulations…
How can the Forest Service do a better job addressing sacred site issues? Let us know what you would like changed, including; what regulations and/or policies to change to better address sacred sites…
Describe how you would like us to consult with you on the draft report to the Secretary… How would you like to receive the draft report?
What HAS worked and is working to protect your sacred sites? Have any tools, or procedures been effective that you would like to see continue?
Discuss any other issues regarding sacred sites with the USDA and FS
More information on Forest Service Tribal Relations policies can be found at the following website: http://www.fs.fed.us/spf/tribalrelations/policies.shtml
Ya'a'teh,
Please attend these upcoming USDA listening sessions on protection of Sacred Places.
There was about 45 people in Window Rock when I showed up for the afternoon part of the session today.
It felt great to see many spiritual leaders and elders directly addressing the federal government's mismanagement and lack of understanding for sacred places.
Two issues were addressed very clearly, protection of Mt. Taylor from uranium mining threats and San Francisco Peaks from Snowbowl's threat of snowmaking with sewage water and expansion.
This is a great opportunity to directly address the agency that is responsible for Forest Service land management decisions.
There are several questions attached that you can address at the hearing style sessions.
I spoke today and stated that it was difficult to believe that this would be a meaningful process when the USDA is currently in court aggressively defending the agency's initial decisions to desecrate the San Francisco Peaks.
I urged the agency, at the least, to administratively hold the decision to allow and and all components of Snowbowl's development plans until this listening session process is complete and it's conclusions are rendered.
There were also calls made by other individuals to end Snowbowl's permit, which is something well within the power of the USDA to do.
It would be great to have more young folks at these next sessions.
What action if any will come of these sessions? Let us determine that and hold the USDA accountable if they are only using these sessions to diffuse the unrest that their lack of responsibility and action for protecting our holy sites has brought forth.
In respect,
Klee Benally
Topics to Cover…
§ What has your past experience been with the Forest Service on the
management and preservation of sacred sites?
§ Tell us about current interaction with the Forest Service on management and
preservation of sacred sites, including the effectiveness of existing laws and
regulations…
§ How can the Forest Service do a better job addressing sacred site issues? Let
us know what you would like changed, including; what regulations and/or
policies to change to better address sacred sites…
§ Describe how you would like us to consult with you on the draft report to the
Secretary… How would you like to receive the draft report?
§ What HAS worked and is working to protect your sacred sites? Have any
tools, or procedures been effective that you would like to see continue?
§ Discuss any other issues regarding sacred sites with the USDA and
FS
March 15, 2011 - Coal Mine Canyon Chapter House @ 9:00 a.m. - 5:00 p.m.
Coal Mine Canyon Chapter House
Directions: West 139 miles from Window Rock on Hwy 264 to BIA Indian Route 6710
From Tuba City go 15 miles east on Hwy 264 to BIA Indian Route 6710
March 16, Shiprock, NM @ 9:00 a.m. - 3:00 p.m.
Shiprock Chapter House
Directions: East from the junction of Hwys 491 & 64 in the town of Shiprock, 500' east from the junction on your way towards Farmington. The Chapter House is on the north side of the Hwy.
--
Klee Benally
indigenousaction@gmail.com www.myspace.com/eelk www.twitter.com/eelk
Skype: indigenousaction
NEW: http://www.design.indigenousaction.org/ - Graphic Design, Web Design & more.
NEW: http://www.dinewaterrights.org/ - Water is Life! Protect our Future!
http://www.indigenousaction.org/ - Independent Indigenous Media
http://www.oybm.org/ - Indigenous Youth Empowerment!
http://www.savethepeaks.org/ - Protect Sacred Places
http://www.truesnow.org/ - Water is Life! No Snowmaking
http://www.taalahooghan.org/ - Flagstaff Infoshop
http://www.blackfire.net/
 
National Sacred Sites Policy Review
Written Comments can be mailed to:
Dan Meza
Tribal Relations
US Forest Service, Southwestern Region
333 Broadway SE
Albuquerque, NM 87102
Electronic Comments can be sent to:
TribalSacredSites@fs.fed.us
For
Additional Information
http://www.fs.fed.us/spf/tribalrelations/sacredsites.shtml
Sacred Sites Handbook
U.S. Department of Agriculture (USDA) Secretary Thomas J. Vilsack has directed the Forest Service to work with the USDA’s Office of Tribal Relations (OTR) to review existing laws, regulations, and policies and examine their effectiveness in ensuring a consistent level of protection for American Indian and Alaska Native sacred sites located on National Forest System lands. Secretary Vilsack asked the Forest Service to consult with Tribal leaders to determine how the Agency can do a better job addressing sacred site issues while simultaneously balancing pursuit of the Agency’s mission to deliver forest goods and services for current and future generations.
The Secretary has asked the Forest Service and USDA OTR to provide a final report and recommendations for sacred site policy changes and proposed policy language by November 2011, following the conclusion of Tribal consultation. Information on the policy review can be found at http://www.fs.fed.us/spf/tribalrelations/sacredsites.shtml
What is current policy on Indian Sacred Sites?
EO 13007 directs the FS and other federal land management agencies, to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions—
§ To accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners,
§ To avoid adversely affecting the physical integrity of such sacred sites, and,
§ To maintain the confidentiality of Sacred Sites where appropriate.
EO 13007 also directs federal land management agencies to implement procedures to carry out the provisions described above. The EO instructs that the procedures should include, where practicable and appropriate, procedures to ensure reasonable notice is provided of proposed actions or land management policies that may restrict future access to or ceremonial use of, or adversely affect the physical integrity of sacred sites.
Executive Order No. 13007:
Indian Sacred Sites
May 24, 1996
By the authority vested in me as President by the Constitution and the laws of the United States, in furtherance of Federal treaties, and in order to protect and preserve Indian religious practices, it is hereby ordered:
Section 1. Accommodation of Sacred Sites. (a) In managing Federal lands, each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall, to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions, (1) accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and (2) avoid adversely affecting the physical integrity of such sacred sites. Where appropriate, agencies shall maintain the confidentiality of sacred sites.
(b) For purposes of this order:
i. "Federal lands" means any land or interests in land owned by the United States, including leasehold interests held by the United States, except Indian trust lands;
ii. "Indian tribe" means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to Public Law No. 103-454, 108 Stat. 4791, and "Indian" refers to a member of such an Indian tribe; and
iii. "Sacred site" means any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site.
Section 2. Procedures. (a) Each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall, as appropriate, promptly implement procedures for the purposes of carrying out the provisions of section 1 of this order, including, where practicable and appropriate, procedures to ensure reasonable notice is provided of proposed actions or land management policies that may restrict future access to or ceremonial use of, or adversely affect the physical integrity of, sacred sites. In all actions pursuant to this section, agencies shall comply with the Executive memorandum of April 29, 1994, "Government-to-Government Relations with Native American Tribal Governments."
(b) Within 1 year of the effective date of this order, the head of each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall report to the President, through the Assistant to the President for Domestic Policy, on the implementation of this order. Such reports shall address, among other things,
i. any changes necessary to accomodate access to and ceremonial use of Indian sacred sites;
ii. any changes necessary to avoid adversely affecting the physical integrity of Indian sacred sites; and
iii. procedures implemented or proposed to facilitate consultation with appropriate Indian tribes and religious leaders and the expeditious resolution of disputes relating to agency action on Federal lands that may adversely affect access to, ceremonial use of, or the physical integrity of sacred sites.
Section 3. Nothing in this order shall be construed to require a taking of vested property interests. Nor shall this order be construed to impair enforceable rights to use of Federal lands that have been granted to third parties through final agency action. For purposes of this order, "agency action" has the same meaning as in the Administrative Procedures Act (5 U.S.C.551[13]).
Section 4. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by any party against the United States, its agencies officers, or any person.
William J. Clinton
The White House
May 24, 1996
Updated April 30, 2002
Taken of the Advisory Council on Historic Preservation (ACHP)website January 29th 2011 9:45a.m.
http://www.achp.gov/EO13007.html
Topics to Cover…
What has your past experience been with the Forest Service on the management and preservation of sacred sites?
Tell us about current interaction with the Forest Service on management and preservation of sacred sites, including the effectiveness of existing laws and regulations…
How can the Forest Service do a better job addressing sacred site issues? Let us know what you would like changed, including; what regulations and/or policies to change to better address sacred sites…
Describe how you would like us to consult with you on the draft report to the Secretary… How would you like to receive the draft report?
What HAS worked and is working to protect your sacred sites? Have any tools, or procedures been effective that you would like to see continue?
Discuss any other issues regarding sacred sites with the USDA and FS
More information on Forest Service Tribal Relations policies can be found at the following website: http://www.fs.fed.us/spf/tribalrelations/policies.shtml
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