Hopis, Navajos and a handful of other tribes began laying out their case Tuesday for an appeal of the decision to allow snowmaking with reclaimed wastewater at Arizona Snowbowl.

The tribes contend they weren't adequately consulted before the decision was made.

Further, the decision undermines religious freedoms guaranteed to everyone under the First Amendment by desecrating sacred land and violates the Forest Service's federal responsibilities to care for Native American trust lands.

They also asked for an extension of the public comment period on the Snowbowl decision, which will be headed to Albuquerque for review in 27 days.

Coconino National Forest Service spokeswoman Raquel Poturalski declined to comment on the criticism of the decision until an appeal is actually filed. But she said such appeals rarely lead to a reversal of the original decision.

At a Tuesday press conference, Sierra Club representative and Save the Peaks Coalition member Robert Tohe said the Forest Service failed to consult with tribes properly, which should have included visits to each of the 110 chapters of the Navajo Nation, and failed to give tribes enough time to respond.

"The Forest Service has ramrodded this decision knowing full well the tribes are at a disadvantage when it comes to responding in a timely manner," Tohe said.

Coconino National Forest Supervisor Nora Rasure extended the comment period from 45 days to 60 days to allow the tribes more time, Poturalski said.

Tohe also contended the tribes should have been not just notified, but also asked what they'd like to see happen with the San Francisco Peaks, and perhaps been given the option of taking over management of the ski area.

Tribes far from the Peaks, in New Mexico and in Havasupai, were either not notified or slow to learn about the proposal, Save the Peaks member Jeneda Benally added.

About 350 residents, tribes and agencies received copies of the Forest Service's proposal to allow snowmaking, according to the agency's environmental impact statement. Thirteen tribes were notified, it said, 205 phone calls were made, 41 meetings were held and 245 letters were exchanged.

Meetings were held in Cameron, Kuwanwisiwma, Peach Springs and Tuba City.

Rasure's decision acknowledges that the choice to upgrade the Snowbowl, allowing for snowmaking with reclaimed wastewater and a snowplay area, "will likely have a disproportionately adverse effect on affected Native Americans."

The Environmental Protection Agency said about 156 trees would be removed as part of the Snowbowl upgrade, potentially impacting hawks, three-toed woodpeckers, voles, mule deer and Northern goshawks, but that no endangered species would be harmed.

Delegates from the Hopi and Navajo tribes both vowed to appeal Rasure's decision independently, all the way to Washington D.C. The Save the Peaks Coalition, which includes both tribes, has vowed to appeal as well.

"We will extend and expend all resources necessary to fight this decision," Hopi cultural preservation officer Leigh Kuwanwisiwma said.

A Hualapai representative and Navajo Nation executive staff assistant Cora Maxx-Phillips echoed his sentiments, Maxx-Phillips sobbing a little as she asked others to help her tribe against another threat to its sacred ceremonies and way of life.

Those who appeal have the option of meeting with Rasure from April 25 to mid-May to try to find a compromise.

Rasure previously defended her decision, which cost around $1 million in studies and work, as being the only one that would be suitable to multiple uses, including skiers. As long as access to religious sites is kept open, there is no First Amendment violation, she said.

"We disclosed this would have an adverse affect on Native American and low-income populations and that's all we were required to do" legally in those respects, Poturalski said.

The Save the Peaks Coalition disagrees, saying the Forest Service has a federal responsibility to protect trust lands and sacred sites, the latter under the American Indian Religious Freedom Act of 1978.

"We consider the San Francisco Peaks just as people consider Mount Sinai ... a holy shrine," Dine Medicine Men's Association President Anthony Lee Sr. said.

The Forest Service and the coalition disagree about whether an executive order from then-President Clinton outlaws or only discourages federal agencies from taking any action that could negatively impact poor or Native American populations.

Tribes and environmental groups who originally commented on the snowmaking plan and ski lift upgrade have until April 25 to appeal the decision to the regional forester, Harv Forsgren, in Albuquerque.

Snowbowl users who commented earlier may also send in support for decisions.

Others who were previously uninvolved in the issue may comment, but their comments may not carry the same weight as those originally involved in the snowmaking decision, Poturalski said, because they wouldn't be a party in the appeal.

The address for comments is: 
USDA Forest Service, Region 3
Appeal Deciding Officer
333 Broadway SE
Albuquerque, NM 87102

or email: appeals-southwestern-regional-office@fs.fed.us.

Cyndy Cole can be reached at ccole@azdailysun.com or at 913-8607.

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