Navajo President: Using Reclaimed Water on Sacred Peaks 
is the Same as Genocide

by Kathy Helms Diné Bureau
Gallup Independent 
16 April 2004
   

FORT DEFIANCE — Using reclaimed wastewater on the San Francisco Peaks' Snowbowl amounts to desecration of a sacred Holy site of the Navajos, said Navajo Nation President Joe Shirley Jr. By allowing this desecration "the United States of America will commit genocide."

Somewhere between bond issues and the Bush budget, the president found time to deliver this comment and others in writing on behalf of the Nation to Coconino National Forest asking for an extension of the public comment period and meaningful consultation on the proposed Arizona Snowbowl Facilities Improvement plan.

The president's comments were faxed to the forest service from the president's Budget Advisory Council meetings in Herndon, Va., and arrived safely just hours before the comment period ended at midnight Tuesday, according to Deana Jackson, senior public information officer. A story in Wednesday's Independent incorrectly stated that the president's comments were a day late.

"There has been some confusion about the deadline,"J ackson said Wednesday. "But we clarified that the deadline was yesterday and we got it in actually about 6 o'clock yesterday evening."

President Shirley based his request for an extension of the comment period on an executive order of President Bill Clinton in 2000 that recognized the unique legal relationship between American Indian tribes and the United States of America. That executive order provides for meaningful consultation and coordination between tribal and federal governments.

Because the president just received a copy of the Draft Environmental Impact Statement (DEIS) and because four agencies of the Navajo Nation out of five also would like to see a copy, President Shirley requested a 60-day extension and a meeting with forest officials.

The president gained immediate support from the Save the Peaks Coalition.

"Due to the Forest Service's lack of tribal consultation, we believe they have not done an adequate job, as only a few have information on the EIS," said Robert Tohe, coordinator of Save the Peaks. "We agree with President Shirley in requesting an extension and commend his office in continuing to stand for his people."

Save the Peaks has several concerns with the DEIS on the purpose and need for the proposed action. The coalition said the purpose is described as necessary "to ensure a consistent and reliable operating season, thereby maintaining the economic viability of the Snowbowl and stabilizing employment levels and winter tourism within the local community."

However, Save the Peaks points out, under the Social and Economic Resources section (page 3-71), the DEIS states numerous times that the Snowbowl's contribution to the Flagstaff and Coconino County economies is insignificant.

For example, the group says, on page 3-113"... even a cursory examination of the scope of the ski area operation in comparison with the full scope of the Flagstaff area economy makes it clear that the ski area is of insufficient size to be a dominant driver of trends in tourism or the broader economy." The DEIS further states that although the Snowbowl does not "drive" the Flagstaff area economy, the ski area does provide jobs, and ski area visitors are positive contributors to that economy.

Native American shoppers and businesses account for a significant portion of the town's economy and there has been talk among some of the tribes to forego shopping sprees in Flagstaff.

Under the preferred alternative selected by the forest service in the DEIS, reclaimed wastewater would be used to make artificial snow at the ski resort.

President Shirley said, "The San Francisco Peaks is the essence of who we are ... and is the Holy house of our sacred deities whom we pray to and give our offerings. It also is where sacred herbs for healing are gathered."

The National Congress of American Indians in a resolution adopted at the 2002 annual session in San Diego, Calif., resolved to assist the southwest tribal nations "to stop the expansion of the Arizona Snowbowl at the sacred San Francisco Peaks which are now considered eligible for listing under the National Register of Historic Places."

The Native American Church of Navajoland (NACNL) in March unanimously passed a resolution (142-0-0) strongly opposing the Snowbowl project. Members said that while freedom of religion for all people is an inherent right guaranteed by the First Amendment of the United States Constitution, the Native American Church of Navajoland has experienced religious persecution in its use of the sacrament peyote through unfavorable court decisions and suppressive enforcement of tribal, state, and federal laws. Passage of Public Law 103-344, the American Indian Religious Freedom Act of 1994, provides protection for the free exercise of traditional Native American religion and practices, the church says.

"One of our four sacred mountains, Dook'oos'liid, 'Shining Clouds on Top' is being considered for expansion of recreational facilities and artificial snowmaking for the enjoyment of a few (skiers) at the religious and cultural expense of 13 Native American area tribes.

"The proposal of artificial snowmaking with reclaimed waste water is an affront to Native American religion, culture, identity, and value system as well as the seasonal cycles of nature. ... Dook'oos'liid should be conserved and preserved in a natural state with normal seasonal cycles to ensure harmony and respect.

"Furthermore, the conservation and preservation of the sacred Dook'oos'liid should be a reaffirmation that traditional Native American religion can be respected as an integral part of our beliefs, culture, traditions and heritage," church members said.

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