Ndns & Environmentalists Defeated! - At San Francisco Mtns. Ski Resort, the Snow(toilet)bowl
[Author’s note: I am not going to elaborate so much though would like to very much, but you as readers can determine for yourselves why I present Arizona Daily Sun news excepts along with specific word meanings. I’ll pose a couple of questions: How feasible is it for so-called Native Americans to rely of corporate-based laws to ‘protect’ their ‘limited’ rights? As indigenous peoples of western hemisphere, do we even value Our ancient belief systems as to unite, gather spiritually, and ask the great sacred mountain for forgiveness and allow the sacred to decide rather than some ‘judge’ at the supreme court? Will ‘our’ tribal governments maintain an agency to fulfill and monitor the outlined agreements with the AZ State Historic Preservation of 2004? –SDN2009]
June 9th, 2009: “The religious objections of Indian tribes can't stop the operators of Snowbowl from using recycled sewage to make snow on the San Francisco Peaks, the U.S. Supreme Court ruled by default Monday…”
Without comment, the justices left intact a ruling by the full 9th Circuit Court of Appeals that rejected the claims of several tribes that the use of artificial snow will decrease the "spiritual fulfillment" they get from practicing their religion on the mountain. The tribes argued to the high court that the decision by the U.S. Forest Service, which owns the land, to permit snow to be made from treated sewage runs afoul of the federal Religious Freedom Restoration Act which governs activities on public lands. That 1993 law requires government agencies to use the "least restrictive" means of interfering with any religious practice when considering projects built on federal land.
But the justices, by leaving that 9th Circuit decision undisturbed, adopted the conclusion by that court that putting treated sewage on the mountain does not place a "substantial burden" on anyone's free exercise of religion, the test under that 1993 law to determine whether government plans must be modified. Specifically, the appellate court said nothing about putting the effluent on the mountain stops anyone from practicing his or her religion.
[The American Language]
Religion:
a. Belief in and reverence for a supernatural power or powers regarded as creator and governor of the universe.
b. A personal or institutionalized system grounded in such belief and worship.
4. A cause, principle, or activity pursued with zeal or conscientious devotion.
Pagan:
1. One who is not a Christian, Muslim, or Jew, especially a worshiper of a polytheistic religion.
2. One who has no religion.
3. having, being, or relating to religious beliefs, esp. ancient ones, which are not part of any of the world's major religions
Spirituality: preoccupation with what concerns human inner nature (especially ethical or ideological values)
Legality:
1. The state or quality of being legal; lawfulness.
2. lawfulness by virtue of conformity to a legal statute
3. the quality of conforming to law
4. unlawfulness by virtue of violating some legal statute
[Extra news excerpt]But attorneys for multiple tribes are considering further possible legal or other action to block it.They have the option of asking the Department of Agriculture, which oversees the Forest Service, to undo snowmaking approval, of going to Congress to get laws changed, or of appealing another point of the case.
In essence, the tribes and environmental organizations raised multiple arguments in court about why snowmaking should not be allowed at Snowbowl. (Visit Save the Peaks Coalition at http://www.savethepeaks.org/STPrelease_june8.html)
They included assertions that the U.S. Forest Service had not properly met with all the affected tribes, despite meetings held, and that snowmaking could harm the environment.
Environmental arguments were introduced at the 9th Circuit, but were set aside for procedural reasons.
Tribes could also approach Congress or the Obama administrationto ask for a law specifically aimed at protecting Native American beliefs, said Shanker.
Arizona State Historic Preservation, 2004:
-- The Forest Service will protect plants considered important by the tribes.
-- The agency also agreed to: provide periodic inspections by tribal members to examine specials sites on the Peaks, guarantee access to tribal members, ensure special sites are avoided during development, protect these sites as confidential, give tribes reports detailing impact of snowmaking on plants and animals, and give an annual report to tribes on development at Snowbowl.
With no litigation in any court at this time, construction at Arizona Snowbowl could start this year, say Snowbowl executives.
What's proposed for construction:-- 205 acres of snowmaking
-- 10 million-gallon snowmaking water reservoir near the top terminal of the existing Sunset chairlift, and a pond below the Hart Prairie Lodge
-- 14.8-mile reclaimed water pipeline between Flagstaff and the Snowbowl
-- 3,000 to 4,000-square-foot snowmaking control building in the vicinity of the existing maintenance shop
☼News excerpts from Arizona Daily Sun of Flagstaff
Big Mtn. Elder resisters' stories are amazing. So amazing that 'yours truly' is fascinated about sites like hidden survival niches from during the U.S. Army's round up of the Dineh in the 1860s. The fascination is too great that in order to locate sites elders have to try to remember locations and they even try to draw maps of the terrain. Then hikes are made in attempts to find the sites despite the summer midday heat and the tiny, ferocious-bitting knats.
The Big Mtn. Elders' Stories Project may have no funds but we have some very unique and awesome volunteers that have helped on location, some playing characters or like these 'totally kool' Europeans, here at "the Little Girl in the Tree" scene, assisting with the much needed Technical AV help in remote locations.
Dineh volunteer and non-experienced actor that plays a villian leaps over the camera during a foot chase scene.
Eight year old, "Lil' Sir William," stands next to dad as he has become an excellent photographer and who has been designated as the Project Photographer.
As the biting knats are held back by the occasional breeze in the midday heat, a well-choreographed fight scene requires several takes and several close up shots. The volunteer crew were amazing with everything from enduring the elements, acting, tech-support, repairing props, makeup, to keeping the snacks and drinks happening.
