Page 6 - the NOISE November 2012

NEWSBRIEFS
NATIVE AMERICAN
CHURCH UNDER FIRE BY CINDY J. COLE
L eroy Shingoitewa is Chairman of the Hopi Tribe and spoke over the telephone about his most recent letter, dated October 8th, to Secretaries Ken Salazar and Thomas Vilsak, of the Departments of Interior and Agriculture, respectively. In the letter, he underlined the imminent adverse effects on the federally-threatened Groundsel found adjacent to Arizona Snowbowl, and other risks, associated with the use of reclaimed
wastewater.
What is the new information the Hopi Tribe has uncovered about the use of reclaimed wastewater on the San Francisco Peaks?
Well, we’ve discovered the Groundsel, that has been listed as an endangered plant, will be hurt because of the use of reclaimed wastewater. Especially with the fact we have done some modeling that will show any spraying will not be just settling on the ski resort area, but will be carried over the top of the mountain and into the area the Ground- sel now exists.
Up until this time, how has the Hopi Tribe engaged with the US government regarding this issue?
We have filed all our evidential documents with the Forest Service to tell them we need to go back into consultation in order to take a look at what effects the use of reclaimed wastewater will be on that endangered spe- cies.
And have you found officials appreciative and forthcoming to consult with the Tribe?
Well they haven’t responded back to us. They said they would consult with us, but they haven’t made the formal move to do that. And what concerns us is that it’s taking them too long to get this done. We would have liked very much if they would have come back quickly after they had studied the evidence we had given them and come back and talked with the Tribe regarding our concerns.
What is the next step for the Hopi Tribe?
We will be sending another letter to the Secretary of Interior — which we have pre- pared, and is ready to be sent off — stating that we would like to proceed to get this consultation done. The other side, that may happen, is we would have no other option but to file a suit against the Forest Service and the Secretary of Interior, as they have not yet carried through with their promise to get this consultation over with yet.
In previous environmental suits regard- ing the San Francisco Peaks, the Hopi Tribe has joined with other Native Tribes, even hir- ing the same attorney. Are the Hopi “flying solo” in this current litigation?
Yes, we are doing it ourselves right now. We’ve come to the point of having to carry our arguments for our Tribe to get things done. We are aware of what has been done prior with the use of our cultural be- liefs and that didn’t go well in the courts, and now we have to look at other means in which to engage the Federal govern- ment and really take a more serious look to the harm that may be done because of the use of the reclaimed wastewater. More and more evidence is coming up that there may be some serious implica- tions because of the use of that reclaimed wastewater.
In these new scientific reports, do you now believe you have a smoking gun in re- gards to the risks of reclaimed wastewater irrigating the Peaks?
Yes, we believe we have the evidence to show there is going to be harm done. The Hopi Tribe on its own has paid for scien- tific consultants to take a look at this, and some others have also stepped forward on their own to take a look and see if we are correct in our assumptions.
What is now coming out in the Flag- staff area is more evidence that there are things occurring within the area of the reclaimed wastewater, that certain plants and animals are showing a different type of growth pattern. There is the chance that it could harm the health of anybody skiing up there at that resort.
We just believe that there have not been enough studies done by the Forest Service to say the permits are okay for that reclaimed wastewater to be used, and the Hopi Tribe will continue to work to see what we can do to protect the Mountain.
Can you explain to our readers, how will irrigating Snowbowl with reclaimed waste- water affect the San Francisco Peaks en- tirely?
Like anything else, we believe there should not be “use” of any type of water up there, because of the nature of our beliefs about the Mountain, and also the need to respect the beliefs of what the Mountain holds to our existence.
As Hopis, we not only look out for our people, but we also look out for people throughout the world, to make sure they
are taken care of in a manner that is healthy and that people stay well and are taken care of. So in this respect, the Hopi have stepped up because we believe that one way we can protect our Mountain in to- day’s society is we have to show — through scientific means — that there could be a danger to people and animals and plants.
And at this time they have not stepped up to show that what they are doing is cor- rect, for anybody! I think the sad part is that it all comes down to economics. There is nothing that they have put forward to show that they have any respect for any of the Tribes, any of the people in Flagstaff, and as far as they’re concerned, they believe the only way you can ski is by producing snow. With us, we believe that nature itself should take care of that problem and that business of making snow.
If there were one thing you could say to the owner of Snowbowl, Eric Borowski, what would it be?
I think the one thing I would say to him is: “Would you please come back to the table
and work with us to create a safe environ- ment for the people of Northern Arizona?”
And if there were one thing you could say to a recreational skier, what would it be?
We understand the need for recreation, and the need to enjoy that Mountain, but on the other hand, they should also under- stand that skiing is not a manmade busi- ness where you make snow come. You let the person who has the pride of that Moun- tain, let him produce a healthy place for all people to take advantage of. Because of the beauty of that area — we’re talking about endangered plants right now — but what if it affects everything else up there: the trees, the forest, the grass, the animals of that area? What happens if this goes forward, if it’s going to take place, what happens is that we’re going to see a huge change in many of the natural species of that area. It’ll be too late to go back, it’ll have already been done. And we feel we need to prevent that from happening.
Is there anything else you’d like to say about the current litigation?
We hope that the Forest Service and the Secretary of Interior will truly come back and sit with us, because they are the trust- ees for our Tribes, and in order to be able to trust them, we need to be able to sit one- on-one with them, face to face, and solve the problem that is before us.
Since the James Arthur Ray tragedy here in the Verde Valley in 2009, more people have be- come aware of the existence of sweat lodges in the area and the ceremonies that take place in them. Unfortunately, what happened at Ray’s retreat – the deaths of three individuals in what many would not even venture to call a proper sweat lodge – has created a misconception of the spiritual ceremony and shrouded the per- ception of sweats in a cloud of fear.
James Arthur Ray is serving a prison term for his role in the deaths at his retreat, having been found negligent by the courts. He has been disavowed by Native Indians and non- Natives alike for his lack of training, knowledge, and authority to even attempt to hold a sacred sweat lodge ceremony. Still, many have been unable to separate the fear created by the trag- ic events of 2009 with lodges that are held in a traditional manner by those who are trained and authorized to do so. Some may even feel that government needs to intervene to pre- vent such tragedies from recurring.
In a hearing held on September 11, 2012, Yavapai County’s office of Development Ser- vices ordered members of the All Nations Na- tive American Church (NAC) to cease holding religious ceremonies, including Inipi or sweat lodge ceremonies, and to disassemble the sweat lodge structure, a tipi, and other tents on the Cornville private property rented by Adam
“Yellowbird” DeArmon. Mr. DeArmon is an au- thorized spiritual leader, or priest, of the NAC and the location and structures on the prop- erty he rents have been officially sanctioned by the church.
The hearing came after a complaint was filed against the landlord of the property Mr. DeAr- mon rents. The anonymous protest claimed that Mr. DeArmon was holding large gather- ings on his property and also mentioned the presence of the sweat lodge. Mr. DeArmon faces a $2500 civil penalty if he does not re- move the lodge and other structures on the property and obtain appropriate permits from the county by November 20, 2012.
Boyce Macdonald, Manager of the Plan- ning & Land Use Unit of the Yavapai County Development Services Department, says that the activities Mr. DeArmon wants to conduct on the land are not illegal – he just needs to ob- tain approval for them through permits. In the meantime, he has been ordered to “cease all non-permitted residential use” of the property.
Under section 410 of the county’s Planning & Zoning Ordinance, residential properties can be permitted as “religious institutions (in permanent site built buildings) upon Condi- tional Use Permit approval.” Mr. Macdonald says that all Mr. DeArmon needs to do is obtain the proper permits to be able to continue to
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