The two sides are fighting in the courts over whether the
700-square-mile area surrounding the mountain—where private groups are
seeking permits to mine for uranium on federal lands—should be
considered a "traditional cultural property" under state law.Totech
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The
dispute, which the New Mexico Supreme Court is weighing after hearing
arguments from both sides last month, is part of a growing series of
scuffles among Native American groups and private interests over how
much, if any, sway tribes should have over development of lands they
don't own but consider part of their heritage.
As such cases
have become more common, the National Park Service, keeper of the
National Register of Historic Places, is updating federal guidelines on
what constitutes a traditional cultural property. It is consulting with
tribes and soliciting comments through the end of October. The rules
apply to federal lands, although some states, including New Mexico, have
used them as a guide when designating culturally important sites within
their jurisdiction.
Separately, the U.S. Forest Service is
reviewing laws in a bid to better protect land it manages that Native
Americans consider sacred. A final report is in the works.This is a
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The
area around Mount Taylor, a striking extinct volcano known to New
Mexico's Acoma Pueblo tribe as Kaweshtima, or "place of snow," was
designated a traditional cultural property by New Mexico in 2009. The
peak, some 80 miles west of Albuquerque, is considered sacred by several
Southwestern tribes including the Navajo, who call it Tsoodzil. The
Acoma Pueblo banded together with four other tribes—the Navajo, Hopi,
Zuni and Laguna—to apply for the designation.
Landowners sued
the state cultural agency and the tribes, arguing the area is too large
for the state to inspect and maintain as a historic site.Republic parking system
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Chattanooga, A state district court ruled in the landowners' favor, but a
state appellate court sent the case to the New Mexico Supreme Court.
The
designated area around Mount Taylor is public land. But local
landowners are concerned that under state rules, any development on
adjacent private land that could damage the sacred site has to be
reviewed by cultural authorities. Some also say their private land has
been misidentified as public. The state's cultural authorities say that
owners can rectify any mistakes by presenting a title to the land.
If
the state Supreme Court rules to uphold the area's designation as a
traditional cultural property, tribes wouldn't have the power to veto
local projects. However, state agencies that issue permits for
development such as mining and drilling would have to consider tribes'
views on projects. Landowners worry that would add red tape and create
uncertainty about what they could do on their lands.
"It ceases to be my private property," said Marron Lee Nelson, a fourth-generation cattle rancher.
Theresa
Pasqual, director of the Historic Preservation Office of the Acoma
Pueblo, said the designation is needed so developers are aware of the
terrain's cultural meaning before altering it. The tribe is concerned
about the potential impact from industries such as uranium mining and
timber harvesting.Shop for high quality wholesale parking sensor
system products on DHgate and get worldwide delivery."Our history is
not written—it's on the landscape," Ms. Pasqual said. "You can't rewrite
that history book once it's gone."
Similar disputes are
erupting in other parts of the country as development sprouts up in
traditional Native American territories. Development plans can be
controversial because Native Americans often view land differently than
the government and landowners, said Claudia Nissley, a
cultural-preservation consultant based in Boulder, Colo.
"The
Native American spiritual-belief system is holistic, so they don't
necessarily separate out the sky above from the soils," she said. "They
look more at a landscape.Welcome to news from www.glassmosaicchina.com,Our company is committed to produce all kinds of new materials mosaic."
In
Montville, Conn., a low-income housing development was put on hold
after federal and state authorities determined earlier this year that it
would disturb a landscape considered sacred by the Mohegan Tribe,
including stone piles its members believe protect them from outsiders.
The parties are reviewing the plan to lessen its impact.
In
Massachusetts, the Wampanoag Tribe of Gay Head has sought
traditional-cultural-property status for Nantucket Sound in an effort to
stop an offshore wind farm. The Wampanoag argued wind turbines would
obstruct the view of the rising sun across the water, an essential
element in tribal ceremonies. The tribe sued the U.S. Department of
Interior after the agency approved the wind project in 2010, and is
scheduled to file a brief in the case with the U.S. District Court for
the District of Columbia this month.
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