2004-07-06 P & Z Packet - Laserfiche WebLink

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The Law and American Indian burial mound protection Page 3 of 4 Executive Order 13007--lndian Sacred Sites Executi ve Order 13007, Indian Sacred Sites, 1996 24 May. Indian Tribes and the Section 106 Review Process Indian Tribes and the Section 106 Review Process at the website for the Advisory Council on Historic Preservation. The Citizen's Guide to Section 106 Revised Section 106 Regulations. Final Rule. 2001 11 January. American Indian Religious Freedom Act This First Amendment Cyber- Tribune page shows the text of the American Indian Religious Freedom Act enacted August 11, 1978, which states it's the "policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites." American Indian Reli~ious Freedom Act Amendments of 1994 may be viewed at "The Vaults ofErowid." Court Cases The G-O Road Read about the G-O Road Case - - article by Andy Cochrane. In 1957, the GO road, or Gasquet-Orleans Road, which would allow logging of a remote area "rich in Conifers", began construction in what is now the Six Rivers National Forest in the Siskyou Mountain Range. 1973 brought the first public Indian opposition to it, on the grounds the road would go through an area where Yurok sacred ceremonies were practiced. A number oflegal battles followed, and in 1987, on the back of the 1978 Indian Religious Freedom Act, the case made its way to the Supreme Court. An injunction against the completion of the road was overturned 5-3. Sandra Day O'Connor stated the construction of the road wouldn't prohibit Indians :from practicing their religion, likening the government's right to build a road on its own property to its right to issue every citizen a social security number. Justice William Brennan, writing the dissenting opinion, stated this decision left the Ind ians with no constitutional recourse to the gravest threats to their religious practices. Meanwhile, on the Environmentalist front, "efforts were being made to close the corridor in the Wilderness Area. In 1990, as a rider to the bill that established the Smith River Wild and Scenic National Recreation Area, the matter was finally decided, and the corridor was closed. The uncompleted section http://www.ibsgwatch.imagedjinn.comllearnllaws.htm 6/8/2004