News Release, December 2, 1995
San Carlos Apache Tribe asks Justice Dept. for criminal investigation on Mt.
Graham
Kolbe introduces Interior Appropriations Rider to cover-up criminal
activities and civil rights violations
On November 15, 1995, the San Carlos Apache Tribe asked Attorney General
Janet Reno, (202 225 4501) to investigate "Probable violation by U.S. Forest
Service officials of (1) 18 U.S.C. 371: Conspiracy to commit offense or to
defraud United States and of (2) 18 U.S.C. 1001: Prohibition against fraud
or false statements in a Government matter." The violations were related to
the Forest Service's cutting of trees on Mt. Graham on December 7, 1993.
On December 7, 1993, under cover of darkness, at 5 AM, the Forest Service
secretly allowed the cutting of more than 500 ancient trees in an area
sacred to the Apache. The Forest Service allowed the cutting without
affording the Tribe adequate time to prevent the cutting.
Even though the trees were marked for cutting by at least November 23,
1993, the Forest Service sent a warning letter to the Tribe that was dated
December 1, 1995. Even though the Forest Service knew that the area is
sacred to the Apache, before the Tribe had the opportunity to act, the
Forest Service allowed the cutting of the trees.
The Forest Service letter, signed by former Coronado Forest Supervisor Jim
Abbott, stated:
"RE: Mt. Graham International Observatory...The University of Arizona has
submitted a proposal for the final location for the Large Binocular
Telescope...A map of the location is enclosed...The selected location is on
Emerald Peak...I am writing you to inform you of the University's selected
location, and to suggest that we meet to discuss any concerns that the Tribe
may have."
The Tribe is asking for the investigation under the criminal statutes
controlling fraud and conspiracy to defraud. The Forest Service actions
also violated the American Indian Religious Freedom Act, the American Indian
Religious Freedom Act, the First Amendment to the Constitution (religious
freedom), the Fifth Amendments of the Constitution (due process), the
National Environmental Policy Act, the National Historic Preservation Act,
the Endangered Species Act and the Administrative Procedures Act.
In an attempt to cover - up actions such as these, including those
violating civil and religious rights, Congressman Jim Kolbe (R - Arizona)
has asked for a Rider to the Interior Appropriations bill. Congressman
Kolbe is trying to re-write the 1988 Arizona-Idaho Conservation Act which
established the Mt. Graham telescope project, but limited it to an area
different from where the trees were cut.
On November 30, 1995, in addition to the San Carlos Apache Tribe, the
Jicarilla Apache Tribe, the White Mountain Apache Tribe, the Camp Verde
Yavapai Apache Tribe, the Apache Tribe of Oklahoma, and the Ft. Sill Apache
Tribe all sent a letter to the U.S. Congress stating:
"We request that you stop the inclusion of any amendment to the Interior
Appropriations bill that by-passes federal laws and the tribal and human
rights of our tribes. Specifically, we oppose any amendment that exempts
the Mt. Graham International Observatory project from laws that protect our
cultural domain. Mt. Graham (Dzil nchaa si an) is a holy place, a sacred
mountain to the San Carlos and White Mountain Apache people...The San Carlos
Tribal Council and all known San Carlos medicine practitioners have opposed
this project -- including four resolutions by the tribal government. Please
do not approve any amendment about Mt. Graham to any bill in a conference
committee or on the House floor with no hearings, no review by our
governments or elders, and no contact and comment from our people..."
Congressman Ralph Regula (R - Ohio), (202) 225 3876, is the Chairman of the
Interior Appropriations Committee. Whether the Rider has the blessing of
House Speaker Newt Gingrich, (202) 225 4501 is not certain at this time.
For Information: Mrs. Ola Cassadore Davis, ASC Chairperson, (520) 475 2543