Re: Devil's Tower ban, protection of sacred sites?
Les Tate (ltate@hiwaay.net)
Wed, 12 Jun 1996 22:39:05 -0600
In regard to the question about the judge's order about allowing
climbers access to Devil's Tower during NA ceremonies and the Executive
Order about Indian Sacred Sites---
An Executive Order applies only to federal agencies. As with many
Executive Orders, the degree with which an agency complies with the
spirit of the EO can (and will) vary widely. Also, take a look at the
wording of the EO again, especially the capitalized words. These leave a
lot of manuvering room for agencies.
"...shall, TO THE EXTENT PRACTICABLE, permitted by law, and not
clearly inconsistent with essential agency functions, (1) ACCOMODATE
access to and ceremonial use of Indian sacred sites by Indian religious
practitioners and (2) AVOID adversely affecting the physical integrity
of such sacred sites."
You will notice that this says nothing about preventing disturbance of
the ceremonies by others or helping ensure that the ceremonies can be
conducted in an appropriate fashion. Maybe that will arrive in the late
mail (perhaps in 50 years or so).
Les Tate
late@hiwaay.net