Chronology

1862 - 2007

The San Francisco Peaks have been held sacred, since time immemorial, by the Navajo, Hopi, Zuni, Tewa, Haulapai, Havasupai, Yavapai-Apache, Yavapai-Prescott, Tonto Apache, White Mountain Apache, San Carlos Apache, San Juan Southern Pauite, Fort Mcdowell Mohave Apache, and Acoma.

All tribes traditionally hold that if this Sacred Mountain is disturbed by any means, than their ways of life are violated.

The Hopi and Navajo Tribes have historically objected to any development which has had the potential for disturbing this sacred mountain.

The Homestead Act of 1862, which offered 160 acres of free land in the West to settlers willing to move and live on the homestead. This law led to 270 million acres of land passing into private hands.

Late 1800s: First Anglo occupation of the present day Flagstaff area, leading to the persecution and forced removal of many Native American’s from the area.
Early settlers primarily viewed the extensive forests of the San Francisco Peaks region exclusively for their economic value.

1924: United States Congress grants Native Americans the rights of citizenship, including the right to vote, however Arizona does not recognize the native right to vote until much later.

1930s: Several enthusiasts started using an old cabin in Hart Prairie as a base for skiing

1934: United States Congress passes the Indian Reorganization Act to replace policies of assimilation and the breakup of tribal lands with the promotion of tribal cultures and purchase of lands. Elected tribal councils are given power to handle their budgets, hire attorneys, and incorporate.

1935: The Historic Sites Act calls for the preservation of significant national, historical, and archaeological properties, the designation and acquisition of national historic landmarks, and a survey of valuable historic and prehistoric sites.

1937-38: The Coconino National Forest built a ski lodge at the present location of Snowbowl Ski Resort, as well as an access road. At the same time, the Flagstaff Ski Club was formed and operated there under permit from the Forest Service until 1941.

1941: the Ski Club’s “improvements” were purchased by Arnal Corporation.

1948: Arizona finally grants Native Americans the right to vote.

The 1948 Universal Declaration on Human Rights declares that freedom of religion is a fundamental human right. Article 18 reads: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance."

1956: Present lodge built.

1960s: The United States Forest Service began incorporating a policy of sustained planning and multiple use management in an effort to balance grazing, logging and recreation interests.

1966: Passage of the National Historic Preservation Act strengthens national preservation efforts.

1969: The development of a full-scale ski resort with shops, restaurants and lodges was proposed, community and tribal opposition rose in strong response.

1969: The National Environmental Policy Act (NEPA) was a Congressional effort to ensure that federal agencies consider the effects of their proposed actions on the environment. This Act created the Council on Environmental Quality (CEQ), and was followed by other executive orders and implementation documents which elaborate on the specific conditions under which the Act should be used. NEPA was a landmark piece of legislation in that it requires rigorous assessment of both the ecological and cultural impacts of federal undertakings. NEPA specifies that the federal government must "preserve important historic, cultural, and natural aspects of our national heritage."

1970: Summit properties purchased Snow Bowl from Arnal Corporation.

1971: President Richard M. Nixon signs Executive Order 11593 — "Protection and Enhancement of the Cultural Environment" — requiring all federal agencies to inventory cultural properties on their lands.

1974: The San Francisco Peaks Land Use Plan allocates the Snow Bowl permit area to winter sports development.

1974: The Archaeological and Historic Preservation Act is passed requiring all federal agencies to conduct archaeological investigations prior to initiating any project that would disturb or destroy significant cultural remains.

1978: The American Indian Religious Freedom Act (AIRFA) was originally intended to protect all forms of Native American spiritual practices, but the law failed to protect sacred sites in subsequent court tests. AIRFA was a policy statement that had no enforcement power.

1978: Hopi Tribal Council and Navajo Nation submitted comments for the Draft Environmental Impact Statement strongly opposing any development. The Hopi Tribe stated, “it is the policy of the Hopi Tribe to take all appropriate steps to prevent any further development on the sacred mountain, Nuvatukya’ovi.”

1979: After years of debate, legal action, and government intervention, the Forest Service issued its final decision: a new lodge, four new lifts and fifty acres of trails would be added. Appeals to this decision went as far as the Supreme Court, but were denied.

1979: The Archaeological Resources Protection Act (ARPA) strengthens protection of archaeological resources on federal lands by clarifying and expanding the Antiquities Act of 1906.

1980s: Snowbowl underwent Forest Service approved expansions.

Wilson v. Block [708 F. 2d 735 (1983)], Hopi and Navajo attempt to preclude expansion of the Arizona Snow Bowl ski area in the San Francisco Peaks, near Flagstaff.
FN2. The plaintiffs claim that further development of the Snow Bowl could have a serious and adverse impact upon their tribes' cultures and social organization. Abbott Sekaquaptewa, then-chairman of the Hopi tribe, stated in "Narrative Direct Testimony" submitted to the district court:
It is my opinion that in the long run if the expansion is permitted, we will not be able successfully to teach our people that this is a sacred place. If the ski resort remains or is expanded, our people will not accept the view that this is the sacred Home of the Kachinas. The basis of our existence as a society will become a mere fairy tale to our people. If our people no longer possess this long-held belief and way of life, which will inevitably occur with the continued presence of the ski resort ... a direct and negative impact upon our religious practices [will result]. The destruction of these practices will also destroy our present way of life and culture. (Wilson v. Block 1983)

1990: The Native American Graves Protection and Repatriation Act (NAGPRA) is signed into law by President George Bush providing procedures for determining cultural affinity for the purposes of reburying Native American human remains and returning to the tribes burial artifacts and sacred objects.

In 1993, the Native American Free Exercise of Religion Act was introduced, which included provisions for sacred site protection; however, this was dropped and the section protecting the ceremonial use of peyote use was eventually passed as an amendment to AIRFA in 1994.

1994: a draft Declaration on the Rights of Indigenous Peoples was proposed. It is a far-reaching document that has yet to be approved by member nations. Two particular articles have direct relevance to the protection of sacred lands. Article 13 states: "Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of ceremonial objects; and the right to the repatriation of human remains. States shall take effective measures, in conjunction with the indigenous peoples concerned, to ensure that indigenous sacred places, including burial sites, be preserved, respected and protected." Article 25 states: "Indigenous peoples have the right to maintain and strengthen their distinctive spiritual and material relationship with the lands, territories, waters and coastal seas and other resources which they have traditionally owned or otherwise occupied or used, and to uphold their responsibilities to future generations in this regard."

1996: Executive Order 13007 instructed every federal agency to evaluate their policies regarding Native American sacred sites. Land managers were ordered to: "(1) accommodate 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" and to "maintain the confidentiality of sacred sites."

1997: Snowbowl Resort proposed the addition of another 66 acres of trails, along with major upgrading of existing trails, stating that these developments are within the legal scope of the original 1979 Forest Service decision. However, the Forest Service, at least partially in response to continued opposition from Native Americans and conservationists, has ruled that before any new development is approved, a new Environmental Impact Statement (EIS) must be completed at the resort's expense

1998: Resolution of the Navajo Nation Council to Oppose the Desecration of Dook’o’osliid (San Francisco Peaks) also calls to dismantle existing facilities.

1998: A proposal by Tufflite to expand the White Vulcan pumice mine on the San Francisco Peaks served to unite Native Americans and local conservationists in opposition. Secretary of the Interior Bruce Babbitt joined the opposition in early 1999, and on August 28th an agreement was forged between Tufflite and the federal government to close the mine within 6 months, and guarantee full restoration of the site within 5 years. In addition, Tufflite agreed to relinquish all of their 49 mining claims, approximately 8000 acres, and withdraw their pending patent application to turn 20 acres of the mine into private land. Subject to appropriation by Congress, the government will pay Tufflite $1 million, and dismiss its pending legal action against the company.
The Forest Service also recommended to Secretary Babbitt a 74,000-acre mineral withdrawal around the Peaks, which would prevent any new mining claims for 20 years.

Forest Service files a request to designate the peaks as a Traditional Cultural Property. This designation would permanently exclude mining on the mountain and is currently in review.

July, 2002: Sacred land protection legislation was introduced at the federal level and in California. H.R. 5155, The Sacred Lands Protection Act, introduced on July 18, 2002 by Congressman Nick Rahall (D, WV), and S.B. 1828, The Native American Sacred Sites Protection Act, sponsored by State Senator John Burton (D, San Francisco).

February 2, 2004: Forest Service issues the Draft Environmental Impact Statement on proposed Snowbowl development which indicates its support for the plan to make snow from reclaimed wastewater, cut 74 acres for trails, add a new lift and expand its existing facilities.

February 2, 2004: Save the Peaks Coalition formed to address environmental and human rights concerns with Arizona Snowbowl’s proposed developments.

March 8th, 2005: Coconino Forest Supervisor Nora Rasure approved the Snowbowl proposal rejecting numerous administrative appeals. 

June 23, 2005: The Sierra Club joins with the Navajo Nation, the Yavapai-Apache Nation, the White Mountain Apache Tribe, the Flagstaff Activist Network and the Center for Biological Diversity in legal action to stop the U.S. Forest Service from allowing the Arizona Snowbowl to expand its operations and extend its season using artificial snowmaking. The Hopi Tribe, DNA People's Legal Services Inc. representing the Hualapai Tribe, and other tribal individuals also file suits.

October 12, 2005: Navajo Nation, et al v. USFS, et al trial begins at the U.S. District Court in Prescott, AZ based on lawsuits addressing: that the USFS decision violates the Endangered Species Act, snowmaking will violate the Religious Freedom Restoration Act, the FS decision has disproportional adverse effects on Native Americans, the USFS decision violates the National Historic Preservation Act and that the National Forest Management Act has not been followed.

January 11, 2006: U.S. District Court Judge Paul Rosenblatt issues decision against tribes and environmental groups in a 62-page ruling.

September 14, 2006: 9th Circuit Court of Appeals hears Oral Arguments in San Francisco, California.

December 13, 2006: In a “behind closed door” deal, the Flagstaff City Water Commission administratively renews its contract to sell reclaimed wastewater to Arizona Snowbowl for snowmaking for 5 more years.

March 12, 2007: The 9th Circuit Court of Appeals overturns the lower court ruling. This ruling establishes protection for the Sacred San Francisco Peaks from Arizona Snowbowl's development and wastewater snowmaking plan.

May 30, 2007: the United States Department of Justice on behalf of the Forest Service files for a rehearing and appeal "en banc" in the case to protect the San Francisco Peaks in Northern Arizona.

December 11, 2007: En Banc court proceedings held in Pasadena, CA.

References:
Arizona Snow Bowl Ski Area Proposal, Final Environmental Statement 1979.
Anderson, M.F. 1998. Living at the Edge: Explorers, Exploiters and Settlers of the Grand Canyon Region. Grand Canyon Association, Grand Canyon, AZ, 184 pp.
Cline, P. 1976. They Came to the Mountain: The Story of Flagstaff's Beginnings. Northern Arizona University with Northland Press, Flagstaff, 364 pp.
Kaufman, C.A. 1997. The San Francisco Peaks: Three Aesthetic Views of a Natural Area. M.S. Thesis, Northern Arizona University, Flagstaff, 115 pp.
Notarianni, D.M. 1985. The San Francisco Peaks controversy: application of the segmentary-opposition model to an intercultural conflict. M.A. Thesis, Northern Arizona University, Flagstaff, 69 pp.
Phillips, K.A., Niemuth, N.J., and Bain, D.R. 1997. Active mines in Arizona. Arizona Department of Mines and Mineral Resources, Directory 46, Phoenix, AZ, 28 pp.
www.sacredland.org/legal.html
http://www.ic.arizona.edu
Oral testimony