Devils Tower, Bear’s Lodge, or Bear’s Tipi, whatever we chose to call it was created as a National monument under President Theodore Roosevelt in 1906, like any other national monument such as the Washington monument in Washington DC is supposed to be protected from willful and wanton destruction at the same protecting the rights of those that revere it as sacred site; “under the management of the National Park Service (NPS), which is charged with protecting the natural, cultural, and historical values of the Monument”. 16 U.S.C. 1a-1. (Supreme Court of, FEBRUARY 2000)
Rock climbers in the national park chose to file a lawsuit against the government and the National Park Service claiming that the use of the area by the Native American tribes was in violation of the law by citing the Establishment Clause of the First Amendment saying that the government was forcing them to adhere or be subject to a particular religion. However the court ruled that in favor that there was no basis for their argument since they continue to climb the monument even during the month of June. This was the time of the year that Native American tribes requested that others respect their ceremonies and religious practices. While most climbers chose to respect this there were others that continue to argue that the Sec of Interior violated their rights of climbing by closing the monument to rock climbing during the month of June through the “Final Climbing Management Plan”(FCMP) issued by the Federal Park Service (FPS) who determined that through interviews with perspective climbers that they would respect Native American ritual practices by not climbing during June and that it had little impact on the guides’ businesses. However tribal personnel contend that ceremonies, prayer bundles, etc have been photographed and items removed or disturbed by climbers showing a disregard for religious privacy.
Native American religious views have been subjected to extermination since the creation of reservations and the authorization of Christian groups to convert them into non-pagan practices. However with the implementation of the American Indian Religious Freedom Act in 1978 which requires “a government-wide policy to protect Indian sacred sites and traditional forms of worship. See 42 U.S.C. § 1996 (1994). (United States Court, April 26, 1999). As well as the Native American Graves and Repatriation Act (NAGPRA) passed in 1990 which states “requiring federal land managers, including the NPS, to protect Indian graves, consult with Indian tribes concerning religious and cultural sites and objects, and to repatriate cultural and religious items found on federal lands. See 25 U.S.C. § 3001 (1995).” (United States Court, April 26, 1999), and the National Historical Preservation Act Amendments of 1992 which states “properties of traditional religious and cultural importance to an Indian tribe … may be determined eligible for inclusion on the National Register” and federal agencies, including the NPS are directed to consult “with any tribe … that attaches religious and cultural significance to [such] properties.” 16 U.S.C. § 470a(d)(6)(A)-(B) (1985 & 1998 Supp.) (United States Court, April 26, 1999). These acts and amendments are designed to allow the Native American tribes to openly practice and reestablish their religious beliefs that were forcibly taken away from them. The entrepreneurs that make a living from the visitors to Devils Tower tend to show that “they” the climbers were there first by saying that climbers have been using the area since 1893, however the earliest recorded records show that tribes especially the Lakota have been using the area since 1000 A.D. according to the NPS research “archaeological evidence has revealed that the ancestors to the Lakota people inhabited the Devils Tower area as far back as 1000 A.D.” (United States Court, April 26, 1999)
There are legends and stories from other tribes as well such as the Shoshone, Brule Sioux, Arapaho, Cheyenne, Crow, Kiowa, and others that tell of the creation of the tower relating to children being lost and/or being chased by a bear(s) and calling upon the Great Spirit to save them. While these stories may have a common theme, it shows that more than one tribe had used this area many centuries ago.
The courts found that the petitioners lawsuit had no merit and the FCMP established by the FPS did not infringe upon their business interest or force them into a particular religious belief. It simply asked them to be mindful of the privacy of the tribal ceremonies and advise their customers of the alternate use of the area and respect what was left behind by tribal members and elders. There are other protections and laws in place that could possibly be used to close the area to all climbing if the government so wished it, such as protection of the native wildlife and threatened species. One question that remains to be answered and that is what would the government do if these climbers decided to drive spikes into the Washington monument and climb up and down it? So does the Devils Tower warrant the same protection? One last thing and that is that the Fort Laramie Treaty of 1868 acknowledges the historical use of the area around Devils Tower by the Sioux people.
Cited Works
Burke, P. (n.d.). A legend of devil's tower. Retrieved from http://www.firstpeople.us/FP-Html-Legends/A-Legend-Of-Devils-Tower-Sioux.html
Burke, P. (n.d.). First people. Retrieved from http://www.firstpeople.us/
Devils tower indian legends. (n.d.). Retrieved from http://scienceviews.com/parks/devilstowerlegends.html
Dill, JS. (n.d.). Legal fight over indian religious. Retrieved from http://www.dickshovel.com/twr.html
(n.d.). Retrieved from http://www.justice.gov/osg/briefs/1999/0responses/99-1045.resp.html
Supreme Court of the United States, (FEBRUARY 2000). (No. 99-1045). Washington, DC: Retrieved from http://www.justice.gov/osg/briefs/1999/0responses/99-1045.resp.html
United States Court of Appeals,Tenth Circuit., (April 26, 1999 ). (No. 98-8021.). Washington, DC: Retrieved from http://caselaw.findlaw.com/us-10th-circuit/1211632.html
Eire's Son 18:54, 27 February 2011 (UTC)
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