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Collaboration for Protection of a Sacred Site: A Case Study on Tamanowas Rock
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Date
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2013
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Creator
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Blumhagen, Stephanie A
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Environmental Studies
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Collaboration for Protection of a Sacred Site: A Case Study on Tamanowas Rock
by
Stephanie Blumhagen
A Thesis
Submitted in partial fulfillment
of the requirements for the degree
Master of Environmental Studies
The Evergreen State College
June 2013
©2013 by Stephanie Blumhagen. All rights reserved.
This Thesis for the Master of Environmental Studies Degree
by
Stephanie Blumhagen
has been approved for
The Evergreen State College
by
________________________
Thomas B. Rainey, Ph.D
Member of the Faculty
________________________
Date
ABSTRACT
Collaboration for Protection of a Sacred Site: A Case Study on Tamanowas Rock
Stephanie Blumhagen
Across the globe there are places set apart, designated as places of worship,
reflection or other sacred use. Many sites are held sacred by indigenous groups
and are integral to the preservation of traditional cultures and religions as well as
the preservation of land and species. In the United States, many of these sites are
on land lost during colonization and are threatened by encroaching development
or desecrated by use incompatible with their sacred status. One of these sites,
Tamanowas Rock, a monolith in the Pacific Northwest, has recently been
protected in perpetuity by the collaborative efforts of the Jamestown S'Klallam
Tribe, Jefferson Land Trust and Washington State Parks. The Jamestown
S'Klallam Tribe now owns this sacred site and it is protected by a conservation
easement. This case study shows how cross sector collaboration between a tribe, a
non-profit and a state government agency was an effective tool for the
preservation and continued management of this sacred site. By collaborating
across sectors those working to protect sacred sites can leverage additional
resources, increase community awareness of their efforts and ensure that efforts
toward protection address spiritual, cultural and ecological values of the site.
Increased collaboration is useful and necessary in natural resource management,
and particularly in protecting sacred sites.
Table of Contents
Contents
Introduction ............................................................................................................. 1
Tamanowas Rock: A Case Study............................................................................ 2
Tamanowas Rock's Dual Identities: Sacred site, Non-sacred Use.......................... 6
The Process of Protecting Tamanows Rock ......................................................... 12
The Jamestown S'Klallam Tribe ........................................................................... 13
Jefferson Land Trust ............................................................................................. 17
Washington State Parks ........................................................................................ 20
Site Stewardship and Management ....................................................................... 30
Analysis................................................................................................................. 33
Methodology: Why a Case Study? ....................................................................... 35
Collaboration......................................................................................................... 38
Tribes and land trusts ............................................................................................ 42
What is a sacred site? ............................................................................................ 43
The Social and Cultural Value of Sacred Places .................................................. 46
Ecological Value of Sacred Places ....................................................................... 49
Threats to sacred places ........................................................................................ 51
Who is protecting sacred sites? ............................................................................. 56
Legislation and Sacred Sites ................................................................................. 62
Recommendations for Further Research ............................................................... 70
Conclusions ........................................................................................................... 71
Bibliography ......................................................................................................... 74
iv
List of Figures
Figure 1 Image of Tamanowas Rock ........................................................................................... 2
Figure 2 The Quimper Peninsula resembles a dragon with Tamanowas Rock
at the dragon's heart ..................................................................................................................... 4
Figure 3 Three separate parcels were purchased: The Nicholson Short Platt,
the Phase One property and the Tamanowas Rock property ................................................ 22
v
Acknowledgements
I gratefully acknowledge the following people for their contributions to this
project.
Thank you to my thesis reader Dr. Tom Rainey for his patient guidance and
direction, recommendations for further reading and comments on my work. Thank
you to Dr. Barbara Leigh Smith and Dr. Linda Moon Stumpff for allowing me to
participate in the Enduring Legacies Native Case Studies 2011 Native Cases
Institute at which the idea for this case study took shape. Thank you to Dr.
Barbara Leigh Smith for suggesting I study Tamanowas Rock. Thank you to Dr.
Linda Moon Stumpff whose case study on the San Francisco peaks provided
inspiration and whose Natural Resource Policy elective and workshop on
respectful approaches to research involving Native American tribes helped me
write this thesis.
Thank you to Gideon Cauffman, Cultural Resources Specialist for the Jamestown
S'Klallam Tribe, for his time, encouraging words, and support of this project. I am
grateful that Gideon and the Jamestown S'Kallam Tribe have been supportive of
this project and allowed me to sit in on a working group meeting. Thank you to
Sarah Spaeth , Executive Director of Jefferson Land Trust for sharing her insight
and taking the time to provide an interview.
Thank you to my parents, Karen and Arlo Blumhagen, and aunt and uncle,
Raylene and John Nickel for unending encouragement and instilling in me a sense
of place and love of land.
Thank you to the MPA and MES faculty for sharing your knowledge and thank
you to all of my MPA and MES classmates for the shared ideas, good words and
fun times. You made graduate school wonderful.
vi
Introduction
Across the globe natural places with spiritual significance are set aside for
worship or special use. These sacred sites are significant not only for their
spiritual, but also for their cultural and ecological value. Many of these sites face
threats to their existence or to their sacred status and various groups have
undertaken the work of protecting sacred sites. In North America the most
threatened sacred sites are those that are sacred to Native American Tribes. This
case study describes Tamanowas Rock, a Pacific Northwest sacred site and the
collaborative efforts of the Jamestown S'Klallam Tribe, Jefferson Land Trust and
Washington State Parks to purchase the land and protect this site in perpetuity.
In this case study I've examined whether cross sector collaboration is an
effective tool in sacred site protection. I've described the collaborative process
between the Jamestown S'Klallam Tribe, Jefferson Land Trust and Washington
State Parks as they worked to protect Tamanowas Rock on the northeastern corner
of the Olympic Peninsula. After describing this process and analyzing the
surrounding circumstances I found that increased collaboration is an effective tool
in sacred site protection and suggest that more collaboration is needed in the
realm of sacred site protection and in most areas of natural resource management.
1
Tamanowas Rock
Rice, Peninsula Daily News, 2013
Tamanowas Rock: A Case Study
Tamanowas Rock is an ancient volcanic rock on the northeastern part of
Washington's Olympic Peninsula that is sacred to the people who have inhabited
this area since time immemorial. This giant egg-shaped monolith is nestled into a
tree-covered hillside overlooking the forests of the peninsula and the waters of the
Hood Canal. For centuries it has been a place of ceremony and spiritual renewal
for many Pacific Northwest tribes. Like other sacred sites in North America and
around the globe, Tamanowas Rock has been threatened by development and
used as a recreational site by those lacking understanding or respect of its sacred
2
status. The Jamestown S'Klallam Tribe has worked hard to reclaim this place to
protect it from encroaching development and preserve its sacred identity and to
this end has collaborated with Jefferson Land Trust and Washington State Parks
to purchase the site.
The rock is over 150 feet tall, dark grey and rough. It has stood here for
thousands of years, slightly apart from a cliff of the same material, and appears to
have split away from the cliff. A trail to the site enters into a protected dished
areas between the rock and the cliff face.
Most noticeable are the many
rounded hollows and caves in the rock's surface, called "huecos." These were
likely left by gas bubbles when the rock formed. (Staffki 2009)
Tamanowas Rock is an igneous rock. Made of adakite, it formed below
the earth's surface as either magma or lava hardened. Adakite forms from mantle
material mixed with "felsic" (rich in feldspar and quartz) partial melts of
descended slabs of oceanic crust basalt and is pushed to the surface along the
margins of a fault. Adakites typically form in subduction zones and have also
been found in Tibet in the zone where two continents collided. (Adakite 2012)
Tamanowas Rock and other rocks at this site were formed 43 million years
ago during the Eocene Period following a period of widespread rift-related
volcanism on the Olympic Peninsula. Tamanowas Rock pre-dates the period of
subduction-related volcanism associated with the modern Cascade Range.
According to a recent lecture by Dr. Jeff Tepper of University of Puget Sound,
studies suggest Tamanowas Rock is an example of “slab window volcanism.”
3
This unusual process occurs when a sea floor spreading ridge enters a subduction
zone. (Oppenheimer, 2013)
Tamanowas Rock is located on a smaller peninsula jutting out from the
northeastern corner of the Olympic Peninsula. If you look at a map of the
Olympic Peninsula with an imaginative eye you can find the shape of a dragonlike creature on the northeastern corner. Port Townsend is right where the
dragon's fire breathing mouth would be, shooting flames toward Whidbey Island.
The dragon's long tail is the Toandos Peninsula separating Dabob Bay from Hood
Canal. The region that is the dragon's head and neck is called the Quimper
Peninsula and at the base of this peninsula, right about where the dragon's heart
would be is Tamanowas Rock.
Viewed from above, the Quimper Peninsula resembles a dragon. Tamanowas Rock
is the dragon's heart. (No-Qui-Klos: The Dragon of Tomanowas Rock 2011)
4
On the Quimper Peninsula, Tamanowas Rock can be seen from Center
Road which heads north from Quilcene. Across from Red Dog Farm, roughly a
mile south from Chimacum, one can look to the northwest, and clearly see the tall
oval rock tucked into the hillside like an egg in a nest. Here on the northeastern
corner of the Olympic Peninsula, Tamanowas Rock is part of a unique
ecosystem.
Comprising the northwestern most corner of the United States, the
Olympic Peninsula originated on the Juan de Fuca plate, separate from the North
American plate that supports the rest of the continent. As the Juan de Fuca plate
subducted or slid under the North American plate, rocks and other material were
scraped off of the Juan de Fuca plate and accreted to the North American plate.
This accreted material is now the forested mountains of the Olympic Peninsula,
bounded on the west by the Pacific Ocean and the deep fjord we call the Hood
Canal on the east. The northern boundary of the peninsula is the Strait of Juan de
Fuca. The Olympic Mountain range running across the middle of the peninsula
provides another boundary.
Because of its coastal location and the moisture-trapping Olympic
Mountains, the western side of the Olympic Peninsula is extremely wet, with
some areas receiving over 200 inches of rainfall annually. The eastern side of the
peninsula where Tamanowas Rock is located, is considerably drier receiving
around 25-40 inches of rain annually. This area is often referred to as the "banana
belt" of the Olympic Peninsula. The forests here are composed of coniferous
5
species more tolerant of drier conditions such as Douglas Fir (Pseudotsuga
Menziesii).
Tamanowas Rock lies within Jefferson County which spans the top of the
Olympic Peninsula. The county has a population of about 29,000 with 9,129 of
those people living in Port Townsend, the largest city and home to a paper mill
and a hospital, the largest employers in the area. Historically industry here has
focused on ship building, sawmills, farming, logging and canneries. Today the
eastern portion of the county is becoming more and more reliant on tourism and
home to an increasing number of retirees. (Jefferson County Washington 2013)
Tamanowas Rock's Dual Identities: Sacred site, Non-sacred Use
Covered in caves, crevices and cliffs, Tamanowas Rock has been a sacred
place for the inhabitants of this area perhaps going back 10,000 years and is still
sacred to many Pacific Northwest Tribes today. (Jefferson Land Trust, 2012)
“Tamanowas” is also spelled “Tamanous” and comes from Chinook Jargon, a
common trade language used on the Pacific Northwest coast between tribes and
fur traders. “Tamanowas, for the S’Klallam people means a spirit power of
having knowledge of the future or capacity to see into the future,” said Kathy
Duncan of the Jamestown S’Klallam Tribe. (Carr 2006) The S’Klallam,
Chemakum, Twana, and by extension the Quileute, all have ties to this sacred site.
It is a place of great importance to tribal esteem, cultural integrity and spiritual
practices in general and particularly to the S’Klallam people.
6
Gene Jones, Sr., of the Port Gamble S’Klallam Tribe said of Tamanowas
Rock in the Port Townsend Leader, “It’s the most sacred place for our S‘Klallam
Tribe.” He explained that the name roughly translates to “Guardian Spirit.” He
described his grandfather bringing him to the rock as a child and telling him that
spirits lived in the caves around the rock. His grandfather told him, “It’s the home
of our ancestors. Our spirits are there.” Jones said that respect for the place is
something he's carried through the rest of his life and added, "There’s stories
about people tying themselves to the rock,” Those stories might relate to the huge
tsunami caused by an earthquake on the Cascadia Subduction Zone in 1700. At
one time, he believes the base of the rock was at sea level and that’s how the
caves around the base were formed.” (Burke 2009)
An article from the North Kitsap Herald includes an account of how Gene
Jones' grandfather, a spiritual leader would help people in need of spiritual
guidance by leading them to Tamanowas Rock. There, they would scale the
cratered side of the rock and fast on its summit for three days until their spiritual
path would become clear. "They would find their answer, no matter what it was,"
Jones said. Like his grandfather, Jones has taken people to fast on the rock in the
traditional way. (S'Klallam Tribe Reclaiming Hallowed Ground 2010)
Preservation of this sacred site is part of the indigenous cultural revival
happening in the Puget Sound region. (Carr 2006) Jones has led youth groups to
the rock where tribal youth have cleaned off graffiti, picked up litter and learned
about their heritage and the spiritual value of this sacred site. When Jones visits
7
he sings songs and plays a drum to honor his ancestors. Jefferson Land Trust has
posted a video of Jones drumming and singing at Tamanowas Rock as well as
clips from interviews with Jones about the sacred site. (Video clips can be found
by visiting this web address: http://www.saveland.org/news/News_Detail.aspx?processID=84 or
by visiting www.saveland.org and clicking on "videos" in the upper right corner.)
Tamanowas Rock has been listed in the Washington Heritage Register
since 1976 as a place of significant archeological interest. The rock was
nominated (unsuccessfully) to the United States Department of the Interior as a
historic site in 1977. (Carr 2006)
Tamanowas Rock has another name, Chimacum Rock, which denotes
another identity held by this sacred place. Chimacum Rock has been a favorite
site for local rock climbers as well as picnickers and revelers. (Chimacum is also
the name of the nearby town, started as a housing development for the workers at
a nearby mill.) Like Bear's Lodge (Devil's Tower National Monument) in
Wyoming and Uluru (Ayers Rock) in Australia, Tamanowas Rock (Chimacum
Rock) holds two identities resulting from different groups claiming it as a place of
significance. All three of these places are sacred places to the indigenous people
of their respective areas. All three of these places have also been used as
recreational spots in more recent years.
Tamanowas Rock sits on land that adjoins Anderson Lake State Park and
people have used the area as an extension of the park, for picnicking, building
campfires and rock climbing, all activities considered in conflict with the sacred
8
identity of the place. The S'Klallam and other tribes that hold the place sacred
believe climbing on the rock is offensive to the spiritual ancestral beings that
reside in the rock and that the area around the rock should be treated with respect.
The Tribe says, “Recreational climbing on the Rock and caves is perhaps the most
offensive activity to the Tribal people, who consider this to be physically
disrespectful to the spiritual habitants therein. From a mundane perspective, it
creates liability issues for property owners and managers.” The Jamestown
S'Klallam Tribe’s management plan lists rock climbing as a prohibited use.
(S'Klallam Tribes Joint Report Tamanowas Rock Access Management Plan
December 7, 2010)
While the Tribes believe access to the rock should be restricted, other
users, particularly rock climbers felt they also held the rock sacred in their own
way. In discussions on the Cascade Climbers forum dated shortly after the land
the rock sits on was purchased by the Jamestown S’Klallam Tribe, climbers
indicated they felt that they held the rock sacred in their own way and hoped to
retain access to the rock for recreational climbing. Others expressed openness to
finding an alternative spot in the area for recreational climbing. (malcolm777b
2009)
On his blog, “Whittaker Writes” Port Townsend local and climber Leif
Whittaker notes,
It is easy to complain about a moss-covered rock speckled with old bolt
hangers, shrubs, and Hadlock grime, but at least we have a local place to
climb… A white heart is spray painted on the wall’s face, just one sign of
9
the multiple applications that the rock provides. From painter’s canvas to
drinking spot to after school smoke den, the rock has served greater
Chimacum area since essentially the beginning of time. (Whittaker 2009)
Whittaker describes rock climbing at this spot and many online climbers’
forums and directories include descriptions of climbing routes up the rock, (which
they describe as “chossy” or crumbly), directions to find it and photos of the spot.
(Dreher 2010) (OlympicMtnBoy 2010) ) (Klayton 2009) (malcolm777b 2009)
Another local climber, Stewart Mattheisen, interviewed in a local news
article, said that he had been climbing the rock for almost 20 years and added that
his father took him there as a boy to climb the cable on the back side. A steel
cable, anchored with a loop around a sturdy stump at the base of the rock and
anchored at the top, provides a route up the side of the rock. The rock’s surface is
rough and pitted providing inviting hand and footholds, and the reward at the top
is a panoramic view of the Chimacum Valley, Hood Canal and North Cascades.
Mathiesen advocated for access being maintained for all users, including climbers
and claimed his relationship to the rock was like "a communion with nature."
(Chew 2010)
Unfortunately the steel cable attached to the rock is not the only evidence
of climbing. Climbing anchors are left bolted in to the face of the rock. Not only
is the act of climbing on the rock considered disrespectful by Native Americans
but also leaving gear bolted into the rock defaces the rock and is a further affront
to the site's sacred status. Visitors to the rock have also disrespected this place by
leaving litter, spray painting graffiti on the rock itself and leaving the burned out
10
remains of bonfires behind. Furthermore unmanaged access to the site has
resulted in significant erosion and exposed tree roots around the rock and on the
steep slope on the path approaching the rock. (Jamestown S'Klallam Tribe 2012)
A further threat to Tamanowas Rock came from the site’s beautiful
location and the fact that it was privately owned. The land the rock sits on was
privately owned until the mid-nineties when it was put up for sale and nearly
developed. Had the site been developed, Tamanowas Rock would have been
destroyed. It would have no longer been a place of worship or recreation.
Central to the matter for this and other sacred sites is the issue of
controlled access to the site, particularly when the site is being used for
ceremonial purposes. The issue is not so much restriction of access to
Tamanowas Rock as restriction of activities that can occur there. The
management plan produced by the Jamestown S’Klallam Tribe specifies that only
the following activities are allowed: “tribal sacred ceremonies, scientific and
educational study, and limited public use: access for quiet use and enjoyment,
passive recreation such as bird watching, nature observation, walking, etc."
(Jamestown S'Klallam Tribe 2012) People unaffiliated with the Tribe (the public)
may go to the spot, so long as they enjoy the place peacefully and unobtrusively,
leaving no trace of their presence there.
As attached as local rock climbers may be to their local climbing spot and
their view, the rock’s identity as a sacred place should take precedence over its
recreational use. Tamanowas Rock was used as a place of ceremony long before
11
the first climber scaled the rock’s face. Tamanowas Rock and other sacred sites
are places of worship and should be owed the same respect given a cathedral,
mosque or temple.
In order to protect Tamanowas Rock and the area surrounding it, ensuring
that it is preserved and managed for its cultural, spiritual and natural value, the
Jamestown S’Klallam Tribe has worked closely with the Jefferson Land Trust and
Washington State Parks Commission to purchase the land and protect this sacred
site for future generations.
The Process of Protecting Tamanows Rock
As a sacred site and a recreational site, Tamanowas Rock has, in short,
long been a significant place to the residents of the Quimper Peninsula. Though
the land was under private ownership, Jefferson Land Trust, the Jamestown
S’Klallam Tribe and Washington State Parks all viewed the site as a property of
interest. While their respective interests in the property were compatible, each
organization had their own motivations and bureaucratic procedures for protecting
the site.
The Jamestown S'Klallam Tribe was concerned about the spot because of
the spiritual and cultural value the place held for their tribe. The Tribe is
concerned about reviving and maintaining traditional culture and practices, and
reclaiming this sacred site was integral to that cultural revival. Jefferson Land
Trust was interested in the site because of their commitment to preserve open
space in Jefferson County and because both tribal and non-tribal members in
12
Jefferson County placed high importance on the place. Washington State Parks
was interested in the spot because it adjoins their own property, Anderson Lake
State Park. I've provided some background on each organization in order to help
the reader understand each of their motivations for participating in collaborative
efforts to protect this site.
The Jamestown S'Klallam Tribe
S’Klallam is the modern nglish spelling of the phonetically spelled,
n x s y m which means “the strong people.” The 576 enrolled tribal members
of the Jamestown S'Klallam Tribe are one of three S’Klallam Tribes: the Lower
lwha S’Klallam, the Port Gamble S’Klallam and the Jamestown S'Klallam. The
Jamestown S'Klallam Tribe provides services to 640 Native Americans, including
Jamestown S’Klallam and other tribes. The Tribe's Land Consolidation Area
stretches as far west as Port Angeles, as far east as Port Hadlock and south along
Highway 101 to Quilcene and includes some area around Brinnon. The Land
Consolidation Area is the area within which the majority of tribal members live,
fish, hunt and gather and where the Tribe engages in Economic Development,
businesses management and natural resource work. (Jamestown S'Klallam Tribe
Introduction and Overview 2008,2010)
Much of the traditional territory of the S'Klallam people was lost to the
tribe with the Point No Point Treaty signing. Their territory originally stretched
across the Olympic Peninsula “from the Hoko River to the east side of Discovery
Bay into Port Townsend Bay including Indian Island, Marrowstone Island, Oak
13
Bay and Whidbey Island.” (Jamestown S’Klallam Tribe Introduction and
Overview 2008,2010). In January 1855 leaders of the S'Klallam, Chimacum and
Twana Tribes signed the Treaty of Point No Point, ceding hundreds of thousands
of acres of their homelands to the United States Government. The Tribes retained
the right to gather, hunt, and fish at their “usual and accustomed” areas and were
to receive educational and medical services from the federal government. The
Tribal leaders who signed the treaty believed their people would retain the right to
stay in their traditional homelands and thought a reservation would be established
within their traditional territory for hunting, gathering and fishing. However the
treaty stated that the S’Klallam were to move to the Skokomish reservation
further south along the Hood Canal. (Jamestown S'Klallam Tribe Introduction and
Overview 2008,2010) The S'Klallam chose not to move to the Skokomish
reservation, and many chose to stay near their traditional lands and fishing
grounds.
Several S'Klallam families pooled money to purchase their own land in
1874. Under the leadership of Lord James Balch, the son of one of one of the
signatories to the Point-No-Point Treaty, these families raised $500 to purchase
210 acres near Dungeness along the Strait of Juan de Fuca, north of Sequim. In
honor of Lord James Balch, this land was named Jamestown. The approximately
100 people who lived there became the Jamestown S’Klallam.
Under Termination Policy in 1953 the Federal Government no longer
recognized the Jamestown S'Klallam Tribe and stopped providing any services to
14
them. The aim of Termination, which lasted until 1964, was to end the recognition
of Tribes and their special federal trustee relationship with the federal
government. Tribes became subject to state laws, and their lands were converted
to private ownership. Over 100 tribes were terminated, and over 1.37 million
acres of trust land were removed from protected status. Over 13,000 Native
Americans lost tribal affiliation. (Indian Termination Policy 2013) The
Jamestown S'Klallam Tribe was not a federally recognized tribe, partly because
they chose to remain on the land they had purchased themselves rather than move
to a reservation.
The Jamestown S’Klallam began working toward federal recognition in
the late 1960’s when it became clear that federal recognition would help provide
much needed healthcare and education and secure their hunting and fishing rights
(The Boldt Decision upheld Tribal Treaty rights in 1974). The Tribe worked
diligently gathering the documentation needed to prove they had long been
organized and “functioned as a cohesive political unit.” (Oppenheimer, Nesse, et
al. 2011) When they finally filed their petition, their records were so complete
that their petition was moved up to the second slot in the long waitlist of those
petitioning for federal recognition because the government wanted to use them as
a test case to provide examples for others. (Oppenheimer, Nesse, et al. 2011)
On February 10, 1981, the Jamestown S’Klallam became a Federally
recognized Tribe. Since then the Jamestown S'Klallam Tribe has formed a stable,
professional operational structure for its government which is headquartered at
15
Blynn, to the northwest of Tamanowas Rock. Overlooking beautiful Sequim Bay,
the Jamestown S’Klallam Tribe’s Tribal Campus houses the offices of the tribal
government, including the five-member elected Tribal Council, and
Administrative staff, which includes Cultural Resources, Human Resources,
Facilities Management, Information Systems, Enrollment and Housing. Also
located here are the offices of the Tribe’s Social and Community Services and
Health Services, including the Jamestown Family Health Clinic and Jamestown
Family Dental Clinic, and a Planning Department, and Natural Resources
Department. They also have an Economic Development Authority which supports
numerous tribal enterprises. (Jamestown S'Klallam Tribe Introduction and
Overview 2008,2010)
Tamanowas Rock is sacred to all three S’Kllallam Tribes and part of tribal
history and identity. The Jamestown S’Klallam have taken the lead role in
working to preserve the site by securing the land on which it sits. In an interview,
Jamestown S'Klallam Tribal Chairman Ron Allen, explained that acquiring land
in their traditional land area is key to the Tribe's goal of self-reliance and essential
to maintaining cultural identity. He said,
The tribe and its community are not just about fishing or hunting. We are
also about land. Land is essential to our governmental and cultural
identity. We are never going to recover our land base that was traditionally
ours, which covered over four hundred thousand acres across the Olympic
Peninsula. But, a good land base that preserves your way of life and the
environment, as well as provides for economic development, is essential to
our future. We are trying to buy back some of the original land in the
Jamestown community so at least we can preserve some of where our
community originated. (Stauss, 2002, pg 179)
16
The Jamestown S’Klallam Tribe is very clear in its intent to preserve
traditional culture and identity and these goals are evident in their Tribal Vision
Statement, Tribal Mission Statement and Comprehensive plan. The Tribe's
Comprehensive plan includes the following goals:
Goal E11. Reacquire additional homelands and when appropriate, submit
for conversion to trust status. Create opportunities to provide outdoor
recreational spaces and facilities that will contribute to the Tribe’s social,
cultural and natural resource goals.
Goal SP19. Protect and enhance the natural resources of the Jamestown
S’Klallam Tribe. (Jamestown S'Klallam Tribe 2012)
The Jamestown S'Klallam Tribe's work to purchase and protect
Tamanowas Rock is in keeping with these goals. By purchasing the land they
reacquired homelands and protected natural resources. To reach these goals, the
Tribe has collaborated with a conservation focused non-profit, Jefferson Land
Trust.
Jefferson Land Trust
With a focus on protecting natural and open spaces in Jefferson County,
Jefferson Land Trust was a logical partner to aid the Jamestown S'Klallam Tribe
in protecting Tamanowas Rock. Jefferson Land Trust has preserved at least 54
properties and protects over 10,0000 acres of Jefferson County’s natural habitat,
open spaces and working farmlands. The organization was formed in 1988 when
Virginia McIntyre, Stephanie Lutgring, Julie McCulloch and Doug Mason
banded together to protect natural and open spaces from development and
industry encroaching on the North east Olympic Peninsula. Jefferson Land Trust,
is now a 501c3 non-profit with over 400 members. (Jefferson Land Trust 200417
2013) Under the leadership of Executive Director, Sarah Spaeth and the
organization's board of directors, the land trust protects open spaces in several
ways. In some cases the land trust purchases land outright to prevent
development. In other cases the trust purchases a conservation easement from the
owner. Often the landowner gifts the easement to the land trust.
In order to describe the collaboration between the Jamestown S’Klallam
Tribe and Jefferson Land Trust, it is helpful to first understand a bit about land
trusts. Jefferson Land Trust is a conservation land trust. These are also sometimes
referred to as Illinois type land trusts. Land trusts are private, non-profit
organizations and can have different purposes, such as putting land in trust to
lower taxes. They exist to conserve land by assisting or undertaking in land or
conservation easement acquisition or by stewardship of such land or easements.
Land trusts work with landowners to protect land for the future and preserve its
natural, recreational, scenic, historic or productive value. (Land Trust Alliance
2008)
Mainly land trusts purchase or accept donations of conservation easements
from landowners. A conservation easement is a voluntary legal agreement
between the landowner and a land trust or a government. The land trust (or
government) is granted certain rights, typically development rights to the property
but the landowner continues to own and use the property. This means that even if
the property is sold, no one may develop or disturb the land. Specific exceptions
can be written into the easement, such as an easement on farmland which prevents
development, but allows the land to be farmed. Another example is a landowner
18
who limits development rights but allows one building of a particular size. The
grant of conservation easement is recorded in the local land records and becomes
a part of the property’s chain of title. Landowners may also benefit from tax
reductions on their land when they sell or donate a conservation easement.
Conservation land trusts have existed since 1891 and are a successful and
rapidly growing conservation strategy. In 2010, the date of the most recent census
of land trusts conducted by the Land Trust Alliance, there were 1,723 active land
trusts in the United States and they’d conserved about 47 million total acres of
land. Land trusts typically preserve land to protect sensitive natural areas, farm
land, ranch land, water sources, cultural resources and notable landmarks. Sacred
sites fall in the category of cultural resources, but are also preserved as sensitive
natural areas. Land trusts typically take on monitoring and restoration
responsibilities for the lands they protect. They typically have members and rally
volunteers to assist with restoration projects and other activities such as
fundraising. (Land Trust Alliance 2008) (2010 National Land Trust Census
Report: A Look at Voluntary Land Conservation in America 2010)
The land trust structure and mission of protecting sensitive natural areas
made Jefferson Land Trust a valuable ally to the Jamestown S'Klallam Tribe.
Another valuable ally and the third collaborator in protecting Tamanowas Rock
was the Washington State Parks Commission.
19
Washington State Parks
Washington State Parks participated in this collaboration because they
own and manage land, Anderson Lake State Park, adjacent to Tamanowas Rock.
This is a day use park, meaning there are no campgrounds. It is surrounded by
410 acres of woods and wetlands and forested with cedar, fir and alder mixed
with freshwater marshes. The park includes 70-acre Anderson Lake. (Washington
State Parks, Anderson Lake State Park 2013)
Washington State Parks is a state agency that oversees 100 developed parks,
recreation programs, trails, boating safety and winter recreation programs. The
agency is governed by a board of seven volunteer citizens appointed by the
governor. The mission of Washington State Parks is:
The Washington State Parks and Recreation Commission acquires,
operates, enhances and protects a diverse system of recreational, cultural,
historical and natural sites. The Commission fosters outdoor recreation
and education statewide to provide enjoyment and enrichment for all and a
valued legacy to future generations.
Washington State Parks, as previously noted, was interested in the
Tamanowas Rock property because it adjoins Anderson Lake State Park and had
been identified as a property of interest during the Classification and Management
Planning (CAMP) process. CAMP is a four stage process, required by and
reflecting the standards of Washington's State Environmental Policy Act (SEPA).
The public is encouraged to participate in the CAMP process. The four stages of
the CAMP process are:
1. Identify issues and concerns of park stakeholders.
20
2. Explore alternative approaches to address identified issues.
3. Prepare preliminary recommendations to address issues or suggest a
realistic compromise.
4. Propose final recommendations for formal agency and Commission
adoption.
(Washington State Parks, Park Planning and New Developments 2013) Because
of the proximity of Anderson Lake State Park and the shared goal of preserving
cultural and natural sites, Washington State Parks thus also became involved in
efforts to protect Tamanowas Rock.
Tamanowas Rock and about 150 acres of surrounding property are now
protected from any future development. In order to reach this current protected
status, there has been unprecedented collaboration between the Jamestown
S’Klallam Tribe, Jefferson Land Trust and Washington State Parks. The
community of Jefferson County residents has provided an outpouring of support
in the form of donations and loans and a local environmentally focused
foundation, The Bullitt Foundation has provided a major loan. There have been
hours of meetings, negotiations, rallying of community support and fundraising.
Parcels of land have been purchased, sold and changed hands. But the work is not
yet complete. While they have reached a milestone, the Tribe, land trust and
Washington State Parks continue to meet to work toward stewardship goals for
the property and ongoing restoration and management of the land.
21
Three separate parcels were purchased and protected: the Nicholson Short
Platt, the Phase One Property and the Tamanowas Rock Property
(The map is taken from the Jefferson Land Trust's application for Jefferson
County Conservation Futures Funds, 2010)
22
The map on the previous page shows the three distinct properties that were
involved in the process of preserving this site: the Tamanowas Rock Property, the
Phase One Property and the Nicholson Short Plat Property. The 64 acre property
where the rock is located is composed of two parcels, 901102004 and 901102006
and is referred to as the Tamanowas Rock Property. It is adjacent to Anderson
Lake State Park. The Tamanowas Rock Property is of most concern since it is the
property on which the rock sits. It was owned by Roger Theriault until 1993 when
it was purchased by George Heidgerken. (Jefferson County Recorder 2013)
Directly north of the Tamanowas Rock Property is a 20 acre property referred to
as the Phase One Property. The parcel number for this property is 9011003003.
This property was previously owned by a Seattle based lumber exporter called
Citifor Inc. (Sarah Spaeth 2013)
An additional 66 acres to the north of the Phase One property is referred to
as the Nicholson Short Plat. A “short plat” is a short subdivision, or re-division of
land into four or fewer tracts. (RCW. 58.78.20) This type of subdivision is often
done in preparation to develop and build on the land. (Washington State
Legislature) The Nicholson Short Plat consists of nine parcels in all: 975000001,
975000002, 975000003, 975000005, 975000006, 975000007, 975000008,
975000009, 975000010. (Jefferson Land Trust, Application for Jefferson County
Conservation Futures Funding 2010) This platted property has been subdivided
and includes roads and blocks. While the actual acreage is about 80 acres, when
the roads are subtracted the remaining land is about 60 acres. (Sarah Spaeth 2013)
23
In 1993, George Heidgerken, owner of Managing Green, LLC, purchased
the Tamanowas Rock Property from Roger J. Theriault. (Jefferson County
Recorder 2013) Jamestown S’Klallam tribal members met with him shortly
thereafter and there were attempts to purchase the land from him. Washington
State Parks negotiated with him unsuccessfully for purchase of the land.
Heidgerken logged some of the property during this time and built some gravel
roads, though the trees nearest the rock were left standing. (Burke 2009)
While early attempts to acquire the Tamanowas Rock Property were
unsuccessful, it was also important to protect surrounding land. In 2005 the Phase
One and Nicholson Short Plat properties, both owned by the Seattle based lumber
exporter, Citifor, came up for sale. It became evident that there was a connection
between Citifor and Heidgerken, then owner of the property on which
Tamanowas Rock sits. (Sarah Spaeth 2013) Access to the properties Citifor
owned was through a right of way easement across the Tamanowas Rock
property. If the Nicholson Short Platt And the Phase One property, 86 acres in all,
were purchased and developed into home sites, a road would be built across the
Tamanowas Rock Property. According to Sarah Spaeth, director of Jefferson
Land Trust, ”There was great concern on the part of all these partners that if
someone bought (The Nicholson Short Plat and Phase One Property) and
exercised (the easement) and the right to put a road in and develop home sites on
the Nicholson Short Platt, that would really compromise the conservation and the
cultural values and the spiritual values of the rock itself.” (Sarah Spaeth 2013)
24
In response to this dilemma, the Jamestown S’Klallam Tribe obtained
loans and purchased the Nicholson Short Plat Property, and the 20 acre Phase One
Property. The Jefferson Land Trust helped gather some community contributors
to aid in expenses. The Tribe also applied to the Jefferson County Conservation
Futures fund for money to aid in this purchase and put a conservation easement on
the property.
The Jefferson County Conservation Futures fund is generated by a levy on
Jefferson County property taxes and exists to “preserve a system of public open
space lands in the county.” This supports the health and quality of life of county
residents and maintains Jefferson County as a desirable place to live, visit and
locate businesses. The Jefferson County Conservation Futures Program is
governed by a Conservation Futures Citizen Oversight Committee which makes
recommendations to the Board of County Commissioners on the selection and
funding of open space projects utilizing the Conservation futures Fund. (Jefferson
County Washington, Jefferson County Conservation Futures Program 2013)
Sarah Spaeth sat on this committee and offered her insight as director of the
Jefferson Land Trust, but abstained from voting on projects in which the Land
Trust is involved. (Sarah Spaeth 2013) Organizations or individuals can apply to
the program for grant funding with which to protect open space land in Jefferson
County. Applications are due every March and decisions made around late May
or early June. (Jefferson County Washington, Jefferson County Conservation
Futures Program 2013)
25
The Jamestown S’Klallam Tribe was awarded Jefferson County
Conservation Futures Funds in May 2006 which aided in the purchase of the
Phase One Property. These funds helped pay for a conservation easement on at
least 20 acres of this land. The easement was completed in 2008. This easement is
held by Jefferson Land Trust and was later amended to include the Tamanowas
Rock Property as well. However an easement was not placed on the Nicholson
Short Plat property because the Jamestown S'Klallam Tribe was not sure that
they could raise enough money from the Conservation Futures Fund to put an
easement on this property also and more importantly they hoped to eventually sell
this property, possibly to Washington State Parks. (Sarah Spaeth 2013)
By 2008 the Jamestown S’Klallam Tribe owned the 86 acres north of
Tamanowas Rock which was the Nicholson Short Plat and the Phase One
Property. The Phase One Property also had a conservation easement on it and
they’d drawn up a management plan for the 20 acre Phase One Property. The 64
acre Tamanowas Rock Property was still owned by George Heidgerken, who had
purchased it April 30, 1993 from Ralph J. Theriault. (Jefferson County Recorder
2013) This was the most important piece of land the Tribe hoped to protect.
“For years this has been a property that has been on the radar of the Tribes,
State Parks, and more recently the land trust,” said Spaeth in an interview. The
land trust and the Tribe had collaborated to protect the Nicholson Short Plat and
the Phase One property, but were in a holding pattern, trying to determine what to
do about the Tamanowas Rock Property. (Sarah Spaeth 2013)
26
In early 2009 Heidgerken put the Tamanowas Rock property up for sale.
Spaeth said, “When George Heidgerken put up a sign, saying (the property) was
for sale for $1.2 million, we saw the sign and we said “Oh no! Now we’ve got to
do something quick!” (Sarah Spaeth 2013) So Jefferson Land Trust, the
Jamestown S’Klallam Tribe and Washington State Parks kicked into high gear
and put their heads together in earnest. They all wanted to protect this property
and prevent it from being sold to anyone who might develop it but none of the
three had the funds readily available for a purchase. Washington State Parks was
willing to take the lead in negotiating with Heidgerken and to enter into a
purchase and sale agreement contingent on an appraisal of the land and
Heidgerken agreeing to sell at the appraised price. The state hired an assessor who
valued the land at $600,000. Heidgerken agreed to that price provided the deal
closed by December 2009.
In the meantime the Jefferson Land Trust and Washington State parks and
the Jamestown S'Klallam Tribe were sorting out who would make the purchase
and how to raise the funds. The Tribe was hesitant because they were seeking
federal funding; if they held the title to the land already it would jeopardize their
attempts to procure federal funding. Said Spaeth, “Getting reimbursed after the
fact is not as easy as trying to get funds up front for something.” (Sarah Spaeth
2013)
Washington State Parks, though willing to negotiate the deal, was not
willing to make the purchase. So Jefferson Land Trust persistently made
27
presentations to the Parks Commission. Then, fortuitously, one of the land
trusts’s board members became a parks commissioner and was willing to
advocate for the project. Finally Washington State Park offered a deal.
Washington State Parks was short on funding due to state budgetary
restraints. The agency was having troubles maintaining their existing state parks,
including Anderson Lake State Park. Washington State Parks said that if Jefferson
Land Trust and the other partners would help by rallying community support in
the form of a Friends of Anderson lake State Park Group, perhaps some funding
could be liberated for the Tamanowas Rock project. However, this was going to
take time and the property was for sale immediately.
In the meantime, the Bullitt foundation offered a loan for the purchase of
the property. The Bullitt Foundation loan was for three years for $485,000 or 80
percent of the purchase price. Local donors contributed funds as well. In
November of 2009, Washington State Parks entered into a purchase agreement for
the 64 acre Tamanowas Rock Property. Washington State Parks transferred the
purchase agreement to Jefferson Land Trust and the land trust’s subsidiary, JLT
Resources purchased the property for $600,000.
Local media covered the efforts to protect the site. An article published in
a local paper in December 2009 said “the deal inked last week creates a two-year
window thanks to a loan from the Bullitt Foundation that provided 80 percent of
the purchase funding.” (Burke 2009) Another article said “the Tribe came up with
the funding balance through loans from community members.” (Chew 2010) The
28
Jamestown S’Klallam Tribe contributed by purchasing an option agreement with
JLT Resources for $120,000. This bought the Tribe the option to purchase the
property from JLT resources.
About eighty percent of this total price ($480,000) came from the Bullitt
Foundation in the form of a two-year loan. The remaining twenty percent was
raised through private lenders and donors. A news article from 2010 noted that the
Jamestown S’Klallam Tribe, Suquamish Tribe, Port Gamble S’Klallam Tribe,
Washington State Parks and Jefferson Land Trust would work together to raise
the funds to repay the loan and mentioned a fundraiser auction at which the
Jefferson Land Trust raised $40,000 toward this repayment. These entities also
planned to secure federal, state and county funds as well as private donations.
(Burke 2009)
At last, in 2010, Washington State Parks saw that the Friends of Anderson
Lake State Park group had indeed been created. The state agency had some
discretionary money so State Parks purchased the Nicholson Short Plat property
and added it to Anderson Lake State Park in early December 2012. This helped
reimburse the Tribe for costs they had incurred. The Tribe and Jefferson Land
Trust also applied for $200,000 from Jefferson County Conservation Futures
Fund in June 1010. The Tribe contributed the remaining funds to repay the Bullitt
Foundation. In December 2012 the Jamestown S'Klallam Tribe took owner ship
of the Tamanowas Rock property and simultaneously the easement on the Phase
29
One Property was amended to include all 84 acres. Finally, Tamanowas Rock and
surrounding land were protected in perpetuity.
Site Stewardship and Management
Once the land was protected and in the Tribe’s name, the work of
restoration and management began in earnest. The Jamestown S'Klallam Tribe
has drawn up two management plans, though the first only covered the 20acre
Phase One property and has since expired as it was for ten years. The second
outlines the Tribe's management goals for the Tamanowas Rock property. Their
goals include both restoration of the site to mitigate damage done by prior use of
the site and also management to protect the cultural integrity and prevent future
harm to the place. While the Tribe wants to ensure tribal access to the property
will remain, they are open to allowing the public to visit the place as well.
However the site management plan outlines specific activities that will and will
not be allowed at the site. Rock climbing on Tamanowas Rock is specifically not
allowed. (Carr 2006) (Jamestown December 7, 2010)
Sarah Spaeith said, “..the Tribe and the land trust and the county all
understand that the Tribe wants Tribal access of the property and that they are
willing and open to have public use of the property as well, and they do want to
control it to some degree. Whether it’s how the property is developed and trails
and signage or the ability to close it during sacred ceremonies. Or, if there are
additional trails to be built that they can’t have bicycles or horses on them. And
they very definitely do not want climbing on the rock.“ (Sarah Spaeth 2013)
30
While the land trust holds the conservation easement on the property,
management of the site and dictating what activities happen there is the Tribe’s
responsibility and privilege as the landowner.
The conservation easement is designed to protect the conservation value of
the property, but does not prohibit climbing on the rock, Spaeth explained. The
easement addresses development, such as whether a building can be erected on
the property.
The easement says things like, 'there shall only be one building on the
property. It shall be east of the access zone and that’s where a caretaker’s
cabin can be. The road right of way can be maintained where it is and a
couple of gravel parking lots can be maintained for elders, but other than
that there is no motorized vehicle use on the property’
Spaeth described how the conservation easement also addresses ongoing
management of the site. She adds that adaptive management is a key principle
here. Adaptive management is used in natural resource management to reduce
uncertainty over time by continuously gathering information and adapting future
management strategies accordingly.
Often conservation easements will refer to a stewardship plan, saying
"these are the barebones requirements that we feel are necessary to protect
the conservation values of the property, but how you reach those goals can
be adaptive. And the stewardship plans that are agreed upon by both the
owner and the conservation organization are things that are worked out
and if things are changed over time you revisit that conservation easement.
Let’s say there’s a fire and then the stewardship plan really needs to talk
about how to revegetate."
31
The management plan addressing the stewardship of Tamanowas Rock
and surrounding property was drawn up by the Jamestown S'Klallam Tribe. The
site management plan allows the following uses at Tamanowas Rock:
tribal sacred ceremonies, scientific and educational study, and limited
public use: access for quiet use and enjoyment, passive recreation such as
birdwatching, nature observation, walking, etc.
Prohibited uses constitute a longer list:
open fires, pyrotechnics, horseback riding and pets, bicycle riding,
subdivision of land, building and development, hunting, operation and
storage of motorized vehicles, drug and alcohol use, camping and
picnicking, rock climbing, new access roads, sports activities, agriculture
and livestock grazing, dumping and storage of waste, materials and
equipment, commercial and non-commercial harvest of forest products
such as bark, fir boughs, salal and similar vegetation, Introduction of nonnative plants, lawns and animal species, damming, diking, dredging,
manipulation of water courses except when subject to restoration plan,
Harvest of all standing timber, except to enhance wildlife habitat and
forest health, control fires, remove hazard trees, mining and removal of
soil, peat, rock and gravel.
Trail planning has been part of the management plans, first when it was
under the land trust’s ownership and now again since the Tribe has gained
ownership. Currently the trail to the rock goes up a steep hillside and years of foot
traffic have heavily eroded the soil and exposed tree roots leading up to and
around the rock. Sarah Spaeth said of the erosion, “That’s a personal sore spot for
me because I’ve really seen it degraded over the last 10 -12 years, pretty
severely.” She added that this is an area that the Tamanowas Rock Working
Group continues to address. Jefferson Land Trust’s Stewardship director did some
trail planning during JLT Resources ownership and the Tribe is also doing
32
planning around development of new trails and decommissioning of old trails.
Trail planning and development can help manage pedestrian access and new gates
can mitigate access by motorized vehicles such as ATVs. There is also interest in
having an onsite caretaker. (Sarah Spaeth 2013)
Analysis
Tamanowas Rock is a success story because it is protected from
development and under ownership of the people who hold it sacred. This case
study is unique because of the collaboration that occurred across sectors (tribal,
non-profit and government) to protect Tamanowas Rock. Many other sacred sites
across North America and around the world are threatened by development or use
incompatible with their sacred status. This case study serves as a model for other
groups working to protect other sacred places.
This case study should be emulated by others for several reasons. First, the
end result of these efforts was tribal ownership of the sacred site. This case study
illustrates the importance of land ownership in protecting sacred sites. It also
illustrates the value of cross-sector collaboration in helping leverage additional
resources and increasing community involvement. Finally in this collaboration, all
of the sites values were considered: spiritual, ecological and social.
It is important to note that although the Jamestown S'Klallam Tribe
collaborated with Jefferson Land Trust and Washington State Parks in the process
of purchasing and protecting Tamanowas Rock, ultimately it is the Tribe that now
holds ownership of the site and surrounding land. This allows the Tribe to drive
33
the management plan and to decide what activities are and are not acceptable at
Tamanowas Rock. Without the Tribe's legal right of ownership which grants the
power to declare what is acceptable use, the site's sacred status would not truly be
protected.
Many North American sacred sites are on land under governmental
ownership, such as those in National Parks or on US Forest Service Land. Or, like
Tamanowas Rock once was, they may be on privately owned land. In either case,
the people who hold the site sacred have little control over its protection or
activities that can occur there because they don't have legal ownership of the land.
This has been a contentious issue for sacred sites in National Parks which are
protected from development, but not from recreational uses conflicting with their
sacred status.
The collaboration to protect Tamanowas Rock is a model that should be
emulated by others seeking to protect sacred places. The collaboration involved
three separate entities representing different sectors, with differing motivations for
protecting this site. Not only did the collaboration allow the three to access more
resources and types of funds to protect the site, but differing motivations and
viewpoints ensured that spiritual cultural, and environmental aspects were all
considered. While the Tribe was very concerned about the spiritual and cultural
value of the site the land trust brought the ability to protect the environmental
value of the site through the conservation easement. The land trust was also
unique in that it provided a conduit and advocate for the voice of the larger nontribal, local community in discussions about the site's protection and conversely
34
could also raise awareness about the unique spiritual value of this site. They have
done this both by highlighting it on their website and through lifting Tamanowas
Rock as a special cause during their fundraiser auction in 2010. State Parks was
also a valuable ally, partly because they owned and protected nearby land
(Anderson State Park) and because they had the resources to initiate the purchase
through the hire of an assessor and negotiation of a purchase agreement. This
collaboration is unique and effective and it is my hope that further collaborative
efforts are established to protect sacred sites elsewhere.
The remaining pages discuss the significance of the case study method
and why I used a case study to examine collaboration in sacred site protection. I
also discuss what makes a particular location sacred and the spiritual, cultural,
social and ecological value of sacred sites as well as where sacred sites are
threatened elsewhere, who else is working to protect sacred sites and what
legislation addresses sacred site protection.
Methodology: Why a Case Study?
While there were many different research methods I could have used to
examine this issues of sacred sites' protection and collaboration, I chose to write a
case study. The case study method allowed me to provide more depth and detail
on one clearly defined issue (the protection of Tamanowas Rock) than I could
have by collecting data from a broad sampling of units. Case studies are
distinguished from other methods of research in that they are clearly focused on a
well-defined “individual unit” and follow the development of that individual unit
35
through time, focusing on relation to the environment and context. (Flyvbjerg
2011) More traditional quantitative data collection methods are useful for
developing theoretical knowledge while case studies produce the more in depth,
hands on knowledge associated with the leap from theory to practice and mastery
of a subject.
Case studies do have weaknesses. They are not always clear on statistical
significance, may overstate or understate relationships and cannot show how
widespread the phenomena is which they describe. While the case study will help
us understand one instance of cross sector collaboration to protect one sacred site,
it will not tell us much about the total number of tribes in North America who are
collaborating with others to protect sacred sites or the success rate of tribes using
collaboration. Though far beyond the scope of this project, quantitative efforts at
determining the total number of tribes engaged in collaboration combined with
the qualititative case study research that digs deeper into the details of specific
instances of collaboration would provide a well-rounded picture showing the
depth and breadth of the issues involved in sacred sites protection.
Case studies comprise much of what is known about the empirical world
including treasured classics in many areas of social science, education,
economics, management, biology and medical science. (Flyvjberg pg 302) Case
studies are also used in teaching. Pioneered at Harvard University, the case
method is a recognized form of using case studies to teach interdisciplinary
concepts. By using real-world problems in teaching, students are more deeply
36
engaged and motivated to use higher order reasoning. The Evergreen State
College has established the Enduring Legacies Native Cases Initiative in order
encourage the use of the case method in K-12 tribal curriculum and tribal
institutions of higher education. The program was awarded NSF funding to
develop curriculum, publish case studies on Native American issues (with
teaching notes) and host an annual four-day summer institute, The Enduring
Legacies Native Cases Institute, to teach faculty how to effectively use the case
method in their classrooms and write excellent case studies. The idea for this
thesis developed when I attended the June 2011 Native Cases Institute.
I chose this case study because I was intrigued by the kinds of partners
involved in the collaboration. I was particularly intrigued by the partnership
between the tribe and the land trust because there are few other recorded
examples of collaboration between tribes and land trusts. Jefferson Land Trust's
goals of preserving open space aligned with the Jamestown S'Klallam Tribe's goal
of reclaiming and preserving their traditional sacred land. As a non-profit with a
mission of protecting land, the land trust already had existing outreach
mechanisms and fundraising infrastructure, including an annual fundraiser
auction. One year they made Tamanowas Rock the special cause of the evening at
the fundraising auction and raised $40,000 in one night for this special initiative.
(Burke 2009) Because of tools like these, Jefferson Land Trust could help
facilitate the protection and acquisition of Tamanowas Rock. There is potential
for increased partnership between tribes and land trusts nationwide to protect
sacred sites.
37
Simply put, case studies are stories, about a person, a community, a place,
an organization or whatever that "individual unit" might be. Story telling connects
the listener or reader to the time, place and events of the story. This case study is
the story of Tamanowas Rock and the people that valued this sacred place and
worked together to protect it. At the beginning of the case study I described the
Quimper Peninsula as being shaped like a dragon and Tamanowas Rock as being
where the dragon's heart would be. It was clear in my research that both native
and non-native people living on the Quimper Peninsula felt a special connection
to Tamanowas Rock. In that sense it truly is the "heart" of the Quimper Peninsula.
Sacred sites the world over create a tangible and visceral connection to the land.
They play a unique role in compelling people to care about and protect land. By
telling the story of Tamanowas Rock, the Heart of the Dragon, my hope is that
more people may become aware of this and other sacred sites, why they are
significant and be compelled to work together to protect them.
Collaboration
This collaboration between a tribe, land trust and a state government
agency is one example of collaboration in natural resource management, a field in
which this shift is much needed. Government, particularly in the realm of Natural
Resource Management has a history of “acting upon” rather than “acting with”
local stakeholders. As natural resources policies and agencies evolve to take into
consideration the value of environmental resources (cultural value, social value or
even intrinsic value as opposed to only ecological value) rather than the economic
value of the natural resource products extracted from them, some practitioners are
38
also taking into consideration the value of social capital. Natural resource agency
staff have begun to recognize the importance of including community members,
citizen groups and land owners in decision making processes and placing more
value on the unique ground-level perspective these partners bring. There are many
benefits to collaboration. Collaboration builds understanding, creates more
widespread support for decisions, and helps develop relationships across
boundaries. It is also often more cost effective. Collaboration is a means to
building understanding, support and capacity. (Wondolleck and Yaffee 2000)
Wondolleck and Yaffee point out that “In viewing the world as a place where
human behavior involves self-interest pursued through competition, they argue
there is little reason that rational people will cooperate." (Wondolleck and Yaffee
2000)
This increased emphasis on innovation and collaboration since the early
1990’s is fuelled by policies encouraging increased citizen involvement such as
the National Environmental Policy Act and the national Forest Management Act
and a backlash against old ways of working that emphasized top down decision
making. This is an effort to move away from decision making processes that were
ineffective and biased and often adversarial. Agencies tended to make land use
decisions then call public meetings to present to community members what was
already decided. Now, some attempts are being made to include community
members and all stakeholders in the decision making process from the beginning.
(Wondolleck and Yaffee 2000) However much remains to be done to shift the
39
culture of natural resource management from a bureaucratic one to a collaborative
one.
There is a need for increased consultation and collaboration between
governments and tribes in the management of natural resources, including sacred
sites. Because Tribes are Sovereign Nations, Federal and State governments must
work with tribes on a government to government basis, rather than a top down,
government/stakeholder basis. According to a report by The Indigenous Peoples
Subcommittee, one of six subcommittees of the National Environmental Justice
Advisory Council (NEJAC), a federal advisory committee of the U.S.
Environmental Protection Agency (EPA),
"... the federal government has a responsibility to consult and
collaborate with American Indian and Alaska Native tribal governments as
an essential element of its trust responsibility to federally recognized tribal
governments. However, the NEJAC contends that effective consultation
and collaboration between federal agencies and federally recognized tribal
governments is lacking." (National Environmental Justice Advisory
Council 2000)
Much of the literature I’ve found has been written for natural resource
managers and federal land managers who are charged by legislation to consult
with stakeholders and to collaborate with tribes. The "Guide on Consultation and
Collaboration with Indian Tribal Governments and the Public Participation of
Indigenous Groups and Tribal Members in Environmental Decision Making"
provides guidelines for governments on how to more effectively collaborate with
tribes. It makes clear the distinction between consultation and collaboration.
"Consultation is built on the exchange of ideas, not simply providing
40
information." In working with tribes, consultation is distinct from concepts such
as "stakeholder involvement" "Public participation" or even "collaboration" Most
importantly, federal agencies are required by a number of federal statutes and by
the federal tribal trust relationship to consult with tribes on many issues of natural
resource management. (National Environmental Justice Advisory Council 2000)
Furthermore, global scale recommendations such as the Rio Declaration
call for increased consultation and collaboration. Principles and 10 and 22 of the
Rio Declaration address the issue of stakeholder participation stating that,
"Environmental issues are best handled with participation of all concerned
citizens, at the relevant level."(principle 10) Furthermore, Principle 22 states,
Indigenous people and their communities and other local communities
have a vital role in environmental management and development because
of their knowledge and traditional practices. States should recognize and
duly support their identity, culture and interests and enable their effective
participation in the achievement of sustainable development.
Finally, Tribal involvement in environmental management creates better
decisions. As evidenced by Cronin and Ostergren's case study on tribes and
watershed management, accomplishments are limited when major stakeholders
are left out of the process, particularly so when major watershed owners such as
tribes are not included. (Cronin and Ostergren 2007) However in the case of
Tamanowas Rock, the Jamestown S’Klallam tribe is initiating the efforts toward
land preservation and is now the land owner, which changes the nature of the
collaboration.
41
The collaborative efforts to protect Tamanowas rock provide an example
that others could replicate. While this collaboration seems to have been driven by
the Jamestown S'Klallam Tribe and the Jefferson Land Trust, Washington State
Parks was a participant and played a pivotal role in that they were willing to
negotiate with Heidgerken, then the owner of the Tamanowas Rock Property, hire
an assessor, and enter into a purchase agreement for the property. The Friends of
Anderson Lake State Park group that developed from this collaboration also
appears to be a potential avenue for greater stakeholder involvement.
Tribes and land trusts
The Jamestown S’Klallam are not the first tribe to partner with a land trust
to preserve a sacred site. However it is not common to find tribes partnering with
land trusts. One recent example of collaboration between a tribe and a land trust
is the Taos Land Trust and the Taos Pueblo. The Taos Land Trust and the Taos
Pueblo have preserved Ponce de Leon Hot Springs, which has been sacred to the
Taos Pueblo since time immemorial. In July 2012, the Taos Land Trust
transferred ownership of Ponce de Leon Hot Springs to the Taos Pueblo. The land
trust acquire the hot springs in 1997 using donated funds in order preserve and
protect the sacred site from development. (Polidor 2012)
The Land Trust Alliance provides a two-page fact sheet on land trusts
and tribal entities which provides contact information for organizations dedicated
to reclaiming Indian lands: Indian Land Tenure Foundation, National Tribal
Environmental Council, Indian Land Working Group, National Association of
Tribal Historic Preservation Officers, National Council of American Indians, The
42
Cultural Conservancy and Gathering Waters (a statewide land trust assistance
center in Wisconsin). They also list land trusts that work closely with tribes: the
Little Traverse Conservancy, which works with the Little Traverse Bay Band of
Odawa Indians, Kachemak Heritage Land Trust, Montana Land Reliance, Trust
for Public Land and White Earth Lands Recovery Project. (The Land Trust
Alliance 2008)
What is a sacred site?
Why does this all matter? What is the scope of the problem? By
broadening our view from the microscope lens I've directed at efforts to protect
Tamanowas Rock to the panoramic view of thousands of sacred sites around the
globe we can see why protecting sacred sites matters. What exactly constitutes a
sacred site? What differentiates one patch of land as a holy place while the acres
surrounding it may be ordinary fields? Sacredness and sacred sites are a social
construct, illuminating a special relationship humans have with our surroundings.
They are valuable both culturally and ecologically and their protection is a matter
of social justice and environmental justice. To this end there are a number of legal
directives for their protection within the United States and statements issued by
international groups aiming to put some legal clout toward the goal of protecting
sacred places.
"SACRED" ....What exactly does the word mean? It is used in various
ways, referring to things that are personally precious or have particular
importance to an individual or to a community and is also used in reference to
43
mainstream faiths, such as "sacred music" which is used in church worship
services. (Dudley 2005) A general interpretation of the word sacred is
“…dedicated or reserved or appropriated to some person or purpose”.
The Merriam Webster Collegiate Dictionary defines “sacred” as
“dedicated or set apart for the service or worship of a deity.” It also means
“devoted exclusively to one service or use” The National Council of American
Indians says that, “Sacred sites are those that are integral to the practice of
Indian religions.”
Rivers, mountains, forests, springs, lakes and many other natural features
are considered sacred and are centers of devotion for one or many religions. Many
sacred sites are considered to be the birthplace of a deity, the burial place of a
religious leader, or the site of a revelation, ancient ruins, the site of an ancient
temple or cemeteries. They can be categorized as: outstanding natural features,
commemorative sites, or utopias. Some believe their gods or spirits inhabit the
sacred sites. We don't know how many sacred sites there are, but one estimate
numbers them in excess of a quarter of a million. Estimates in terms of land area
are equally hard to reach, but 400-800 million hectares of forest are owned by
local communities, a proportion of which would certainly be sacred land.
Additionally, the property owned by mainstream faith communities is estimated
to be seven percent of the planet.
Those who hold them sacred, indigenous and non-indigenous alike, sacred
sites are holy ground. People go to sacred places to meditate, pray or connect with
44
a higher power or otherwise practice their religion. They are places of sanctuary,
held apart for ceremony, worship, reflection or connection with something
“other”, something outside the human experience. The German Scholar Rudolf
Otto termed this the “wholly other”:“Whether it reveals a vision of heaven or hell,
the encounter with the sacred moves us to the depths of our being to disclose a
realm of existence beyond the power of words to describe. “ (Otto 1940) People
often visit sacred sites when they have a need for sanctuary or physical, emotional
or spiritual healing. Gene Jones described his grandfather taking people to the top
of Tamanowas Rock when they had a burning spiritual issue in need of resolution.
While the word sacred refers to things not of this world, that are above and
beyond our day to day existence, the word mundane ("of, relating to, or
characteristic of this world" ) describes what sacred sites are not. We can often
understand what something is by describing what it is not and sacred sites are not
places for the activities of day to day life. Sacred sites are places that are
dedicated or set apart and devoted exclusively to one service or use and not to be
used in mundane (or profane) ways, for resource extraction, logging, mining,
agriculture, firewood gathering or any other way in which humans derive
utilitarian value from land. Some cultures hold taboos against these activities such
as taboos against wood gathering in sacred places.
Sacred uses generally cannot co-exist with or occur alongside mundane
uses. Because sacred places are used for prayer and worship, recreational use of
these sites is also not allowed. For example, Bear's Lodge or Devil's Tower
National Monument in Wyoming is a sacred ceremonial site for many Plains
45
Tribes as well as a popular destination for rock climbers. The tribes find the rock
climbing to be distracting and disruptive of the ceremonies and the climbing gear
left behind is a disfigurement and desecration to this holy place. (Dussias 20002001)
It is important then to find ways to limit the activities that occur at sacred
sites more so than limiting who can access the place, though often limiting
activities is done by limiting access. At Tamanowas Rock, activities that are
counter to the sacred nature of the place are not allowed, such as climbing on the
rock, drug and alcohol use, or camping and picnicking. Activities that could
degrade the area are also forbidden, including open fires, operation and storage of
motorized vehicles, harvest of forest products or development of the area.
(Jamestown S'Klallam Tribe 2012) Allowable activities are tribal sacred
ceremonies, scientific and educational study, and limited public use for nonintrusive activities such as access for quiet use and enjoyment, passive recreation
such as bird watching, nature observation, and walking.
While it is important to understand what constitutes a sacred site, it is also
necessary to understand why sacred sites are significant. The study of sacred sites
and the protection of sacred sites is necessary because they are not only spiritually
significant, they are also ecologically, culturally, and socially valuable.
The Social and Cultural Value of Sacred Places
Place is a social construct imbued with meaning much deeper than relative
location on a map. Whether we are aware of it or not, the places we live, work,
46
play, eat, sleep and dream shape who we are. The environment we exist in and our
relationship to the land we live upon shapes our thoughts and perceptions and
ultimately our decisions and actions. The idea of place is a social construct,
created by humans for our own understanding of ourselves and the space in which
we exist. The meaning we imbue on our sacred places is a reflection of who we
are. Social constructs are reflections of who we are as a people and a society and
our relationship with our environment is a reflection of who we are, of our values
and ethics.
We create the significance of the place with our own history. Burial
grounds, village sites, battle grounds or the site of a revelation; these places bear
the weight of the events that happened there. Basso in Wisdom Sits in Places
discuss the importance of place and relationship to land. Basso describes the
Western Apache’s deep ties between place and cultural identity. The stories of
their people are written on the landscape and recorded in the place names they’ve
credited to each feature. Names will come from that people’s ideas about the
place, the stories they create about the place and the stories they create in that
place, the history that happens there. As Basso’s transcribed stories always end,
“It happened in that place” (Basso 1996)
Literal historical events are not all that make places sacred. Events in the
mythical past and stories told about a place also stamp a place with the mark
"sacred". Many sacred sites have stories or legends associated with them that
describe how the site was formed. Gene Jones described his grandfather
reminding him as a child to respect Tamanowas Rock because "It's the home of
47
our ancestors. Our spirits are there." (Burke 2009) Other stories describe NoQui-Klos, the dragon that would rest on Tamanowas Rock. (No-Qui-Klos: The
Dragon of Tomanowas Rock 2011)
Carmichael points out that when traditional lands are colonized, the loss of
land is a spiritual loss as well as material loss for indigenous groups. "....Indian
religion and cosmology are intimately connected with the land. As with other
Native American groups (and also Australian Aboriginal groups) the land is
made sacred by events that took place in the mythical past.” Carmichael pg 5.
(Carmichael 1994).
Many sacred sites have multiple names, a result of colonization. Naming
is claiming. Often when a conquering people overtake a place they will claim and
rename significant places, including sacred places. This serves as an attempt not
only to take a people's land, but their culture and spiritual heritage as well. The
same spot with the same geographic coordinates will carry varying names and
identities.
The name "Tamanowas Rock" is tied to the site's identity as a spiritual
place. However those who used the site as a place of recreation renamed it
"Chimacum Rock" reflecting the different identity that they associated with that
place. Another example is Bear's Lodge, a sacred place to the Plains Indians
renamed as Devil's Tower National Monument and claimed and managed by the
National Park Service of the United States. And a third example is in our own
backyard. Mount Rainier, a mecca for mountaineers seeking to conquer high
48
places, a National Park, and an icon for those living in the Puget Sound region,
was first named Takhoma or Tahoma and was sacred to the Yakama Tribe. It was
dubbed Mount Rainier by the explorer Vancouver who named it for English Rear
Admiral, Peter Rainier, who likely never saw the mountain, nor had any real
connection to it.
Ecological Value of Sacred Places
Sacred natural sits are the oldest form of land preservation. Sacredness
was the first impetus for land protection and sacred natural sites were the first
protected areas on the planet. Long before Yellowstone National Park became the
first National Park in the US and long before the legislation, policy and practice
that have been created to protect land, sacred sites were protected by beliefs about
the spiritual significance of these places. (Wild and McCleod 2008) Through the
course of history, sacred natural sites have been one of the most effective forms of
nature conservation. Inspiring feelings of awe, veneration, and respect, the sacred
is a powerful driver of conservation.
Now more and more, conservationists are recognizing the value of sacred
sites and their role in the protection of species and ecosystems. Sacred sites often
have high levels of biodiversity, particularly those that have been undisturbed for
generations. Sacred sites provide a link between conservation and religion.
Some people may hold little concern for the environmental value of a place, but
will still protect it because of their religious beliefs about its sacred status. As
environmental managers begin implementing community based conservation
strategies and garner more involvement from local stakeholders, sacred sites can
49
play an increasingly greater role in bringing land managers and stakeholders
together.
Sacred sites that have been undisturbed often are repositories of
biodiversity, or biological diversity, the immense variation and richness of the
living world. (Groom, Meffe and Ronald Carroll 2006) Greater variation, whether
at the genetic, species or ecosystems level is an indicator of health and resilience.
Roughly eighty-three percent of the earth’s surface has been transformed by
human activity (Sanderson, et al. 2002) and sixty percent of earth’s ecosystems
are degraded or used unsustainably. (United Nations Environment Program 2005)
Land preservation and the protection of biodiversity are essential to the health of
the planet and those that live upon it.
Because sacred sites are often left undisturbed, they often provide
sanctuary to threatened and endangered species and play an important role in
species preservation and protection of biodiversity. Case studies comparing sacred
sites with nearby areas of the same type found higher levels of biodiversity at the
sacred sites.
One case study examined sacred groves of trees in India believed to house
spiritual beings and protected by taboos against harvesting even a twig of
firewood. There are at least 150,000 of these sacred groves, some as large as 20
hectares. Though the land around the groves may be converted to agricultural use,
the sacred groves are left untouched. Destruction of the grove could bring down
the wrath of that grove’s god. One interview suggested that groves located on
50
steep slopes tend to house more malevolent and ferocious deities because those
groves serve particularly important ecological functions (erosion prevention) and
the more malevolent the deity, the greater the deterrent against interfering in the
grove. (Tomalin 2004)
Sacred sites are also ecologically valuable due to the role they play in
inspiring more people to preserve and protect land. The current ecological crisis
necessitates that many more people engage in conservation and preservation of
species, or at least be more cooperative with conservation efforts. According to
Edward O. Wilson,
...religion and science are the two most powerful forces in the world
today......If religion and science could be united on the common ground of
biological conservation, the problem would soon be solved. If there is any
moral precept shared by people of all beliefs, it is that we owe ourselves
and future generations a beautiful, rich, and healthful environment.
The conservation of sacred sites is one area where these two disciplines so often
at odds, can find common ground.
Threats to sacred places
Despite their ecological, social and cultural value, sacred sites across the
globe face threats from wide range of activities. Illegal extraction of timber and
wildlife poaching, impacts from extractive industries’ operations, encroachment
by outsiders, disrespectful tourism, poverty and population dynamics, degradation
of neighboring environments, reduction of the availability of lands and resources
for traditional peoples all put pressure on sacred places. (McCleod) Threats from
development and natural resource extraction endanger the very existence of some
51
sacred sites. Other sites face threats to their sacredness by recreational use
incompatible with the sacred status of the place, or desecration by vandalism,
graffiti or litter. Still other sites are both protected and recognized as sacred, but
those who hold them sacred lack access to the site. There is overall, a lack of
understanding, academic and otherwise, of the nature and significance of sacred
sites.
Prior to being purchased by the Jamestown S'Klallam Tribe, Tamanowas
Rock was threatened by development. Had the parcel to the north been sold and
developed, a road would have been built very near the rock. The land the rock sits
on was also for sale and could have been sold and developed to home sites.
Fortunately Tamanowas Rock is now under tribal ownership and protected by a
conservation easement.
Many examples of threatened sacred sites worldwide are displayed on an
interactive map published online by the Sacred Land Film Project at the following
web address: http://www.sacredland.org/home/resources/sacred-lands-interactivemap/ These sites are categorized by the severity of the threat and the site includes
detailed reports on each site. If I were to attempt to catalog threatened North
American sacred sites, the pages would fill a book. The following examples from
across the American West show the range of sacred sites in North America that
are threatened by development or recreation. Sites include California's Six Rivers
National Forest, Nevada's Mount Tenabo, South Dakota's Bear Butte, Utah's
Rainbow Bridge, Wyoming's Bear's Lodge or Devil's Tower and the San
Francisco Peaks of the Coconino National Forest.
52
A sacred site in the Six Rivers National Forest and Mount Tenabo in
Nevada wer both sites threatened by development. A six-mile two-lane logging
road was proposed through Northern California's Six Rivers National forest,
intended to increase timber harvesting in the area. This area is sacred to the
Karuk, Tolowa and Yurok Tribes. Known as the G-O Road Controversy, this was
one of the more prominent cases of legal action to protect a sacred site. Ultimately
development of the road was halted. (Ementheiser 1999) Another example is
Mount Tenabo, a Western Shoshone sacred place in Nevada. This sacred
mountain is threatened by proposed gold mining by Barrick Gold. (Corbin 2010)
South Dakota's Bear Butte is an example of a site threatened by recreation.
This sacred place of worship for the Northern Cheyenne and other plains tribes
overlooks The Broken Spoke Saloon, a recently built massive biker
bar/campground and concert venue designed to attract revelers attending the
nearby Sturgis Motorcycle Rally. The noise and traffic pose a threat to this place
as a sacred worshipful place.
Many sacred Navajo places were flooded by the creation of Glen Canyon
Dam. Rainbow Bridge, a natural stone arch in Utah, became easily accessible by
boat after Glen Canyon Dam created Lake Powell. Rainbow Bridge's sacred status
is now threatened by increased tourism and boaters visiting the site to sunbathe,
picnic and drink. Despite signs asking visitors to remain a respectful distance of
200 feet from the arch, many choose to disregard the signs and walk beneath the
sandstone arch, an act considered disrespectful to its sacred status. (Sproul 2001)
53
Devil’s Tower National Monument or Bear Lodge is used for many
ceremonies including the annual Sundance ceremony. However because it is on
Federal Public land it is managed by the National Park Service and is both a
tourist destination and is a mecca for recreational rock climbers. A final example
is the San Francisco Peaks of the Coconino National Forest. The US Forest
Service approved development of Arizona Snowbowl ski resort in 1979. Not only
is recreation disruptive to this sacred site, Arizona Snowbowl has chosen to use
reclaimed sewage water to create artificial snow on the sacred mountain, an act
seen as a desecration and a disgrace by the tribes that hold the San Francisco
Peaks sacred.
In many cases, though sacred sites are on protected land, they are
inaccessible to those who hold them sacred. Often governments declare areas
legally protected, such as national monuments or other federally protected lands.
While these areas are protected for their ecological significance there is little or
no regard for sacred and cultural value of the sites within. There is a lack of
regard for the local community values and traditional beliefs, practices, skills and
knowledge that have sustained the associated locations, cultures and resources.
Indigenous rights are violated when management direction prevents access to and
use of these areas by traditional communities. This creates mistrust and animosity
and a lack of local support for the effective management of such sites and areas.
(Wild and McCleod 2008)
Religious veneration can also be detrimental to sacred places. Sites that
are centers of pilgrimage, such as Mecca, are affected by impacts of a massive
54
influx of people. Mecca receives nearly two million pilgrims each year,
converging there in the span of roughly a month. One can imagine the roads,
hotels and infrastructure necessary to handle this quantity of visitors each year.
Additionally, once a sacred site is publicized, the resulting influx of tourists can
make it difficult or impossible for those who have traditionally worshiped there to
access and use their sacred site. Panther Springs is a sacred site on California's
Mount Shasta. This sacred spot of the Wintu Tribe has been co-opted by tourists
and practitioners of new age religions. (Christopher McLeod/Earth Island Institute
1999-2013) Often to protect the site, the location of a sacred place is kept secret
and tribal members do not speak of the site or activities that happen there.
Sacred sites are also threatened by a lack of understanding in regard to
their nature and significance. Carmichael addresses a lack of understanding of the
significance of sacred sites in the fields of archeology and anthropology. He refers
to a “neglect of ritual and religion in archeological theory.” and the “heavyhandedness of the legal and social treatment of many such special places.” He
also points out the tendency to treat sacred sites as artifacts, frozen in time, rather
than living places, actively used by people as places of worship, ritual, cleansing,
or other rites. This is especially problematic when decisions regarding use and
management of sacred sites are made without consultation of the group that holds
it sacred, usually a Native American Tribe. (Carmichael 1994)
Carmichael points out that while archeologists are generally well aware of
the importance of Native American burial sites and the treatment of human
remains, there is still a lack of understanding of the significance of other types of
55
Native American sacred sites and the range of rules and regulations regarding
people's behavior in relation to sacred sites. These places bear significance greater
than their location on the landscape. Land use conflicts and imbalances of power
are central themes in the struggles of many North American indigenous groups to
protect sacred lands. In fact these are central themes in the struggle to protect
sacred places the world over. Ultimately, sacred sites protection boils down to
respect, “the recognition of the inherent right of others to be here. (Harjo 1992)”
Who is protecting sacred sites?
Organizations dedicated to the protection of sacred lands are forming as
increasing numbers of people recognize the value of sacred sites. Researchers are
addressing the issue both from a conservation stand point and a cultural
standpoint. International groups have assembled to study, catalogue and protect
sacred sites. Internationally most efforts are focused toward protecting sacred
sites that are culturally valuable to indigenous groups, but mainstream religions
holds some sacred sites as well. Other groups focus on sacred sites in the United
States and most relevant to this paper are the many groups focused on protection
of Native American sacred sites.
Created in 1948, The International Union for the Conservation of Nature
(IUCN) is the oldest and largest global conservation organization. The IUCN
created the specialist group on Cultural and Spiritual Values of Protected Areas in
1998. Originally the "Task Force on Non Material Values of Protected Areas" the
group took on the name "Task Force on Cultural and Spiritual Values of Protected
56
Areas in 2003. This group has approximately 100 volunteer general members
from 24 countries. (IUCN 2011) The task force has a number of projects and
resources for those managing, researching and working to protect sacred natural
area. One resource is a manual on conserving sacred sites for natural managers,
aimed to help those who work for governmental conservation programs to
preserve the cultural integrity of sacred natural sites and work with those who
have managed the sacred place according to their religious customs. (Wild and
McCleod 2008)
The Delos Initiative is one project of the IUCN's Task Force on Cultural
and Spiritual Values of Protected Areas. Named for the sacred Greek island,
Delos, this is a project to "identify the pertinence and meaning of sacred natural
sites found in the developed world" by analyzing sacred sites in the developed
world and writing case studies about these sites. The aim of the Delos project is to
learn how spiritual values can impact the conservation and wise use of
significant natural areas in the developed world. The Delos Initiative focuses on
the sacred natural sites in developed countries throughout the world (such as
Australia, Canada, the European countries, Japan, New Zealand and the United
States of America). Its main purpose is to help in maintaining both the sanctity
and the biodiversity of these sites, through the understanding of the complex
relationship between spiritual / cultural and natural values. One of the goals
identified is to "attempt to resolve eventual conflicts between the spiritual
character and uses of sacred sites and conservation and management
57
requirements, establishing instead synergies where possible. (The Delos
Initiative)
Also linked to the IUCN's Specialist Group on Cultural and Spiritual
Values of Protected Areas, The Silene Documentation Center
(http://www.silene.es/enlaces.asp) is a comprehensive online repository of
academic writing on sacred sites protection and the intersection of religion and
conservation. It is maintained by the Silene Association, a non-profit based in
Catalonia Spain that works toward the dissemination, study and promotion of the
intangible and spiritual cultural heritage values inherent in nature. (SILENE 2008)
Another international group working to protect sacred places is the Sacred
Mountains project of the Mountain Institute. Headquartered in Washington D.C.
with offices in West Virginia, Nepal and Peru, this non-profit is dedicated to the
preservation of mountains around the world that are considered sacred to varying
religious groups as well as economic development in the mountains, support for
mountain cultures and conservation of mountain environments. (Bernbaum 1997)
While not focused directly on sacred sites preservation,the Forum on
Religion and Ecology (FORE) at Yale University does bear mentioning. This
project melds religion and environmental concern in seeking comprehensive
solutions to both global and local environmental concerns, including sacred sites.
Their objective is to create a new field of academic study which has implications
for public policy. (McAnally 2013) A similar organization, The Alliance of
Religions and Conservation is a secular organization founded by HRH Prince
58
Philip in 1995 to help major religions of the world develop their own
environmental programs. (Alliance of Religions and Conservation 2013)
There are undoubtedly many other organizations dedicated to sacred sites
protection on an international scale. Two more examples are the Sacred
Mountains Project of the Mountain Institute and The Gaia Foundation. The
organizations described above are the most prominent that I found with projects
encompassing a broad range of sites around the globe. Comprehensive lists of
projects and resources for sacred sites protection can be found at the website of
the IUCN's Specialist Group on Cultural and Spiritual Values of Protected Areas.
(http://www.fsd.nl/csvpa) Additional resources are found on the websites of the
other organizations mentioned.
More relevant to the topic of preserving Tamanowas Rock is a brief
description of the many groups dedicated to the protection and preservation of
Native American Sacred sites in the United States. They range in size from large
organizations that include sacred site protection among many other Indian rights
and social justice activities to small grass roots organizations and organizations
dedicated to the protection of one particular site. As with organizations dedicated
to protecting sacred sites on a national scale, I am only discussing a handful of
organizations to provide an example of who is working to protect sacred sites.
Cataloguing all the organizations devoted to this purpose is beyond the scope of
this paper.
59
The Association on American Indian Affairs is the oldest Indian Advocacy
group in the United States and among the most influential. It was founded in 1922
for the protection of the Pueblo Indians in the American Southwest and has grown
to encompass a broad spectrum of issues affecting American Indian people. The
organization focuses on promoting the health, education and welfare of children
and youth; sustaining and perpetuating tribal languages and cultures; protecting
tribal sovereignty, religions and natural resources; and advocating for tribal
constitutional, legal and human rights. (Association on American Indian Affairs
1999-2013)
Most well-known for creation of the Medicine Wheel Coalition and
protection of the Big Horn Medicine Wheel/Medicine Mountain, the AAIA has
worked on a national basis and directly with numerous tribes around the United
States. AAIA provides training and technical assistance specifically on protecting
sacred places to tribal advocates, attorneys and federal land managers. This
technical assistance includes workshops on using the law to protect sacred sites
and the group has developed a handbook (available for download on their
website) summarizing these laws. The AAIA has worked diligently on national
policy around sacred sites and took part in an effort to obtain American Indian
religious freedom legislation in the 1990s which resulted in the strengthening of
the National Historic Preservation Act, and passage of Executive Order 13007
pertaining to sacred sites. More recent efforts have focused on amending policies
of specific federal agencies, such as the Forest Service. (Association on
American Indian Affairs - Sacred Sites 1999-2013)
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The Indian Law Resource Center includes protection of sacred sites in its
work because protecting sacred sites and protecting the ability to conduct
ceremonies and rituals at traditional sites without interruption is one piece of the
broader picture of cultural survival. They also see sacred sites protection as a
human rights issue, identified in the UN Declaration on the Rights of Indigenous
People and protected by international law. The Center provides communication
training and assistance to Indian nations on protecting sacred sites. (Indian Law
Resource Center 2010)
The Sacred Land Film Project is a project of the Earth Island Institute and
Christopher McCleod and has produced seven documentaries on threatened
sacred places in the American West including award-winning PBS documentary
In the Light of Reverence. They are currently in post production on a four part
series on sacred sites around the world, Standing on Sacred Ground. The Sacred
Land Film Project also maintains a website with educational materials about
sacred sites, resources for those working to protect sacred sites and a map with
pinpoints showing locations of sacred sites across North America. (Christopher
McLeod/Earth Island Institute 1999-2013)
Finally, other organizations also exist dedicated to the protection of
specific sacred sites. Black Mesa Trust, for example, is just one of many
organizations dedicated to protection of Black Mesa in Arizona and was founded
to protect this sacred site against destruction by Peabody Coal. Likewise,
Defenders of the Black Hills is focused on halting uranium mining in the Black
61
Hills in South Dakota and numerous organizations are focused on protection of
the sacred San Francisco Peaks.
Legislation and Sacred Sites
The hard nut at the core of land use conflicts over sacred sites is the
matter of control: Who decides who may access that land, where its boundaries lie
and what can and cannot be done on that land? This makes the issue one of social
justice. Today Indian land is about 5% of the total land area of the United States.
(Josephy 2001) Many North American sacred sites are on land that was once
Native American territory and was lost during the implementation of treaties.
Control and access to the sites was lost after treaties were signed and tribes where
forced onto reservations. Legislation such as the American Indian Religious
Freedom Act is an attempt to acknowledge and rectify past injustices, but much
remains to be done. A person’s right to religious freedom is compromised if they
are denied access to their chosen place of worship and unable practice their
religion as they choose.
In many cases, protectors of sacred sites turn to the courts. The protection
of sacred sites is a matter of human rights, that is civil rights, and religious rights.
A number of declarations have been passed pertaining to indigenous sacred sites
worldwide. These include the UN Declaration on the Rights of Indigenous
People, and the Rio Declaration. US Federal law and policy pertaining to sacred
sites in the United States include the American Indian Religious Freedom Act
62
(AIRFA), the North American Graves and Repatriation Act (NAGPRA) The
Religious Freedom Restoration Act and Executive Order 13007.
The First Amendment to the Constitution of the United States of America
includes protections for the rights of religious freedom, but it has not always
effectively protected religious rights of the people who lived on these lands before
they became the United States. While sacred sites are spiritually and ecologically
valuable, part of their cultural value is tied to the protection of religious rights,
which are also civil rights. Those working to protect sacred sites and preserve
access to these sites so that people may continue worshiping there, are also
working to protect religious rights and religious freedoms.
The American Indian Religious Freedom Act (commonly referred to as
AIRFA) was passed in 1978 in an attempt to recognize if not rectify many
injustices against Native people and traditional cultures. AIRFA was amended in
1994 and again revisited in 1996 when President Clinton passed Executive Order
13007. Removal from traditional lands and relocation to reservations meant that
many Native American people could no longer get to their traditional places of
worship or ceremony. Furthermore, many governmental policies intended to
assimilate Indians have been have been detrimental to the practice of traditional
religions or have made them illegal. How have AIRFA and its amendments
affected subsequent litigations involving sacred lands? What responsibilities do
US government land management agencies have to conserve the cultural history
and religious rights of indigenous people?
63
The American Indian Religious Freedom Act is codified under Code 42,
“Public Health and Welfare”, Chapter 21, “Civil Rights” Subchapter 1 “General”
1996 “Protection and preservation of traditional religions of Native Americans”
AIRFA is not solely about religion or culture, but is really a law enforcing civil
rights. These rights are the rights of religious freedom, rights of cultural heritage
and rights of land use for the people who hold that site sacred.
AIRFA exists to protect and preserve the
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
rite (American Indian Religious Freedom Act of 1978 )
The act clearly points out the connection between religion and culture in the
following lines:
Whereas the United States has traditionally rejected the concept of a
government denying individuals the right to practice their religion, and as
a result, has benefited from a rich variety of religious heritages in this
country;
Whereas the religious practices of the American Indian (as well as Native
Alaskan and Hawaiian) are an integral part of their culture, tradition, and
heritage, such practices forming the basis of Indian identity and value
systems;
Whereas the traditional American Indian religions as an integral part of
Indian life, are indispensable and irreplaceable;” (American Indian
Religious Freedom Act of 1978 )
To deny a person or people their religious rights it to deny their heritage
and identity. This is not only about culture, it is also a question of the appropriate
use of land and natural resources. In many instances, places that are integral to
64
Native American religions or have been held sacred for generations are now under
the management of federal or state government.
Federal land management agencies' attitudes toward land are vastly
different than traditional Native American ideas about land. The term “land
management” implies that human involvement is necessary for land to effectively
function. The US Forest Service is rooted in a concern with land preservation and
management for the economic benefit to be gained from the effective
management of the natural resources on the land. Theodore Roosevelt was
president in 1905 when the US Forest Service was established. The administration
of Theodore Roosevelt and the Progressive ideology to which he adhered held the
view that Nature existed as a commodity to be used to gain wealth. Gifford
Pinchot, Theodore Roosevelt’s Chief Forester and the person responsible for
organizing the US Forest Service in 1905 said that land must play a role in our
nation’s economy. He believed that public lands must contribute to the welfare
and prosperity of the country. (Worster 2006)
AIRFA admits to past infringement of Native American rights to use of
sacred lands and admits that land use policies were passed without taking
religious use into consideration.
Whereas such laws were designed for such worthwhile purposes as
conservation and preservation of natural species and resources but were
never intended to relate to Indian religious practices and, there, were
passed without consideration of their effect on traditional American Indian
religions;
Whereas such laws and policies often deny American Indians access to
sacred sites required in their religions, including cemeteries;
65
Whereas such laws at times prohibit the use and possession of sacred
objects necessary to the exercise of religious rites and ceremonies;
Whereas traditional American Indian ceremonies have been intruded
upon, interfered with, and in a few instances banned;” (American Indian
Religious Freedom Act of 1978 n.d.)
The loss of sacred places has gone hand in hand with colonization, loss of
land held by indigenous people and the loss or prohibition of their religions. Not
only did the U.S. Federal government systematically push Native people away
from their traditional territories, then confine them to reservations, but there were
also policies enacted intended to assimilate Native people into white culture and
society by making the practice of traditional ways illegal. The Indian Homestead
Act of 1875 encouraged Native people to abandon their tribes and become
acculturated to white society in return for a homestead. Soon after, the Dawes Act
was passed which subdivided tribally held land into parcels which were allotted to
families, resulting in the destruction of the tribe as a cohesive unit and the loss of
millions of acres of tribal land.
Indian children were removed from their families and sent to white
boarding schools, returning unable to speak their native languages. Different
denominations of the Christian faith divvied up the reservations as fertile mission
ground and federal subsidies were provided to Christian missionaries to educate
Native children under the Civilization Act of 1819. Under the Grant
Administration entire nations were placed under the jurisdiction of specific
churches as Federal Indian Agents were nominated by those churches. (Swift
1998)
66
Native American people were forbade to practice their traditional religions
and expected to convert to Christianity. In 1883 the Bureau of Indian Affairs
issued throughout the reservations a circular entitled “The Code of Religious
Offenses” which effectively prohibited the practice of traditional Native
American Religions. (Ballantine 2001) This policy continued well into the 20th
century. The potlatch was outlawed in 1885. In 1921 the Bureau of Indian Affairs
issued Circular 1665, which advised all superintendents and missionaries to
discourage Indian dances. These restrictions ended in 1934 with the Indian
Reorganization Act. (Ballantine 2001)
In the 1970s, under legislation to protect endangered species Native
Americans were arrested for possessing eagle feathers for religious purposes.
They were also arrested for using peyote in religious ceremonies. (Swift 1998) In
1990 the US Supreme Court upheld an Oregon law that outlawed Peyote use
(Oregon Employment Division vs. Smith). In light of these past injustices, the
recovery of sacred sites plays an integral role in the resurrection of Native
American Religious practices and culture.
The American Indian Religious Freedom Act lacked sufficient weight to
protect Native American rights and so in 1993 the Religious Freedom Restoration
Act was passed, and by 1994 the American Indian Religious Freedom Act
Amendments were passed as Public Law 103-344. (American Indian Religious
Freedom Act of 1978 )
67
Two years later, in 1996, President Clinton passed Executive Order 13007.
It charges executive branch agencies responsible for managing federal lands with
the following:
to the extent practicable, permitted by law, and not clearly inconsistent
with essential agency functions, (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.
Where appropriate, agencies shall maintain the confidentiality of sacred
sites. (Clinton 1996)
One definition used by President Clinton’s xecutive Order 13007,
defines a sacred site as a defined place that is “sacred by virtue of its established
religious significance to, or ceremonial use by, an Indian religion” (Clinton,
1996) (provided that the Tribal authorities have informed the government of the
existence of the site.) Clinton also later issued Executive Order 13175 in 2000 to
“establish regular and meaningful consultation and collaboration with
tribal officials in the development of Federal policies that have tribal
implications, to strengthen the United States government-to-government
relationships with Indian tribes, and to reduce the imposition of unfunded
mandates upon Indian tribes” (Clinton 2000).
In 2010 Secretary of Agriculture, Tom Vilsack ordered a study on how
the U.S. Forest Service could better accommodate and protect American Indian
and Alaska Native sacred sites while pursuing the agency's multiple use mission.
In December 2012 the results of the study were reported. The study included
listening sessions with tribal leaders, culture-keepers, traditional practitioners,
unaffiliated Native descendants and the general public who raised concerns about
the lack of consultation and collaboration with Native people in managing sacred
sites, concerns that sacred sites didn't carry the same weight as other competing
68
uses and finally concerns about actions by the Forest Service that have destroyed
or damaged sacred sites. (USDA Office of Tribal Relations and USDA Forest
Service 2012)
“American Indian and Alaska Native values and culture have made our
nation rich in spirit and deserve to be honored and respected,” Vilsack said in a
press release announcing the report. “By honoring and protecting sacred sites on
national forests and grasslands, we foster improved tribal relationships and a
better understanding of Native people's deep reverence for natural resources and
contributions to society.” (Toensing 2012)
The report itself does not change policy. However, in conjunction with the
release of the report the Departments of Agriculture, Defense, Energy and the
Interior signed a Memorandum of Understanding with the Advisory Council on
Historic Preservation agreeing to increased interagency collaboration to improve
protection of sacred sites as well as access to sacred sites by Native people. These
improvements include training of federal staff on existing legal protections for
access to and protection of sacred sites and training to improve consultation and
collaboration with Indian tribes, tribal leaders, and spiritual leaders. Other
improvements include development and implementation of best practices for
managing sacred sites and efforts to educate the public about the importance of
maintaining the integrity of sacred sites as well as a mechanism to protect the
confidentiality of information about sacred sites that is not meant for public
consumption. (Toensing 2012) While this does not fully resolve the problems of
69
threatened sacred sites and lack of access by those who hold them sacred, it is a
step in the right direction.
Recommendations for Further Research
The role of sacred sites in conservation is a topic that has received
considerable attention lately. Organizations devoted to the study and furthering of
this topic include Yale's Forum on Religion and Ecology (FORE), the Association
for Religion and Conservation (ARC), and the Delos Initiative, a project of the
IUCN. IUCN has published a manual on conserving sacred sites for natural
managers, aimed to help those who work for governmental conservation programs
to preserve the cultural integrity of sacred natural sites and work with those who
have managed the sacred place according to their religious customs.
There are also many case studies already existing on sacred sites. The
conclusion reached nearly unanimously is that sacred sites are valuable
repositories of biodiversity. This is to be expected for any place in which natural
integrity is preserved by prevention of human activities which disturb the land
such as resource extraction or agriculture. Many case studies compared sacred
sites with nearby areas of the same type that were not managed or part of a
conservation program. These studies found considerably higher levels of
biodiversity on the sacred sites versus the disturbed areas.
It seems that the question here is not whether conservation is effective at
preservation of biodiversity. Rather the question is one of motivation for
conservation and what conservation methods result from that motivation, be it
70
religious or governmentally mandated. I would propose a study in which at least
two sacred sites, managed and conserved because of their sacred status by local
people using traditional methods are compared with at least two sites of similar
topography and in nearby areas that are managed as conservation areas by a
government. (A third element of the study could be a comparison to another
similar conservation site run by a foreign NGO.) The study would look at how the
conservation sites compare in terms of species richness, both of flora and fauna,
that is numbers of different species, as well as in terms age, particularly of trees
and plant and animal health. Methods of conservation would be compared
between the sites. The study would also include interviews of local people to learn
about their attitudes toward the conservation area and their involvement in
preserving it or their level of cooperation in not destroying the area.
Another opportunity for further research would be a case study for the
Delos Initiative. This is a project of The IUCN/WCPA Task Force on Cultural
and Spiritual Values of Protected Areas (CSVPA). They are compiling a number
of case studies on various sacred sites in developed countries. Many of these case
studies have been proposed, but not carried out. They provide such useful
resources as a guide for researching and preparing a case study. (The Delos
Initiative, http://www.med-ina.org/delos/)
Conclusions
Sacred sites across the United States and around the globe face many
threats: development and natural resource extraction, damage and desecration,
and lack of access. It is important that these sites be protected. They are integral
71
to preserving indigenous cultures and religions and conserving land and species.
Many people and organizations worldwide and in the United States are working
hard to protect sacred sites and their spiritual, cultural and ecological value.
Various pieces of legislation address sacred sites' protection. However, much
work is still needed in order to ensure that sacred sites remain.
This case study on Tamanowas Rock shows that cross-sector collaboration
is effective and necessary in the continued fight to protect and preserve sacred
sites. This is an in-depth look at the process that a tribe, non-profit and state
agency used to purchase the sacred site in the tribe's name and protect it with a
conservation easement. It shows how collaboration helps leverage greater
resources, develops avenues for greater community-wide support and ensures the
site's spiritual, cultural and ecological values are all protected.
By focusing on the collaboration that successfully protected Tamanowas
Rock I hope to provide useful evidence and encouragement for others engaged in
battles to protect their own sacred places. Just as Tamanowas Rock is the "Heart
of the Dragon", sacred sites' protection is the "heart" of land conservation. Sacred
sites across the globe provide a tangible way for people to connect to land and
compel people to care about the earth in a unique way. In telling the story of
Tamanowas Rock, the Heart of the Dragon, my hope is that more people may
become aware of this and other sacred sites, and why they are significant. More
importantly I hope more people will be compelled to work together to protect
sacred sites. This type of collaboration between tribes, state government and nonprofits is rare and if emulated could benefit efforts to save other sacred sites.
72
Increased collaboration is necessary and can help save sacred sites, just as the
Jamestown S'Klallam Tribe, Jefferson Land Trust and Washington State Parks
saved Tamanowas Rock.
73
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