I would like to note in passing that we are facing religious freedom issues on our reservation. We are attempting to work with the Hopi Tribe to assure them their right to continue gathering young eagles which are part of certain very sacred ceremonies of the Hopi people. As in your legislation, we are attempting to balance the right of traditional Hopi people to gather these eagles, with the rights of Navajos who live on the lands the Hopi must cross to get them. We are also concerned, as are the Hopi, that the taking of eagles not lead to a decline in their population. Finally, we are concerned that religious freedom be a two-way street, that the Hopi Tribe respect the needs of traditional Navajos to gather certain materials, to freely use certain sites, and to build certain temporary structures for religious purposes. Finally, I would like to comment once more on a federal program which effectively denies Navajo people their religious freedom, as surely as any of the federal actions which are addressed by the proposed legislation. This is the federal Relocation Program, which is being carried out under Public Law 95-531 as amended. This is not a voluntary program. It is part of a federal effort to coerce people into leaving their land. I want to repeat what I said to Congress this spring: Relocation has no place in the traditional Navajo world. Suppose, you I respectfully submit to you, now that you are considering the religious needs of Native American people, that you apply your concern and insight to the problems of Navajo people who are facing relocation. We fell that a constructive resolution of this problem is possible. In a few months, we will offer our suggestions to this Congress. I ask you today to remember in your hearts why you are considering the proposed amendments to the American Indian Religious Freedom Act, and act consistent with those reasons. In conclusion, I am delighted that this Committee is addressing the issue of Native American religious freedom. I know that all the people I represent support you in your effort to protect our right to practice our religion. STATEMENT BY THE PUBLIC LANDS COUNCIL, NATIONAL CATTLEMEN'S ASSOCIATION, AMERICAN SHEEP INDUSTRY ASSOCIATION AND ASSOCIATION OF NATIONAL GRASSLANDS BEFORE THE SELECT COMMITTEE ON INDIAN AFFAIRS, UNITED STATES SENATE, ON S.1124, A BILL "TO PROVIDE A MEANS TO ENSURE THAT THE MANAGEMENT OF FEDERAL LANDS DOES NOT UNDERMINE AND FRUSTRATE TRADITIONAL NATIVE AMERICAN RELIGIOUS PRACTICES". The Public Lands Council, National Cattlemen's Association, American Sheep Industry Association, and Association of National Grasslands appreciate this opportunity to comment on S.1124, the American Indian Religious Freedom Act Amendment of 1989, introduced by Senator John McCain. The livestock industry strongly supports every individual's right to exercise his or her religion. This bill, however, goes far beyond that right, which is already guaranteed under existing law. If enacted, this legislation would give Native American enormous power, and in effect veto power, over public land management and use. It would essentially allow Native Americans to block other uses of the public lands such as livestock grazing, mining, timbering, water development, wildlife management, recreation, or any other use that would pose a "threat of undermining and frustrating" any traditional Indian religious practice. The effects are unknown but potentially enormous. The language specifying which federal lands would be affected by this bill is extremely vague. No one knows how many religious sites exist, where or how large they are, how much land would or could be affected, or what other activities could be affected. It appears the basic premise of the bill is that Native American religious use of federal land should be the primary use of those lands. This flies in the face of numerous laws that direct that our national forests, BLM lands, national parks, wildlife refuges, military lands, and other federal lands totaling -2 some 724 million acres, or one-third of the land in this nation, shall be managed for a wide variety of important uses as determined through the land use planning process or as directed by Congress. The American Indian Religious Freedom Act already requires the federal government to protect and preserve Native American religious rights and practices. The Supreme Court ruled in Lyng vs. Northwest Indians Cemetery Protective Association that this law does not create any legal rights that can be enforce against federal The court said that Indian rights "do not divest the government of its right to use what is, after all, its land." agencies. In addition, his bill would grant Native Americans preferential treatment for one particular type of religion and therefore violates the Establishment Clause of the First Amendment. It also bypasses any kind of administrative relief in case of problems, and instead authorizes direct court review. For all of the above reasons, the public lands livestock industry strongly opposes this legislation. The Public Lands Council represents the 27,000 ranchers who graze cattle and sheep on federal lands in 14 western states, and coordinates the public land policies of the National Cattlemen's Association, American Sheep Industry Association, and the Association of National Grasslands. The National Cattlemen's Association is a nonprofit trade association representing approximately 230,000 professional cattlemen throughout the nation, including individual members, 48 affiliated state cattle associations, and 23 affiliated national breed organizations. The American Sheep Industry Association represents the nation's 113,000 lamb and wool producers, including 38 state organizations, associated organizations and companies, and individual members. The Association of National Grasslands represents approximately 4,000 ranch families who graze livestock on National Grasslands in North Dakota, South Dakota, Wyoming, Colorado, and Nebraską. TESTIMONY OF GENEVA TOP SKY STUMP, OF ROCKY BOY AGENCY, REPRESENTING THE ORIGINAL CHIPPEWA CREE, ON S. 1124 AND H.R. 1546, A BILL TO AMEND A. Mr. INTRODUCTION Chairman and members of the Committee, I am indeed honored to submit written testimony on S. 1124, and H.R. 1546, which are bills to amend the American Indian Religious Freedom Act of 1978, Pub. L.95-341, 42 U.S.c. Sec.1996 (AIRFA). The Original Chippewa Cree wishes to extend it's profound appreciation to Congressman Udall for introducing the original AIRFA and H.R.1546. The Original Chippewa Cree is the political arm of the traditional religious government on the Rocky Boy Indian Reservation which conducts it's affairs without regard for the illegally imposed BIA government and under the authority of the 1855 Steven's Treaty which was signed on behalf of the Cree Indians by Chief Broken Arm, whose many descendants today comprise the traditional government, and who have never surrendered or signed away their lands guaranteed under that treaty and by right of aboriginal occupation. Those lands include the sacred Sweet Grass Hills, in northern Montana. The Original Chippewa Cree is fighting to preserve certain religious sites in the Sweet Grass Hills which they have used for many centuries and which are threatened by proposed Gold mining. B. SUMMARY OF MAJOR POINTS 1. The Original Chippewa Cree in general adopt the position of the Native American Rights Fund, as submitted by Steven C. Moore on June 18, 1989, on the need to strengthen AIRFA to restore a fair balance between Native religions and the decisions |