Santa Fe Ski Basin Proposed Expansion Ethnographic Assessment

Item Type Report

Authors Evans, Michael; Stoffle, Richard W.; Krause, Elizabeth

Publisher Bureau of Applied Research in University of Arizona

Download date 28/09/2021 13:20:12

Link to Item http://hdl.handle.net/10150/271443 -OFFICE COPY - DO NOT REMOVE Santa Fe Ski Basin ProposedExpansion Ethnographic Assessment Final Draft Report

Submitted by

Michael J. Evans Richard W. Stoffie

Elizabeth L. Krause

Bureau of Applied Research in Anthropology University of Arizona Tucson, Arizona

Submitted to Sno- Engineering Bellevue, Washington

June 1, 1993 Santa Fe Ski Basin Proposed Expansion Ethnographic Assessment Final Draft Report

Submitted by

Michael J. Evans Richard W. Stoffle

Elizabeth L. Krause

Bureau of Applied Research in Anthropology University of Arizona Tucson, Arizona

Submitted to Sno- Engineering Bellevue, Washington

June 1, 1993 Table of Contents

Chapter I: Introduction 1

Purpose of Study 1

Project Participants 1 Relevant Federal Legislation and Regulatory Policies 2 National Act 3 Early Historic Preservation Legislation 3 Archaeological Resources Protection Act 3 American Indian Religious Freedom Act 4 National Historic Preservation Act 4 Methodology 6 Native American Participation 6 Site Visits 7 Chapter II: Cultural Resources 9 Pueblo Prehistory and History in the Study Area 9 Nambe and Tesuque 11 Pueblo Cultural Resource Use in the Study Area 11 Contemporary Pueblo Cultural Resource Concerns 13 Types of Cultural Resource Impacts 13 Religious Impacts 14 Natural Resource Impacts 15 Physical Impacts 16 Metaphysical Impacts 16 Emotional Impacts 16 Significance and Dimension of Impacts 18 Secrecy and Trust 18 Chapter III: Discussion of Expansion Alternatives 20 Alternative 1 - No Action Alternative 20 Alternative 2 - Additional Development within the Existing Area 20 Alternative 3 - Expansion of Permit Area into Lower Ravens Ridge 22 Alternative 4 - Expansion of the Permit Area to Include Lower Ravens Ridge and Backcountry Skiing in the Big Tesuque 22 Alternative 5 - Expansion of the Permit Area to Include Lower Ravens Ridge and Trail Skiing in the Big Tesuque 23 Traditional Cultural 24 Section 106 Review Process 24 AIRFA 25 Mitigation 26 References Cited 27

Annotated Bibliography 34 Appendix One: Research Team Participants 48 Appendix Two 49 List of Tribal and Community Contacts 50 Leaders for the Twenty -Two , 1993 51 Appendix Three: 1992 Amendments fo National Historic Preservation Act: Implications Implications for Section 106 Review (Advisory Council On Historic Preservation Memorandum) 53 Appendix Four: Nambe Pueblo Proposed Mitigation [ Not for Public Distribution ) 54 Chapter Introduction Purpose of Study

The purpose of this research study was to conduct an ethnographic assessment for an Environmental Impact Statement (EIS) of a proposed expansion plan for the Santa Fe Ski Area located in the Sangre de Cristo Mountains north of Santa Fe, New Mexico. Along with expansion into forest areas outside the existing Special Use permit boundaries, the proposed plan includes new buildings, parking lots, lifts, ski runs, and snowmaking within the existing ski area boundary. The ethnographic assessment concentrates on those cultural resources known to be in the area, as identified by Pueblo participants in the research study. As stated in the Scope of Work provided by Sno- engineering, this project had three objectives: a) what impact would the project have on the traditional uses, cultural uses, values, and belief practices of Tesuque Pueblo and other Pueblos' uses of the area; b) how would the ski area expansion affect the traditional use area of the Tesuque Pueblo and other Pueblos; and c) what specific areas of traditional cultural use, including those of Hispanic origin, would be affected by the proposed alternatives. This ethnographic assessment builds on previous project -related research (Woods, O'Brien, and Friedman 1989; Woods and O'Brien 1989; Lang 1989; Viklund 1985). This is a process called tiering and is recommended in environmental impact assessment (EIS) guidelines. Tiering permits the EIS to contain environmental impact findings produced during earlier studies of the project proposal, such as at the Environmental Assessment stage. Tiering reduces redundant research, assures that all pertinent research is included in the EIS, and permits the EIS to contain more project -specific information and conclusions. The study area for this project included the existing Santa Fe Ski Area (see Map 1), plus all the proposed expansion acreage. The Santa Fe National Forest, which encompasses the Sangre de Cristo Mountains, administers all the land included in the study area. These mountains separate the eastern plains from the Rio Grande Valley. The Santa Fe Ski Area is located on the west slope of the Sangre de Cristos approximately 20 miles to the northeast of Santa Fe. The elevation within the study area ranges from 10,000 to over 12,000 feet. Included in the study area were Aspen Basin, Aspen Peak, Lake Peak, Nambe Lake, Santa Fe Lake, and the drainages formed by the North Fork of Tesuque Creek, the Santa Fe River, and the Rio en Medio. Project Participants

At the beginning of the study, the research team (see Appendix One) contacted 22 American Indian tribes including all 19 Pueblos, the Jicarilla Apache , the Mescalero Apache Tribe, and the Navajo Tribe, to see if they wanted to participate in the consultation process. A total of seven Pueblo tribes participated in this ethnographic assessment. Appendix Two contains a complete list of the governments and organizations we contacted as part of this study. To protect confidentiality, individuals are not identified in this report. - 1 - During the study we also contacted individuals from the Hispanic community in Santa Fe. Unfortunately, unlike Native American tribes and other communities in the Southwest, there are no easy, one -point contact organizations for Hispanics in the region. Even the individuals we contacted could not say they represented any Hispanic community or that all of their views would even be acceptable to other Hispanic individuals. They also could not point us to organizations, groups, or community networks that could represent Hispanic concerns. Nevertheless, we recorded their thoughts and concerns regarding the Santa Fe Ski Area expansion proposal. The participation by Pueblo people in this study occurred on three different levels. The first level of participation consists of confirming statements of support and agreement for another Pueblo's position. After initial discussions with the study team about the project, Picuris, Santa Clara, San Juan, San Ildefonso, and Taos Pueblos all added verbal confirming statements to the position taken by Tesuque Pueblo in this ethnographic assessment. The second level of participation in this project was the reiteration of previous statements of position or concern. Tesuque Pueblo participated in the previous work of Dames & Moore in 1988 (Woods, O'Brien, and Friedman 1989, Woods and O'Brien 1989). At a meeting with the Governor of Tesuque Pueblo concerning this study, the Governor repeated the Pueblo's position as outlined in the reports for Dames & Moore. The Governor did not think it was appropriate for the Pueblo to offer up any more information than his Pueblo had already given during the Dames & Moore work. The third level of participation in this project was to offer original information and visit the study area, along with making confirmation and support statements regarding other Pueblos' positions. Nambe Pueblo was the only tribe that chose to participate at this level in this ethnographic assessment. Sixteen of the 22 American Indian groups contacted did not make any response to our tribal contact letters and telephone calls. These include 12 Pueblos, the Jicarilla Apache Tribe, the Mescalero Apache Tribe, and the Navajo . The tribes sought to make clear that their participation in presentations, discussions, and site visits should not be interpreted as a sign of support for the project. Furthermore, this is neither a "clearance" document nor an endorsement of the Santa Fe Ski Basin expansion plan alternatives by the Native Americans involved in this ethnographic assessment project. Relevant Federal Legislation and Regulatory Policies

Several pieces of federal legislation help provide guidelines for the impact assessment of cultural resources when development projects occur on federal land or use federal funds. These include the National Environmental Policy Act (NEPA), American Indian Religious Freedom Act (AIRFA) of 1978, the Archaeological Resources Protection Act (ARPA), and the National Historic Preservation Act (NHPA) of 1966, as amended in 1988. Each of these pieces of legislation relates in one degree or another to the ethnographic assessment of the proposed expansion of the Santa Fe Ski Area. National Environmental Policy Act

The National Environmental Policy Act (NEPA, PL 91- 190, 40 CFR 1500 et seq.) requires completion of an Environmental Impact Statement (EIS) for any federal action determined to have potentially significant environmental impacts. NEPA encourages the preservation of historic resources and requires consideration of social impacts. A report of the Council of Environmental Quality specifically directs the solicitation of information and participation from affected Indian tribes at the earliest possible time in the NEPA process (40 CFR 1501.2). The lead agency in the process is also directed to invite the participation in the scoping process of any affected Indian tribes as well as federal, state, and local agencies or other interested persons (40 CFR 1501.7). In addition, the agency preparing the draft environmental impact statement is directed to request the comments of Indians tribes where effects may be on their reservation (40 CFR 1503.1). Early Historic Preservation Legislation

Concern for historic and cultural resources has been expressed in legislation throughout the twentieth century. In 1906, the Antiquities Act (PL 209, 16 U.S.C. 431 -33) authorized the President of the to declare landmarks, structures, and objects of historic or scientific interest to be national monuments and to reserve land to aid in their protection. On August 21, 1935, the Historic Sites Act (PL 74 -292, 49 Stat. 666) provided for the preservation of historic American sites, buildings, objects and antiquities of national significance and confirmed the role of the National Park Service as the federal government's central agency for historic preservation. On October 26, 1949, Congress created the National Trust for Historic Preservation to receive donations of sites, buildings, and objects significant in American history and and to preserve and administer these for the public benefit. The 1974 amendments to the Act (PL 93 -291) added significant scientific and prehistoric categories to the list of items that would require notification and preservation in the public interest. The amendments also require consent of "public entities having a legal interest in the involved." Archaeological Resources Protection Act

The Archaeological Resources Protection Act ARPA, PL 96 -95, 93 Stat. 712, 16 USC 470) became law in 1979 and extended protection of archaeological resources on federal and Indian land. Archaeological resources are defined as material remains of past human life or activities that are of archaeological interest, having retrievable scientific information, and over 100 years old. Under ARPA, excavated resources remain the property of the U.S. government, subject to inventory and repatriation in accordance with the Native American Graves Protection and Repatriation Act. ARPA provides the first significant criminal penalties for the vandalism, alteration, or destruction of historic and prehistoric sites or for any transaction conducted with an archaeological resource that was excavated or removed from public or Indian lands or in violation of State or local law (section 6). The act directs federal land managers to notify any Indian tribe considering a site as having religious or cultural significance before issuing a permit for excavation or removal of archaeological resources from the site. Section 9 restricts the release of information concerning the nature and location of any archaeological resource requiring a permit for excavation or removal. -3- In 1984, uniform regulations were promulgated, as required by the act, by the Secretaries of the Interior, Defense, and Agriculture, and the Chairman of the Tennessee Valley Authority (43 CFR Part 7; Carnett 1991: 3). Additional regulations may be promulgated by federal land managers as needed by their agencies. The 1988 amendments of the act (pl 100 -555 and PL 100- 588) strengthened ARPA with requirements that federal agencies develop plans for surveying lands not scheduled for projects. American Indian Religious Freedom Act

The American Indian Religious Freedom Act (AIRFA) of August 11, 1978 (PL 95 -341, 42 U.S.C. 1996) reaffirms the First Amendment of the U.S. Constitution right of American Indian people to have access to lands and natural resources essential in the conduct of their traditional religion. In Section 2, Congress asks the President of the United States to direct various federal departments and agencies to consult with native traditional religious leaders to determine appropriate changes in policies and procedures necessary to protect and preserve American Indian religious practices. The act requires federal agencies to evaluate policies and procedures with the aim of protecting the religious freedoms of Native Americans including "access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites." During the twelve years since AIRFA was passed by Congress, all federal agencies have developed means of interacting with American Indian tribes having cultural resources potentially impacted by agency actions. National Historic Preservation Act

On October 15, 1966, the National Historic Preservation Act (NHPA, PL 89 -665, 80 Stat. 915, 16 U.S.C. 470 et seq.) increased the scope of historic preservation as public policy and broadened the duties of the National Park Service (Connally 1986). The Act expanded the properties to be preserved to include those significant in American history, architecture, archaeology and culture (section 101 -2). The act provides assistance to states and established the Advisory Council on Historic Preservation whose duty it is to advise the President and Congress on matters relating to historic preservation, encourage public interest and participation in historic preservation, and assist state and local governments in drafting legislation relating to historic preservation. The Director of the National Park Service, or his /her designee, serves as Executive Director of the Council. The 1980 amendments to the act directed the Secretary of the Interior to recommend ways to "preserve, conserve, and encourage the continuation of the diverse traditional prehistoric, historic, ethnic, and folk cultural traditions that underlie and are a living expression of our American heritage" (PL 96- 515, 94 Stat. 2989, 16 U.S.C. 470a). The amendments are explicit in the requirements for the protection of the confidentiality of the location of sensitive historic resources. They direct the head of any federal agency to "withhold from disclosure to the public, information relating to the location or character of historic resources whenever...the disclosure of such information may create a substantial of harm, theft, or destruction to such resources or to the area or place where such resources are located" (section 304). National Register Bulletin 29, Guidelines for Restricting Information on the Location of National Register Properties,provides full detail for agency directors. To clarify the role of traditional cultural values in project planning, the Advisory Council developed and issued draft guidelines in 1985. The Advisory Council guidelines provide a basis -4- for discussing which cultural resources are directly related to the Section 106 assessment process. A key issue addressed in these guidelines is the definition of the term "cultural value." According to the guidelines Cultural value means the contribution made by an historic property to an ongoing society or cultural system. A traditional cultural value is a cultural value that has historic depth; a non - traditional cultural value is a cultural value that lacks such depth....(The guidelines focus) on those properties, normally though not necessarily non -architectural, whose primary value springs from the role they play in maintaining the cultural integrity of a particular social group, usually a relatively small segment of the total national society, usually though not necessarily localized, often though not necessarily of ethnic minority heritage (ACHP 1985:3). The definition emphasizes those cultural values that contribute to an ongoing cultural life, what has been termed elsewhere as "persistent cultural systems" (Spicer 1971; Castile and Kushner 1981). The NHPA amendments also displayed the shift in U.S. policy toward the recognition of Native Americans, including explicit mention of the federal government's partnership with Indian tribes in the protection and preservation of prehistoric and historic resources (section 2). A report, Cultural Conservation, was prepared to respond to the directives of the act and submitted to the President and Congress by the Secretary of the Interior on June 1, 1983 (Parker and King 1990). That report directed the Park Service to prepare guidelines to assist in the documentation of intangible cultural resources. National Register Bulletin 38, Guidelines for Evaluating and Documenting Traditional Cultural Properties,fulfilled that purpose with the specific inclusion of Indian Tribes (Parker and King 1990:2). Bulletin 38 is significant for preservation of Native American cultural resources because the policies and procedures of the National Register have been interpreted by federal agencies and others to exclude historic properties of religious significance to Native Americans from eligibility for inclusion in the National Register (Parker and King 1990:3). To address this problem as well as clarify other points in the National Historic Preservation Act, amendments were signed into law on October 30, 1992. In late December 1992 the Advisory Council on Historic Preservation released a Memorandum to all Federal Preservation Officers, State Historic Preservation Officers, and Tribal Preservation Officers that briefly outlined how the new amendments will affect any Section 106 review process (see Appendix 3). The question of whether properties of traditional cultural or religious significance were eligible to the National Register was addressed specifically in Section 101 (d) (6) (A): Properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization may be determined to be eligible for inclusion on the National Register. With the addition of the 1992 amendments the National Historic Preservation Act clearly states both who and what should be considered during a Section 106 review by a federal agency. Methodology

Native American Participation

Upon notification of the project award on September 14, 1992, the University of Arizona research team arranged to begin the project work activities. Following our standard research practice, letters introducing the project and copies of our research proposal were sent to all the potentially involved tribes.' The list of tribal offices contacted is in Appendix One. Tribal contact took the form of letters, telephone calls, and meetings. Letters were sent to each tribe and Pueblo introducing the project, providing them with the research proposal, and asking for a mutually acceptable time for a meeting and presentation with the Governor and Tribal Council. These letters were followed up by several telephone calls to each Tribal office. Sometimes a meeting was not possible because of the short project timeline. Some Governors were unable to devote scarce time and resources to a topic that would not have direct and imme- diate impact on their own Pueblos or lands. Some Governors chose not to become heavily involved in the project because: a) they did not think it directly concerned them as a tribe; b) they felt it was very important but did not want to be put in a position of divulging information in a research project because they considered religious information secret and for Pueblo people only; or c) they did not believe the federal agencies involved in the expansion permit decision making would listen to their expressions of concern. Our meetings with Pueblos were always with the Governor or his staff or officials. At Nambe Pueblo, we were invited to meet with the Tribal Council after having two meetings with the Governor and his staff concerning the project. At this meeting, arrangements were made to make a site visit with Nambe religious leaders. Meetings were also held with the Governor of Picuris Pueblo, the Lieutenant Governor of San Ildefonso Pueblo, who is the environmental affairs specialist, and the Governor of Tesuque Pueblo. Both Picuris and San Ildefonso said they supported Tesuque's opposition (summarized below) to the proposed ski area expansion. They did feel further participation was appropriate for their tribes at this time. The Governor of San Juan Pueblo discussed the project over the telephone and attended a presentation at the Eight Northern Indian Pueblos Council meeting on October 13, 1992. The Governor said he supported Tesuque Pueblo's position, as did the Governor of Santa Clara Pueblo, and the Governor of Nambe Pueblo. The Lieutenant Governor of Taos Pueblo also made a supporting statement regarding Tesuque Pueblo's position after receiving the contact letters and discussion over the telephone regarding the project. In addition, the Lieutenant Governor, who also served as their cultural resources specialist, felt that the Santa Fe Ski Area was too far removed from Taos territory for the expansion plans to have an impact on Taos Pueblo's cultural resources, but this was not offered as a definitive statement of Taos cultural concerns on this issue. We presented the purpose of the study to officers of the Eight Northern Indian Pueblos Council to facilitate the communication of information to the individual tribes. The Council recommended we ask the Governors of each tribe before proceeding with any research, and

For descriptions and other applications of our research methodology, see Evans, Stoffle, and Pinel 1992; Stoffle 1987; Stoffle and Evans 1990, 1992; Stoffle, Evans, Halmo, Niles, and O'Farrell 1988; Stoffle, Evans, and Harshbarger 1988; Stoffle, Halmo, Olmsted, and Evans 1990; Stoffle, Halmo, Evans, and Olmsted 1990; Stoffle, Jake, Evans, and Bunte 1981; Stoffle, Stewart, and Evans 1984. -6- reiterated their support of Tesuque Pueblo's position of being against the ski area expansion proposals. This is a pattern consistent with general Pueblo governmental policy. In all Pueblos, the Tribal Council and officials make major decisions, especially those decisions about topics originating in the non -Pueblo world. Often the Governor is charged with deciding what topics the Tribal Council addresses. If the Governor does not think a topic is one that the Council will be interested in, or has already addressed in another context, then it is not necessary for him to bring it to the Council's attention. On the other hand, if the Governor does want to explore the topic further, he can decide to participate in the activities necessary to gather information that he can later present to the Council. Since several of the Pueblos reiterated their support for Tesuque Pueblo's opposition to the proposed expansion plans, it will be helpful to summarize that position. This summary of Tesuque's position is based on meetings we held with the Governor of Tesuque Pueblo and is also presented in the report by Woods, O'Brien, and Friedman (1989:17 -18). First, Tesuque Pueblo regards the area immediately east of their pueblo as sacred ground and religiously important. Lake Peak is known as one of the sacred mountains for Tesuque Pueblo people (Ortiz 1969: 141). The Tesuque people have shrines near Santa Fe Lake, Nambe Lake, and Spirit Lake (the latter being unidentified on contemporary topographic maps) that they visit and maintain regularly. They refuse to divulge the location of these shrines so that they will not be visited or destroyed by the non -Indian of Santa Fe and the surrounding communities. Second, Tesuque Pueblo is against the ski area expansion proposals because of damage they believe the ski area has already done to its water supply (the Tesuque Creek drainage), and the further damage and degradation of its water they believe expansion of skiing in the Big Tesuque area would entail. Even though the Santa Fe Ski Company has never used snowmaking chemicals, Tesuque Pueblo contacts told us they believe that snowmaking chemicals and inadequate sewage treatment have caused environmental damage to their water supply.2 Third, Tesuque Pueblo maintains that its opposition to the proposed expansion plans is well documented. They claim that representatives went on record in 1988 with the Dames & Moore study as being against any further ethnographic assessment efforts. For this reason the Governor did not see a reason to participate in this current study. Woods, O'Brien, and Friedman (1989:17 -18) reported a similar position statement made by Tesuque Pueblo during their work for the draft Environmental Assessment. It was this earlier position statement that the Tesuque Governor cited as being the documentation of his Pueblo's opposition to the ski area expansion proposal. Site Visits

Our proposed methods for delineating the concerns about cultural resources of the Native American participants centered on site visits and meetings with the involved tribes. It is our

2There seems to be a persistent belief that snowmaking chemicals are, or have been in the past, used at the Santa Fe Ski Area. This belief is allegedly attributed to an erroneous newspaper article sometime in the past concerning snowmaking at the Santa Fe Ski Area. Even though the ethnographers passed on the information (at the request of the U.S. Forest Service and the Santa Fe Ski Company) that snowmaking chemicals have never been used by the Santa Fe Ski Company, our contacts remained concerned about their water supply. -7- standard research policy (and consistent with federal policy concerning government -to- government relations) that if a tribal government chooses not to participate in a project, we do not attempt to interview or involve any members of that Indian tribe. This approach recognizes and respects tribal sovereignty (Pinel and Evans 1992). Nambe Pueblo was the only tribe that chose to make a site visit to the project area. This site visit served as a forum during which a group discussion occurred. The participants were able to express their thoughts and feelings concerning not only the cultural resources they saw, but also the full range of the ski area expansion proposal. Because the site visit and interview participants were chosen by the tribal officials of the Pueblo, and not by the research team, it was not possible to stratify them by age, sex, or other variables. However, these participants are representative of the Pueblo, precisely because they were chosen by their tribal officials to participate in the project. The site visit was scheduled at the convenience of the Pueblo. The Nambe Tribal Council chose the people who went on the site visit. The participants in the site visit were all knowledgeable people familiar with the area, or the resources found there. One of the site visit participants had been involved with a similar effort to identify cultural resource impacts for a proposed powerline project in the Jemez Mountains. Chapter II Pueblo Cultural Resources

The presence of the Pueblo peoples and their ancestors in the northern New Mexico area is evident for a period stretching back thousands of years. Countless archaeological sites throughout northern New Mexico provide pertinent data as to the continued occupation of Puebloan peoples in the region (cf. Hibben 1937). Archaeological evidence from existing Pueblos (Ellis 1964, 1966a, 1966b, 1979; Ellis and Brody 1964) adds weight to the statement made by one Pueblo person that "we've been here for thousands of years, and we'll be here for thousands more." This report is not meant to cover the prehistory or history of the study area since previous studies have already done so. Puebloan prehistory, , and history in northern New Mexico comprised the bulk of the Woods, O'Brien, and Friedman report (1980: 2- 13). Both Dozier (1970) and Ortiz (1979) also include useful information on prehistory and ethnohistory of Pueblo groups. The following section adds high- altitude archaeological data and a linguistic interpretation of population movement that was missing from the Woods et al. reports. Pueblo Prehistory and History in the Study Area

The prehistory of the Sangre de Cristo Mountains and the surrounding area can be categorized by three large divisions: PaleoIndian, Archaic, and Puebloan. Paleolndian were present in the region as far back as 12,000 years ago. The diagnostic artifacts for these cultures are large fluted spear points, used to hunt large game animals. A Clovis point was reported as a surface find in 1959 in the Sangre de Cristos (Wendorf and Miller 1959). The Archaic division is usually given a chronology from 2,000 to 7,000 years. The atlatl replaced the spear as the main hunting weapon, and a greater reliance on plant foods is evidenced by the number of grinding tools found at Archaic period sites (Irwin- Williams 1967, 1973, Wendorf and Miller 1959). One cultural grouping found within the Archaic division period is the hunting and gathering Oshara tradition. These people came from the desert in the west, living in and using the forest lands of the Jemez and Sangre de Cristo Mountains (Ungnade 1963). The Puebloan period (also called the Formative period or Anasazi period) occurred between A.D. 1 and A.D. 1540. The Santa Fe Ski Area is located within the range of the Eastern Anasazi occupation area. The Eastern Anasazi are characterized by large multistoried archaeological sites, with the best examples being found within Pecos, Bandelier, and Chaco Canyon National Monuments. The Eastern Anasazi culture area has six major chronological divisions: Basketmaker II (A.D. 1 to 500), Basketmaker III (A.D. 500 to 700), Pueblo I (A.D. 700 to 900), Pueblo II (A.D. 900 to 1100), Pueblo III (A.D. 1100 to 1300), and Pueblo IV (A.D. 1300 to 1540) (Cordell 1979: 131 -151). The modern -day Pueblos are descendants of the Eastern Anasazi peoples. However, the Eastern Anasazi were not all one people as evidenced by the presence of six major language groups: Tiwa, , Towa, Keresan, Hopi, and Zuni. The Rio Grande Pueblos all fall linguistically into the first four of these language groups. To a certain extent, language is -9- correlated with the archaeology of the region, helping to explain and map the settlement movements of the early Puebloan peoples (Ford, Schroeder, and Peckham 1972: 19 -39). Towa speakers historically occupied several pueblos in the Jemez area and one at Pecos. Beginning about A.D. 1 the Towa speakers lived in northern New Mexico, moving south to the Gallina area (north of Cuba, New Mexico) by about A.D. 900. By A.D. 1250, their southward movement ended in the Jemez region. A contingent of Towa speakers settled in the Pecos region, where they lived until 1838. At that time, their population, which numbered over 2,000 at the time of the Spanish entry into northern New Mexico in 1540, had dwindled to just 17 to 20 men, women, and children (Kessell 1990:492; Parsons 1925:130 -135). These final survivors of Pecos Pueblo moved to join their linguistic cousins at Jemez Pueblo.3 Jemez Pueblo contains the only Towa language group among the 19 Pueblos. Tiwa speakers were living along the Rio San Jose from Grants to the confluence of the Rio San Jose and the Rio Puerco. Tiwa settlements occurred along the Rio Puerco as it turns south and then joins the Rio Grande. The southern boundary of the Tiwa ended at the confluence of the Rio Salado and the Rio Grande north of Socorro. The Tiwa also lived along the Rio Grande from Española to the Rio Salado. By about A.D. 1250, the Tiwa had split into two groups, one centered around the Taos area, and the other located from the area of present -day Albuquerque to Socorro. Tiwa language group Pueblos are the present -day Isleta, Sandia, Picuris, and Taos Pueblos. Tewa speakers shared a common occupational area with the Towa until about A.D. 700. By A.D. 1000, the Tewa had split from the Towa and were living in the upper San Juan River region. They moved south down the Chama and the Rio Puerco to just north of Albuquerque. During the next 300 years, Tewa speakers occupied the Galisteo Basin and areas on the east side of the Sangre de Cristos. By A.D. 1400, Tewa speakers were centered in the Española area. Present -day Tewa speakers include San Juan, Santa Clara, San Ildefonso, Nambe, Tesuque, and Pojoaque Pueblos. Keresan speakers originally came from the Chaco Canyon area, with their occupational range extending north to Mesa Verde, and east to Acoma and the middle Rio Puerco. By A.D. 1150, Keresan speakers had moved to the middle Rio Puerco, causing the local Tewa speakers already there to move to the Galisteo Basin area. By A.D. 1400, Keresan speakers had settled in the Rio Grande area from Santa Fe to Albuquerque. Present -day Keresan Pueblos are Laguna, Acoma, Santo Domingo, San Felipe, Cochiti, Zia, and Santa Ana. Archaeology studies at Nambe, Zia and Taos place early occupation dates for these Pueblo villages before A.D. 1300 (Ellis 1964:34, 1966a:806; Ellis and Brody 1964:316). It is obvious, therefore, that present -day Pueblo are direct descendants of Puebloan peoples who have occupied the northern New Mexico region for thousands of years. The modern -day Pueblo villages have been continuously occupied for hundreds of years, giving the Pueblo people a strong sense of history and continuity to the land that surrounds them.

3While linguistically related, the Pecos people and the Jemez people were only superficially culturally related. This cultural division is still manifest today by the approximately 400 Jemez Pueblo residents that trace their ancestry back to Pecos Pueblo. One of the Lt. Governors of Jemez is routinely chosen from these Pecos descendants and is commonly known as the "Pecos Governor." -10- Nambe and Tesuque Pueblos

Nambe Pueblo is located 15 miles north of Santa Fe. The ancestral lands of Nambe and Tesuque share a common boundary on the southern side of the Rio Nambe drainage. The actual boundary between the two Pueblos was known exactly with small stones and shrines marking the corners (Ellis 1966b:104). Historically there were nine Nambe villages in the foothills of the Sangre de Cristos (Ellis 1979). Today, the Nambe Pueblo lands consist of approximately 20,000 acres; 12,500 acres from the original land grant, 6,228 acres of reservation land established in 1902, and 160 acres purchased in 1951 referred to currently as Rancho Viejo (Indian Claims Commission 1965; Pinel and the Pueblo of Nambe 1992). Tesuque Pueblo is widely regarded as the most culturally conservative of the Tewa tribes (Edelman and Ortiz 1979:330). It is the southernmost Tewa Pueblo and the closest to Santa Fe, only nine miles away. The ancestral lands of Tesuque included all the area that is now part of the Santa Fe Ski Area, including the Big Tesuque area in the proposed expansion plan. Presently, Tesuque Pueblo lands total 17,025 acres; 16,707 from the original Spanish land grant (confirmed by Congress in 1858), and the 318 -acre area known as Aspen Ranch, a purchase made in 1937. Pueblo Cultural Resource Use in the Study Area

Given the hundreds of years that Pueblo people have occupied their current Pueblo villages, we would expect to find a continuing and widespread use of the resources found within the region. This expectation is confirmed by the literature and ethnographic assessment. All of the Pueblos farmed extensively. These farms were relatively close to the Pueblo villages, however, and little systematic attempt was made to farm areas that were a large distance away from where people lived. In the past, the mountains and plains were used for hunting. A variety of game animals were hunted, including deer, elk, mountain sheep, bear, rabbits, and turkeys. Tyler (1991) documents the ways in which birds, and their feathers, provide a frame of reference for Pueblo ceremonialism and community life. Pueblo peoples' historical reverence for wildlife continues to the present day (Godfrank 1927; Harvey 1972; Sando 1976, 1982; White 1945). Another use of the environment was fishing, which was done in the streams and rivers. The sacred lakes were not used for fishing, however. At the present time, important ceremonial hunts, as well as subsistence hunting, is still done by Pueblo men in the Sangre de Cristo mountains and in the Jemez mountains. The primary game animals today are deer, elk, bear, and turkeys. The mountains were also sources of plants used for medicinal, food, and religious purposes (Robbins, Harrington, and Freire- Marreco 1916; Stevenson 1915). Important species of plants included yucca, juniper, willow, cottonwood, chokecherries, wild strawberries, wild onions, cactus, acorns, and wild celery. Today, most plant use is associated with religious and medicinal activities. One of the most important resource uses in the Sangre de Cristos for Pueblo people, both in the past as well as today, is religious and ceremonial. The mountains define the Pueblo sacred world and help channel the prayers of Pueblo people to the spirit world (Ortiz 1969; Evans, Stoffle, and Pinel 1992; Evans and Stoffle 1992). Pueblo peoples have evolved a religion that embodies a sense that they can exert some control over their environment (Ford 1992, 1972). Fundamental to their religious belief is that, cosmologically speaking, the world is orderly, where - 11 - all things- plants, animals, people, spirits, water, and mountains -is spiritually linked and dependent on each other. If the world is orderly, then it is knowable, and if knowable, then it is controllable. Pueblo religion contains several elements designed to give Pueblo people control over their environment, for example, producing rainand furthering the growth of crops (Bunzel 1932). Equally important to the control over nature is the need to keep in harmony with nature; failings or imbalances can bring on disaster (Eggan 1972; Evans and Stoffle 1992). This helps explain why Pueblo spirituality permeates all aspects of Pueblo daily life (Euler 1954; Sando 1976). The most common form of controlling, communicating, and generally interacting with the spirits that inhabit the Pueblo sacred world is through prayers and ceremonies. Prayers are linked through physical places in this world to places in the spirit world. It is through these places that the prayers can be best communicated to the spirit world. Located somewhere in each Pueblo village is the mother -earth navel. While unpre supposing to look at (often non -Indian people will not be able to recognize it as having any kind of value at all), the mother -earth navel acts as a direct connection to the Below Place were Pueblo people first lived and where the most important spirits still do live. All other shrines, both within and without the pueblo, are linked to the mother -earth navel by the prayers and blessings to and from the spirit world. Four of these shrines are located at the edges of the pueblo, with four more being on the four sacred hills near the Pueblo village. Severalof these sacred hills are in the area of the Sangre de Cristos, including Black Mesa, and Chimayo (where the village of Chimayo is located). At the outer edge of the Pueblo sacred world are the sacred mountains. Each Pueblo village has four of them, with some Pueblo villages having the same ones. The northern sacred mountain is Canjilon Mountain, in the Chama drainage northwest of San Juan (Ortiz 1969).4 The southern sacred mountain is Sandia Crest, immediately east of Albuquerque. The eastern sacred mountain is different for several of the Pueblos. The mountains most commonly known as sacred are South Truchas Peak (sacred for the San Juan, Santa Clara, and San Ildefonso), Lake Peak (sacred for Nambe and Tesuque), and Jicarita Peak (sacred for Picuris and Taos). The western sacred mountain is Chicoma, the tallest mountain in the Jemez. At the turn of the century, this sacred mountain had a very large and extensive shrine at its summit (Douglass 1912). While the mother -earth navel and the other surrounding shrines are highly important in Pueblo religious life, in many respects the most important shrines are the ones on the sacred mountains. These are called nan sipu and are the ones the Pueblos use to control and access the power of the mountains. The nan sipu shrines are the only places where the Below Place, the Middle Place, and the Above Place all come in contact together at the same point. As a consequence, the spirit world is most accessible to human beings at the nan sipus . The purpose of the nan sipu shrines is to collect the blessings of all three of these spirit worlds and transmit them to the mother -earth navel in the pueblo, where they are redistributed to the homes of the people (Ortiz 1969:19). The importance of these shrines to the present project is that they define a correspondence between the physical landscape of the Pueblo world and the spiritual landscape of Pueblo

4 Harrington (1916:44) gives San Antonio Peak,near the Colorado border northwest of Taos, as the northern sacred mountain. Most modern writers follow Ortiz, primarily because Ortiz is from San Juan Pueblo, and presumably writes with an insider's knowledge. - 12 - religion. While the physical landscape can be thought of as a sacred place, there are always particular locations within the physical landscape that have particular importance. The sacred mountains and lakes are such locations, but there can also be other locations that gain their sacredness by being used repetitively for religious activities. The definition of sacred space to an Indian person illustrates how a location can acquire sacredness from the activities performed there. An Indian person visits sacred space, such as a mountain peak, the shores of a lake, or a forest shrine, to gain some insight into the world and the reality he or she lives in. Therefore, an Indian person enters sacred space as part of a religious experience. Any place where such experience occurs acquires sacredness to the Indian person as a result of the activity that occurs there. However, the sacred nature of the location is not diminished through the lack of activity over time, no more than hallowed grounds of Christianity or Judaism lose sacredness due to the passage of time or changes in national boundaries. Because the mountain peaks, lakes, and ridges that surround the Santa Fe Ski Basin are sacred in Pueblo religion (in particular, the Lake Peak area, Nambe Lake, Santa Fe Lake, and Tesuque Creek), and because the shrines that mark the nan sipu, the hunting shrines, and the shrines for lesser gods and animals are located throughout the landscape, Pueblo people claim the whole area as sacred. Since the nan sipu act as part of a communication system with the spirit world, it is not necessary for Pueblo people to be present at a shrine for the shrine to carry out its function. A nan sipu shrine functions independent of Pueblo involvement, just as a satellite antenna continues to operate largely unattended. With the exception of basic maintenance and certain yearly ceremonies, a nan sipu shrine may go unvisited for years. Infrequent visits neither mean that the shrine is unimportant nor that the ceremonies connected with the shrine are no longer conducted. Just as if a satellite dish is knocked out of place, or if the television signal is physically obstructed, human activity can disrupt the communication signals of shrines. Furthermore, such disruption to the functioning of the shrine can be detrimental to its religious function. Shrine maintenance, performed by Pueblo people, helps to maintain the religious function of the shrine. This maintenance can include rebuilding or enhancing the shrine if it has fallen down due to natural causes, clearing grass or weeds, and prayers said at the shrine's location. During the site visit to the study area, shrine maintenance was performed by the heads of the two societies from Nambe Pueblo as part of their religious duties. Contemporary Pueblo Cultural Resource Concerns

As mentioned earlier, Nambe Pueblo was the only Pueblo able to make a site visit to any portion of the study area. As part of this ethnographic assessment, the War Captain, and the heads of the two kivas (Squash and Turquoise) accompanied Evans for a day -long site visit just prior to the first snowfall of the season. During the course of this site visit, these religious leaders from Nambe expressed their religious beliefs and concerns as they pertained to the proposed ski area expansion. Other Pueblo people expressed their concerns to the research team during meetings and presentations about the project. Types of Cultural Resource Impacts

The concerns of the Pueblo people can be grouped into two broad categories. The first of these is the impacts on religion. These impacts can occur on religious objects, sites, or beliefs. Subcategories within the religious impact category are physical impacts, metaphysical impacts, - 13 - and emotional impacts. The second category is the impacts on natural resources, which can be plants, animals, water, and the land itself. Subcategories of natural resource impacts are the same: physical, metaphysical, and emotional. In addition to these two broad categories of concerns (religion and natural resources) as expressed by the Pueblo people, cultural resource impacts can be categorized further into concepts suited for an environmental impact statement. These categories cover the significance of the impacts (major or minor), and whether the impacts are positive or negative. All of these categories can have either a positive or negative dimension. In theory it is possible to have positive physical, metaphysical, or emotional impacts for either religion or natural resources. The nature of the ski area expansion proposal is such that there are no known positive impacts on Pueblo cultural resources that would be produced by the proposal to expand the existing ski area. Religious Impacts There are over half a dozen Pueblo shrines in the immediate vicinity of the existing Santa Fe Ski Area. Three of these shrines are between the ski area and Lake Peak, and three are along one of the ridges bordering the Big Tesuque drainage. The Pueblo people who participated in this project were quite clear that they did not want this report to identify the exact location of these shrines. This was due to a reluctance to divulge religious knowledge to non -Indian outsiders and the fact that, for the most part, the shrines do not seem to have been "discovered" by New Age religious adherents and other non -Indian people. Some Pueblo people perceive the presence of non -Indians "worshipping" or visiting their shrines as a type of desecration. The six shrines identified during the site visit and in meetings with Pueblo people belong to either Nambe or Tesuque. Other shrines in the area may belong to Picuris, Santa Clara, San Juan, Pojoaque, and Jemez, although the Indian people did not provide information concerning the ownership of these shrines. At least one of the Lake Peak area shrines potentially would be impacted by the expansion of the ski area in the Lake Peak vicinity due to the increased number of skiers using that area. Current impacts that can be specifically attributable to skiers is not possible. According to Santa Fe Ski Company staff, the area the shrine is in is generally blown free of snow during the winter. Since there is little or no monitoring of skier activity on a continuous basis, it is difficult to determine whether skiers or summer hikers are the cause of the current impacts to this shrine. The increased number of skiers using "the chutes" down into the Nambe Lake basin could potentially have an adverse effect on the sacred Nambe Lake. "The chutes" are natural rock formations above Nambe Lake that when covered with snow provide "extreme" or "super expert" skiers a fast and challenging downslope run. While this area is technically outside the Santa Fe Ski Area permit boundary as currently defined, facilitating access to the ridge below Lake Peak probably would increase the number of skiers using "the chutes." This skiing activity is ongoing, and the perception of some of the people in the local Santa Fe community we contacted as part of this Native American and Hispanic ethnographic assessment is that it is being promoted by the Santa Fe Ski Company.5 Without mitigation, none of the alternatives

5 As with any controversial project, rumors are widespread concerning the operations of the Santa Fe Ski Area and its history. Another belief that we were told durin g the ethnographic assessment was that VIPs were met in the - 14- (discussed below) would specifically reduce or eliminate skiing "the chutes ?' It should be noted that any increase in the number of people (be they downhill skiers, cross country skiers, snowshoers, or summer hikers) is considered to be detrimental to the area by the representatives from Nambe Pueblo, from both a religious and an environmental perspective. The Big Tesuque area shrines were identified by Pueblo people as most likely belonging to Tesuque Pueblo. There could be a direct physical impact from the increased number of skiers in the Big Tesuque, which because of the increased amount of human traffic (through both winter and summer use) could lead to physical damage to the shrines. In addition, there could be negative impacts because of disturbance of the religious communication functions of the shrines, especially during solstice ceremonies. Natural Resource Impacts Several natural resource concerns were expressed by Pueblo people during the course of our fieldwork. The most commonly expressed concern was with the possibility of water quality degradation in the Tesuque Creek. Both Nambe and Tesuque Pueblo representatives expressed concern that their water (from the Rio Nambe and Tesuque Creek, respectively) had already suffered adverse impacts from the existing ski area operations and general increased visitor use of the Santa Fe National Forest and Pecos Wilderness. As part of the concern about water quality degradation, there was the persistent perception that chemicals are or will be used to make snow. A concern was expressed about the possible pollution effects these chemicals would have on the water quality if they were used. Additional concern was expressed about how the current snowmaking was affecting the water quality of the creeks and rivers where the runoff drains. Pueblo people also cited the alleged problems the Santa Fe Ski Area has had in the past with sewage treatment as further examples of the types of possible degradation to their water supply. Additional natural resource concerns centered on the impact of expanded skiing operations on the game animal population in the Big Tesuque area. Individuals consulted during this ethnographic assessment stated that they hunt in the area and do not want their opportunities to hunt to be curtailed by increased winter sports activities. Specifically, elk, deer, turkey, and grouse were all mentioned as being in the Big Tesuque area. It is unclear how much winter hunting is occurring in the area, because the hunters we talked with were reluctant to divulge out- of-season and other illegal hunting activities. Ceremonial hunting by Pueblo men does not necessarily follow the legal "hunting season" for a species, especially elk and deer. There is a considerable amount of legal hunting by both Pueblo and Hispanic people occurring during the appropriate seasons. In addition, Tesuque Creek is known to hold brown, cutthroat, and brook trout, all of which are fished for by Pueblo, Hispanic, and Anglo fishermen .6 Hunting is an important cultural activity for Pueblo people, both for religious and subsistence reasons (Beidleman 1956; Henderson and Harrington 1914; Lange 1951, 1953; White 1930, 1945a, 1945b). There are shrines in the Big Tesuque area (as well as throughout the Santa Fe National Forest) that are thought of as "hunting shrines." These shrines are visited by hunters as part of ceremonial and individual hunts. Prayers are made during these visits that Pueblo people feel have a direct bearing on the success of the hunting activity.

vicinity of Nambe Lake after skiing the chutes, and driven back to the main area by snowmobile. It is beyond the scope of this ethnographic assessment to determine how widespread these beliefs are or why people have them. 6 The Sangre de Cristo Flyfishermen's Association has conducted stream cleanup and rehabilitation work on the Tesuque Creek with Forest Service assistance. The stream is not, however, stocked with trout. - 15- Physical Impacts The term physical impacts describes actions that change items in the physical world, such as objects or sites. Physical impacts can be positive, such as an improvement in soil conditions that allows for a Native American food plant to flourish, or negative, such as the destruction of a Pueblo shrine. Physical impacts do not occur in isolation; there can be both metaphysical and emotional ramifications from either positive or negative physical impacts. Metaphysical Impacts The term metaphysical impacts describes actions that change the spirit world and the sacred beings that live there. Hypothetical metaphysical impacts might be an enhancement or degradation of communications with the spirit world. The physical and metaphysical world are intimately related in Pueblo religious thought (Parsons 1939; Ortiz 1969). For example, in a recent cultural resource project in the Albuquerque area, a noted Pueblo elder described a particular physical landscape (which contains Pueblo shrines) as having special properties due to the sacredness of the communication channels to the spirit world. One of these properties is that the Albuquerque area had been declared by the spirits to have no violent weather. The spirits had declared the Albuquerque area as a "non- violent weather zone" to better serve the wants and needs of the Pueblo people living in the region. The elder expressed concern that if the proposed Albuquerque development project were to occur, it would disrupt the harmony of the area, thereby bringing on incidents of violent weather (Evans and Stoffle 1992a). The connection between the physical and metaphysical worlds in Pueblo religious thought has been documented in earlier anthropological writings as well (see Eggan 1972; Parsons 1939; Tyler 1964; White 1930; 1942). Emotional Impacts The term emotional impacts describes actions that affect how or what people think about an activity, an object, site, or a belief. Emotional impacts can be positive, such as something that enhances the positive feelings a Pueblo person has with regard to their own spirituality, or negative, such as emotional trauma associated with the loss of a sacred object. As an historical example of the emotional impact caused by the loss of a sacred object, the interconnectedness between the physical and metaphysical worlds, as well as an example of why Pueblo people do not divulge religious information to outsiders, we have included here a lengthy quote from Stevenson's volume The Sia. When Mr. Stevenson discovered that the Sia held ceremonials with snakes he induced the vicar of the snake society to conduct him to the locality for that special rite. Leaving Sia in the early morning a ride of 6 miles over sand dunes and around bluffs brought the party, including the writer, to the structure known as the snake house, hid away among chaotic hills. Every precaution had been observed to maintain secrecy. The house is a rectangular structure of logs (the latter must have been carried many a mile) and some 8 by 12 feet, having a rude fireplace; and there are two niches at the base of the north wall near the west end in which the two vases stand during the indoor ceremonial. Though this house presented to the visitors a forlorn appearance, it is converted into quite a bower at the time of a ceremonial, when the roof is covered and fringed with spruce boughs and sunflowers and the interior wall is whitened. Some diplomacy was required to - 16 - persuade the vicar to guide Mr. Stevenson to the cave in which the vases are kept when not in use. A ride half a mile farther into chaos and the party dismounted and descended a steep declivity, when the guide asked Mr. Stevenson's assistance in removing a stone slab which rested so naturally on the hillside that it had every appearance of having been placed there by other than human agency. The removal of the slab exposed two vases side by side in a shallow cave. A small channel or flume had been ingeniously made from the hilltop that the waters from ti'nia might collect in the vases. These vases belong to the superior type of ancient pottery, and they are decorated in snakes and cougars upon a ground of creamy tint. Mr. Stevenson was not quite satisfied with simply seeing the vases, and determined if possible to possess one or both; but in answer to his request the vicar replied: "These cannot be parted with, they are so old that no one can tell when the Sia first had them; they were made by our people of long ago; and the snakes would be very angry if the Sia parted with these vases." Whenever opportunity afforded, Mr. Stevenson expressed his desire for one of them; and finally a council was held by the ti'ämoni and ho'naaites of the cult societies, when the matter was warmly discussed, the vicar of the Snake society insisting that the gift should be made, but the superstition on the part of the others was too great to be overcome. Mr. Stevenson was waited upon by the members of the council; the ho'naaite of the Snake society addressing him: "You have come to us a friend; we have learned to regard you as our brother, and we wish to do all we can for you; we are sorry we cannot give you one of the vases; we talked about letting you have one, but we concluded it would not do; it would excite the anger of the snakes, and perhaps all of our women and little ones would be bitten and die; you will not be angry, for our hearts are yours." The night previous to the departure of the party from Sia the vicar of the Snake Society made several visits to the camp, but finding other Indians present he did not tarry. At midnight when the last Indian guest had left the camp he again appeared and hurriedly said, "I will come again," and an hour later he returned. "Now," said he, "closely fasten the tent, and one of you listen attentively all the while and tell me when you hear the first footstep;" and he then took from the sack one of the vases, he being in the meanwhile much excited and also distressed. He would not allow a close examination to be made of the vase, but urged the packing of it at once; he deposited a plume offering in the vase, and sprinkled meal upon it and prayed while tears moistened his cheeks. The vase was brought to Washington and deposited in the National Museum (Stevenson 1894: 89 -91). It is unclear why the vicar chose to part with the sacred vase in light of the tribal council's opposition to the action and the sadness it evoked in him. What is clear, however, is that the social memories of Puebloan peoples keenly recall the pain of revealing sacred secrets and losing religious objects. Suina (1992) discusses the negative consequences Pueblo people experienced when first the Spanish, and then the American governments attempted to control Pueblo people by regulating their religion. Suina reiterates that these fears have not vanished even in the current political climate of Indian self -determination.

- 17- Significance and Dimension of Impacts Cultural resource impacts can be thought of as fitting into a matrix of four cells (Figure 1). Most activities in the study area can be placed into this matrix. Throughout the remainder of this report, cultural resource impacts will be presented in terms of this matrix.

Significance of Dimension of Effects Effects Positive Ne : ative Major X X

Minor X

Figure 1: Significance and Dimension of Effects Positive effects would enhance the cultural resource or the context in which the cultural resource is found. Hypothetical positive effects might include increased access to a cultural resource that was under used, such as food plants or minerals, or increased protection for cultural resources suffering from vandalism or destruction. Negative effects would degrade or destroy the cultural resource or the context in which it is found. Hypothetical negative effects might include the destruction of the cultural resource through construction, or other activity, the loss of access to the cultural resource, or the inability to perform some activity in the area of the cultural resource. Major effects would be actions that materially and substantially affect a cultural resource. Hypothetical major effects might include access for Pueblo people to a previously inaccessible cultural resource, or destruction of a major religious site. Minor effects would be ones that do not substantially affect the cultural resource. Hypothetical minor effects might include improved access to a cultural resource that is already being used, or continuing minor degradation of a religious site that is already suffering from unintentional physical damage through visitation by non -Indian people. Secrecy and Trust

Hikers and skiers can all disrupt a shrine, either through vandalism or unintentional damage due to visitation. Hence the Pueblos have an extreme reluctance to acknowledge where the shrines are located in the first place, and are concerned about potential damage caused by an increased amount of human traffic in an area, regardless of the season. Pueblo religious knowledge is sacred and secret and not readily shared with non -Indian people. The secrecy surrounding religious thought and beliefs among Pueblo people is such that Indian people who have divulged information in the past are alleged to have been severely punished, and possibly even killed (White 1962). Even though some religious knowledge has been published during the last 100 years, most Pueblo religious knowledge remains the intellectual property of the Pueblo people.? The National Historic Preservation Act implicitly recognizes the sensitivity of sacred and secret knowledge when the public disclosure of this information could lead to physical destruction of the cultural resource. As a consequence of the Pueblo peoples' felt need to keep their religion private, there is a large body of Pueblo religious knowledge and related information that is not available for understanding potential project impacts. Some of the questions that cannot currently be answered include: At what level of visitor density does a shrine cease to function? How far away from a shrine should visitors be kept to minimize the potential negative effects? If a shrine's function is as a communication enhancer with the spirit world, can the "signal" be blocked by buildings, people, chairlifts, etc.? If a shrine is physically damaged by a non -Indian, can the damage (both physical and metaphysical) be repaired, and how should this be carried out? How much negative disruption to Pueblo prayers and ceremonies conducted at a shrine can result from a lack of privacy at the site? How much negative disruption to a Pueblo ceremony is caused by the loss of access to a shrine? How much emotional trauma produced by disruption or damage to a sacred site does it take to cause emotional impacts on other facets of Pueblo life? Does the emotional trauma associated with the loss of a sacred site occur only to certain key religious leaders in the pueblo village, or is it shared throughout the Pueblo community? What effect does this emotional trauma have on other aspects and rituals of daily life as it pertains to Pueblo religious belief? Since there are aspects of religious knowledge that Pueblo people cannot divulge due to the rules of their religious system, the Pueblo people must therefore be trusted when they report that a site, shrine, location, object, or belief has significant religious meaning. If the validity of the Pueblo people to have their own religious system of thought is not acknowledged, then it becomes impossible to assess the significance of the impacts to Pueblo cultural resources. Asking Pueblo people against their will to reveal religious secrets and sacred knowledge replicates the offensive behavior of early Anglo anthropologists who have been described by modern writers as being challenged by the "Pueblo ferocity about privacy" (Nabokov 1982:27). As Ruth Benedict was told when seeking a Pueblo informant to question about myths and rituals, "do you realize that it is just that sort of thing that kills the Indians? ...They just lie down and die....there are things which must not be brought to the light of day, otherwise they wither and die like uprooted plants" (Nabokov 1982:27).

7 The topic of Pueblo secrecy regarding their religious knowledge is well known in anthropology. Past abuses of confidences shared with anthropologists, journalists, and other writers considerably dampens the enthusiasm Pueblo people may feel toward becoming involved in cultural resource studies. For reference to secrecy see Lamphere 1989; Parsons 1929, 1932; Scheper -Hughes 1987; Stevenson 1894; Suina 1992; White 1932, 1935, 1962. - 19- Chapter III Discussion of Expansion Alternatives

In this section, we delineate the possible impact effects of the five alternatives on the cultural resources in the study area. These five alternatives progress in a linear fashion. Proposed elements in Alternative 2 for example are included in Alternatives 3, 4, and 5. Because each successive alternative shares elements with succeeding alternative, the possible impact of an element would be the same for each alternative in which that element occurs. Early in this ethnographic assessment, we were told by representatives of Sno.engineering and the Santa Fe Ski Company that Alternative 4 was the preferred alternative of the Santa Fe Ski Company. As a consequence, we only received information (verbally and in the form of a map) for Alternative 4. Alternative 4 contains all of the elements of Alternatives 2, and 3, however, so we were able to discuss all of the elements contained with the Pueblo people. The following analysis of potential cultural resource impacts is based on the information provided to us by Pueblo people during the course of this ethnographic assessment and our professional judgment. Alternative 1-No Action Alternative This alternative (Map 1) would result in the continuation of minor negative impacts on the cultural resources located within and surrounding the Santa Fe Ski Area. The promotion of the backcountry skiing in the Big Tesuque area, and the advanced skiing of "the chutes" above Nambe Lake will continue to draw visitors into these areas presently located outside of the permit area. The presence of these skiers (as well as hikers and mountain bikers in the summer) will continue the physical impacts on the shrines (i.e. removal or scattering of the stones, either intentional or unintentional), as well as disruption of the function of the shrines as communication enhancers to the Pueblo spirit world. Alternative 2-Additional Development within the Existing Area

One of the main elements of Alternative 2 (Map 2) is the construction of a new triple chair extending toward the ridge below Lake Peak, locally known as Deception Peak.8 Since most of the new development of the ski trails this new chairlift will service is uphill from the existing Sunset, Columbine, Big Rock, and Wizard runs, the potential for major negative impacts on the highly significant shrines in the Deception Peak/Lake Peak area is substantially increased. By increasing the skier activity in the area, the potential negative impact on the shrines is correspondingly increased because of the possibility of physical damage brought on by having increased amounts of human traffic in the area. The negative impacts are both linear and cumulative. Because the shrines in the Deception Peak/Lake Peak area are not covered by the

8 While not marked on the 1:24000 USGS toposgraphicmaps of the area, Deception Peak is locally known as the ridge running on a NE -SW line between Tesuque Peak and Lake Peak. -20- deeper snows found below treeline, due to the exposed nature of the ridge, they can be seen and traversed by skiers. Some shrines are only visited a few times each year by Indian religious leaders, so there is not the opportunity for frequent repairs if the shrines become damaged. The cumulative impacts, those impacts that build up over time, stem from having a damaged shrine remain unrepaired for several months at a time. In addition, the proposed Deception Peak chairlift will make it easier for skiers to access "the chutes" above Nambe Lake. Skiing in this area outside of the existing permit does increase the physical, metaphysical, and emotional negative impacts associated with Nambe Lake. As noted earlier, Nambe Pueblo representatives felt that any increase in human activity in the area of Nambe Lake was detrimental to the religious and sacred nature of the lake, as well as potentially physically damaging to the environment. The negative physical impacts are expected to derive from increased number of skiers in the lake basin. While camping is not allowed within the drainage basin around all the small lakes in the Pecos Wilderness, one of the authors witnessed in late spring of 1992 that this regulation is haphazardly enforced by the Forest Service due to the difficulty in patrolling backcountry areas. Increased numbers of skiers in the Nambe Lake basin and Rio Nambe drainage (both alpine and nordic skiers) potentially extend the negative physical impacts to a year -round effect. This alternative also proposed increasing the summer use of the permit area through the construction of new hiking and mountain bike trails. The purpose of these new trails is to increase the number of summer visitors to the ski area, and provide a small revenue stream through the use of the chairlifts to transport bikes and hikers. By making it easier for hikers and mountain bike riders to access the Deception Peak/Lake Peak area in the summer season, the potential negative impacts on the cultural resources in the Lake Peak area are increased. In particular, many shrines that are covered with snow in the winter become more visible and more accessible during the summer months. The negative metaphysical impact occurs because Nambe Lake is one of the sacred lakes to Nambe Pueblo and other Pueblo people. The lake has been the site for Pueblo religious and ceremonial activity. Many of the Nambe Pueblo shrines are located on trails leading to and from Nambe Lake, as well as being on the surrounding mountains and ridges. Many of these shrines function as communication enhancers to the Pueblo spirit world. Due to the nature of this spiritual communication, increased numbers of visitors in the area potentially can be disruptive to the religious and sacred function of the shrines. The negative emotional impact of increased visitors in the Deception Peak/Lake Peak, and Nambe Lake basin areas is a direct result of Pueblo peoples' religious beliefs concerning the spirit world and shrines. Even though physical damage may not have a malicious motive, and even though many non -Indian visitors to Pueblo sacred areas mean well, the presence of these visitors is perceived by many Pueblo people as a desecration of their religious and sacred areas. This perceived desecration causes adverse emotional trauma, the same as the desecration of religious sites around the world causes emotional trauma to adherents of particular faiths. There are no known potential positive impacts to cultural resources deriving from Alternative 2. One idea mentioned early in our work by non -Indian people was that Pueblo elders could ride the chairlifts to the mountaintops and ridges. At the present time, the need for such an access service is not known. All data indicated that the shrines are already accessible to the people who need to get to them. Elders who use chairlifts to gain access to shrines for -21- ceremonies could have an inadvertent negative impact. By having Pueblo people be highly visible making trips up (and presumably down) the chairlifts could work against the stated goal of the Pueblos to protect the secret nature of their religious activities. Elders using the chairlifts might attract non -Indian followers who would interfere with these activities. Non -Indian people do follow elders to ceremonies, as has been reported by Pueblo people in the Albuquerque area (Evans and Stoffle 1992). Alternative 3-Expansion of Permit Area into Lower Ravens Ridge

This alternative (Map 3) includes all of the elements found in Alternative 2, plus the addition of a new beginners ski area in the lower Ravens Ridge area. No cultural resources were identified by Pueblo people in the proposed 75 -acre Ravens Ridge expansion to the existing ski permit area. However, since this alternative includes all of the components of Alternative 2, the other potential negative impacts identified for that alternative will also be present in this Alternative 3. In particular, since the Ravens Ridge expansion is designed to pull beginners off the other ski runs, it is reasonable to expect that those existing runs will attract more intermediate and advanced skiers. Therefore there is increased potential for damage and disruption to cultural resources due to the increase in the number of skiers visiting the ski facilities. There is no reason to expect that given more area to ski, the total number of skiers visiting the ski area will remain the same or be reduced. There are no known potential positive impacts on cultural resources deriving from Alternative 3. Alternative 4-Expansion of the Permit Area to Include Lower Ravens Ridge and Backcountry Skiing in the Big Tesuque

This alternative (Map 4) has been routinely identified as the one the Santa Fe Ski Company favors. We therefore concentrated our efforts on identifying the cultural resource concerns of the Pueblo people as they pertain to this alternative. Alternative 4 includes all of the elements of Alternatives 2 and 3. In addition, a new chairlift in the Big Tesuque area is proposed, along with tree thinning in a 34 -acre area downslope of the upper portion of the Aspen Vista road, and in a 40 -acre area immediately above the lower terminal of the chairlift. According to Santa Fe Ski Company representatives, the operational objective of this lift is to transport skiers back up to the top of the Big Tesuque area. Initially, skiers would use the existing chairlift to Tesuque Peak, and then traverse over to the Big Tesuque area. After skiing downslope, the skiers would take the new lift back up, rather than hike out the Aspen Vista Road or descend to the Big Tesuque Campground, and hitchhike to the base area, which is the current practice. No trails would be cut in the Big Tesuque area, since one of the objectives is to enhance the backcountry ski activity many skiers are already experiencing. Because this alternative includes all of the elements of Alternatives 2 and 3, the potential negative impacts from those two alternatives are present in Alternative 4. In addition, other similar negative impacts are possible in the Big Tesuque area. In particular, three Pueblo shrines were identified within the Big Tesuque area. The Pueblo people who identified these shrines asked that their location not be included in this report, so that non -Indians would not either -22- maliciously or inadvertently desecrate the shrines. However, we are able to say that the shrines are located within the proposed Big Tesuque backcountry ski area, but are not under the proposed lift line as identified by the Santa Fe Ski Company in early October 1992. Presuming that the proposed lift line is not changed, it is unlikely that direct physical impacts to shrines from actual lift construction would occur. Included in Alternative 4 is the proposed construction and enhancement of nordic ski trails along the upper ridge of the Big Tesuque area. This is proposed by the Santa Fe Ski Company as a mitigation for the loss of nordic skiing opportunities brought on by the potential for increased use of the upper Aspen Vista Road by alpine/backcountry skiers. We have no information regarding any cultural resources within this proposed nordic ski trail area. In addition to the negative impact on the Pueblo shrines, and the consequent negative impact on the spiritual and emotional meaning of the shrines in Pueblo religion, is the potential negative impact increased visitors will have on the area's natural resources. The Big Tesuque was identified by Hispanic people contacted through our project as being the home to a 15 to 20 head elk herds, along with numerous deer, turkeys, and grouse. Our informants felt that the potential negative impact of increased numbers of skiers on these animals is that the animals will be scared or driven out of the area. They felt that this will cause a negative effect on hunting during other times of the year. The impact of increased numbers of visitors on the water quality of the Tesuque Creek was an often -voiced concern of the Pueblo people who live downstream. Many of these Indian people feel that the existing ski area has already lowered their water quality. They feel an increase in the numbers of visitors will further degrade the water quality. While water is often viewed as strictly a natural resource (and thereby excluded from any cultural resource assessment), it is very common for water to hold a special significance among Native Americans in the southwest. According to Ortiz (1969), water has an important role in Pueblo ceremonial activity. There are no known potential positive impacts on cultural resources deriving from Alternative 4. Alternative 5-Expansion of the Permit Area to Include Lower Ravens Ridge and Trail Skiing in the Big Tesuque

This alternative (Map 5) includes all of the elements of Alternatives 2, 3 and 4, with the addition of a constructed trail network in the Big Tesuque area, plus snowmaking and trail maintenance that requires snow grooming equipment. All of the Pueblo concerns and potential negative impacts on cultural resources identified for Alternatives 2, 3, and 4 are present in this alternative. Even though this is the only alternative that includes explicit statements regarding snowmaking and snow grooming, many Pueblo people were still concerned about the possible pollution of their water supplies from this activity. In particular, the perceived potential for degradation of the water quality of Tesuque Creek increases in the minds of the Pueblo people. As a consequence, the concerns for water quality expressed by the Pueblo people during this

9It is not known, however, if the elk winter in or near the Big Tesuque area. - 23 - project are increased substantially. The potential for physical damage to Pueblo shrines is increased due to the increased number of skiers in the area (increased from 4,150 per day under Alternative 1 to 6,900 per day under Alternative 5 due to the added number of potential skiers in the Big Tesuque area), as well as the support activity required for snowmaking and trail grooming. Hispanic informants felt potential negative impacts to the animal populations in the Big Tesuque area would also be increased due to the large number of visitors and the increased commotion of the support activity. As a consequence, Pueblo concerns regarding hunting (both ceremonial and subsistence) can be expected to increase. Likewise, some people we contacted felt the potential negative impacts to the fish populations in Tesuque Creek would be increased because of the potential for degradation of the water quality brought on by snowmaking, trail grooming, and increased numbers of visitors. Traditional Cultural Properties

There are a number of ways of determining significance of the American Indian cultural resources identified as being potentially impacted by the Santa Fe Ski project expansion proposal. Such cultural resources can either be evaluated in terms of the National Historic Preservation Act through what is called the 106 review process or the American Indian Religious Freedom Act. Section 106 Review Process

The National Historic Preservation Act initially focused on identifying and affording protection to places and structures of national historic importance. In virtually all cases places and structures that qualified to be on the National Register of Historic Places were those associated with persons and historic events significant to the dominant European -American culture. Through time the criteria for being on the National Register was broadened to include places and structures belonging to other people, such as American Indians. Such places and structures were included because of their value to science. Today the criteria for inclusion is being further broadened to include places and things lacking scientific value, but which are significant to a specific group of people like the Amish or African Americans. These places are called traditional cultural properties (TCP),and they are defined as follows by the Advisory Council on Historic Preservation. Traditional cultural properties (TCPs) are typically associated with the customary practices or traditional beliefs of a community. These properties are tied to a community's history and are significant in the continuing identity of a community. Examples of TCPs range from a mountain top that is the locus of Native American religious practice to a traditional meeting place in an African American community. (Advisory Council on Historic Preservation, TCP Conference, November 19, 1991) A distinguishing feature of TCPs is that they are without artifactual materials that can be used to define their importance. However, TCPs are knowable by talking with living descendants of the people who produced the TCPs. There are sites within the research study area that could potentially qualify for National Register Nomination as Traditional Cultural Properties. Two types of documentation are required -24- for TCPs. The first is form NPS- 10 -900B Multiple Property Documentation Form and the second is NPS -10 -900 National Register of Historic Places Registration Form. The first form is used when there are a number of sites that are to be registered at one time, so one form provides the historic background for all. The second form is used to nominate individual sites and it is always needed. When the first form is used, the second forms are brief. The National Park Service provides official estimates of the time required to fill out these forms (personal communication NPS, Toni Lee, April 6, 1992). These times assume that original research has been completed. The NPS- 10 -900B typically requires 120 hours. The NPS -10 -900 forms average 18.1 hours. This average includes the time to fill out brief individual site forms when the multiple property form has been completed and the time needed to fill single site nomination forms. In our judgment, the Lake Peak shrines may be traditional cultural properties worthy of nomination to the National Register as individual places. In addition, it is possible that the entire area of mountain top shrines could be nominated on the Multiple Property Document Form as a traditional cultural district. It is impossible without proceeding with these nominations to predict the decision of the Advisory Council on Historic Preservation; however, we believe there is a high probability the Advisory Council would place these locations on the National Register of Historic Places. It is also impossible without proceeding with these nominations to know with certainty whether the Advisory Council will perceive the project as adversely impacting these cultural resources. However, we believe based on the Advisory Council's recent decisions that an adverse effect ruling could occur. At this time, it is prudent to consult with both the religious and government leaders of the Pueblo Tribes before proceeding with the National Register nomination. There are two reasons for this needed consultation. One is that the levels of detail required for the National Register nomination forms exceed what the Pueblo people have been willing to provide at this time. Further consultation is required to determine whether the levels of detail necessary for the forms can be provided without compromising Pueblo religious thought and beliefs. Second, it has not been decided by the Pueblo leaders whether their traditional cultural properties should be protected by the Section 106 process of the National Historic Preservation Act (which the National Register nomination fulfills), or if the cultural resources should be protected under the American Indian Religious Freedom Act. AIRFA

The American Indian Religious Freedom Act affords protection to Native American religious sites. Agencies in charge of the cultural resources are usually the first level of review regarding potential AIRFA violations. If American Indian tribes do not believe that their religious freedoms have been protected by federal agencies' decisions, they can take these agencies to federal court and litigate under the American Indian Religious Freedom Act. Due to court decisions that ruled against protecting Native American religious beliefs, a new Act has been drafted and presented to Congress that defines the extent of activities that could be determined detrimental to American Indian religious freedom, as well as outline the penalties that could be applied to persons or organizations that are found in violation of the proposed Act. This proposed Act is currently being modified by members of Congress and assuming it passes into law, will undoubtedly be challenged in court just as AIRFA was. For now, AIRFA remains in effect, and for some -25- agencies (such as the Department of Energy), AIRFA is the basis for the design and implementation of American Indian consultation programs. Mitigation

One method that can be used to protect the identified traditional cultural properties is a mitigation process between the Pueblo Tribes and the U.S. Forest Service. Specifically, a process can be set up whereby the Pueblo leaders identify to the Forest Service the exact types of mitigation that would be appropriate for protecting the cultural resources, and not violate other Pueblo beliefs and cultural practices. In turn, the Forest Service can provide the types of mitigation they feel would be appropriate and possible from the perspective of the Forest Service's larger agenda of managing the national forest. By bringing these mitigation alternatives to the discussion, the cultural resources will have been protected in the most appropriate and culturally sensitive manner. In the case of Nambe Pueblo, just such a mitigation process was carried out. The lead author of this report met with the Governor, Lt. Governor, and Tribal Administrator of Nambe Pueblo to discuss what kinds of mitigation they thought would support their cultural resource concerns. A short list of five main items was drawn up and provided to the U.S. Forest Service. At a subsequent meeting between the Governor of Nambe Pueblo and representatives of the U.S. Forest Service, these items were discussed with the US. Forest Service representatives presenting their possible actions on each item. A preliminary agreement was defined, and the resulting decisions are now pending final approval by the U.S. Forest Service. The items defined by Nambe Pueblo and the U.S. Forest Service responses are presented in Appendix 4. A similar mitigation process was attempted with Tesuque Pueblo. The Governor of Tesuque decided however, that their interests were best served by adhering to their earlier position that the entire mountain was sacred and that they would not enter into any process whereby they had to broadly define either their cultural resource concerns or general locations that should be avoided. In a verbal communication to the U.S. Forest Service, the Tesuque Pueblo leaders said the only possible mitigation was for the Ski Area to be "erased," and that the U.S. Forest Service was remiss in not including an alternative that allowed for permanently closing the ski area. Tesuque further said that barring such an action by the U.S. Forest Service, they would have no choice but to seek action from the courts (Remillard, personal communication, May 1993). References Cited

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Beidleman, Richard G. 1956 Ethnozoology of the Pueblo Indians in Historic Times. Southwestern Lore 22:17 -28. The Colorado Archaeological Society.

Bunzel, Ruth L. 1932 Introduction to Zuni Ceremonialism. In Forty -Seventh Annual Report of the Bureau of American 1929 -30. Pp. 467 -544. Washington: Government Printing Office. Castile, George Pierre, and Gilbert Kushner (eds.) 1981 Persistent Peoples: Cultural Enclaves in Perspective. Tucson: University of Arizona Press.

Connally, Ernest Allen 1986 Origins of the National Historic Preservation Act of 1966. Cultural Resources Management Bulletin. 9:7.

Cordell, Linda 1979 Prehistory: Eastern Anasazi. In Handbook of North American Indians: Southwest, vol. 9. Alfonso Ortiz, ed. Washington D.C.: Smithsonian Institution.

Douglass, William B. 1912 A World- Quarter Shrine of the Tewa Indian. Records of the Past 11:158 -173.

Dozier, Edward P. 1970 The Pueblo Indians of North America. Prospect Heights, IL: Waveland Press.

Edelman, Sandra A. and Alfonso Ortiz 1979 Tesuque Pueblo. In Handbook of North American Indians, Vol. 10: Southwest. Alfonso Ortiz, ed. Washington, D.C.: Smithsonian Institution. pp. 330 -335.

Eggan, Fred 1972 Summary. In New Perspectives on the Pueblos, Alfonso Ortiz, ed., pp. 287-305. Albuquerque: University of New Mexico Press. Ellis, Florence Hawley 1979 Summaries of the History of Water Use and the Tewa Culture of the Pojoaque Valley Pueblos.Manuscript in the Laboratory of Anthropology, Santa Fe, New Mexico. 1966a The Immediate History of Zia Pueblo As Derived From Excavation In Refuse Deposits. American Antiquity, 31(6):806 -811. 1966b Pueblo Boundaries and Their Markers. Plateau, 38(4):97 -105. 1964 Archaeological History of Nambe Pueblo, 14th Century to the Present. American Antiquity, 29(3):34 -42.

Ellis, Florence Hawley, and J.J. Brody 1964 Ceramic Stratigraphy and Tribal History at Taos Pueblo. American Antiquity, 30(1):316 -327.

Euler, Robert C. 1954 Environmental Adaptations at Sia Pueblo. Human Organization 12(4):27 -32.

Evans, Michael J., and Richard W. Stoffle 1992aDraft Ethnographic Assessment Summary Double Eagle II Airport Proposed On- Airport Access Road. Report submitted to Coffman Associates, Phoenix, AZ, December 1992. Tucson: University of Arizona Bureau of Applied Research in Anthropology.

Evans, Michael J., Richard W. Stoffle, and Sandra Lee Pinel 1992 Petroglyph National Monument Rapid Ethnographic Assessment Project: Final Report. Submitted to New Mexico State Historic Preservation Office, Santa Fe, New Mexico, December 23, 1992. Tucson: University of Arizona Bureau of Applied Research in Anthropology. Ford, Richard Irving 1992 An Ecological Analysis Involving the Population of San Juan Pueblo, New Mexico. In The Evolution of North American Indians: A 31- volume series of outstanding dissertations, edited by David Hurst Thomas. New York: Garland Publishing Inc. 1972 An Ecological Perspective on the Eastern Pueblos. In New Perspectives on the Pueblos, Alfonso Ortiz, ed. Albuquerque, NM: University of New Mexico Press. pp. 1 -18.

Ford, Richard I. Albert H. Schroeder, and Stewart L. Peckham 1972 Three Perspectives on Puebloan Prehistory. In New Perspectives on the Pueblos, Alfonso Ortiz, ed. Albuquerque, NM: University of New Mexico Press. pp. 19 -39.

28 Godfrank, Esther Schiff 1927 The Social and Ceremonial Organization of Cochiti. American Anthropological Association Memoirs 33.

Harjo, Susan 1985 Letter from Susan Harjo, Executive Director, National Congress of American Indians, to Dr. Thomas King, Director, Resource Preservation, Advisory Council on Historic Preservation, August 12, 1985. Harvey, Byron 1972 An Overview of Pueblo Religion. In New Perspectives on the Pueblos, Alfonso Ortiz, ed., pp. 197 -217. Albuquerque: University of New Mexico Press. Henderson, Junius, and John Peabody Harrington 1914 Ethnozoology of the Tewa Indians. Bureau of American Ethnology Bulletin 56. Washington: Government Printing Office. Hibben, Frank 1937 Excavation of the Riana Ruin and Chama Valley Survey. University of New Mexico Bulletin, Anthropological Series, 2(1). Indian Claims Commission 1965 Pueblo of Nambe vs. United States of America, Docket 358. In Commission Findings on the Pueblo Indians, pp. 393 -422. New York: Garland Publishing Inc. Irwin- Williams, Cynthia 1967 Picosa: The Elementary Southwestern Culture. American Antiquity 32(4):441 -457. 1973 The Oshara Tradition: Origins of Anasazi Culture. Eastern New Mexico University Contributions in Anthropology, 4(3). Kessell, John L. 1990 Kiva, Cross, and Crown: The Pecos Indians and New Mexico 1540 -1840. Albuquerque: University of New Mexico Press. Lang, Richard W. 1989 A Cultural Resources Sample Survey of Upper Tesuque Creek, Raven's Ridge and the Lake Peak Divide of the Santa Fe Range, Sangre de Cristo Mountains, New Mexico. Report submitted by Southwest Archaeological Consultants, Inc. to Dames & Moore, August 30, 1989. Lange, Charles H. 1953 Culture Change as Revealed in Cochiti Pueblo Hunting Customs. Texas Journal of Science5:178 -184. 1951 AnEvaluation of Economic Factors in Cochiti Pueblo Culture Change. Unpublished Ph.D. dissertation, University of New Mexico.

Nabokov, Peter 1982 Running, Power, and Secrecy at Taos: What You Don't Know Can't Hurt Them. American West 19(5):20 -29.

Ortiz, Alfonso 1969 The Tewa World: Space, Time, Being, and Becoming in a Pueblo Society. Chicago: The University of Chicago Press.

Ortiz, Alfonso (ed.) 1972 New Perspectives on the Pueblos. Albuquerque, NM: University of New Mexico Press. 1979 Handbook of North American Indians: Southwest, Vol. 9. Washington, D.C.: Smithsonian Institution.

Parker, Patricia L., and Thomas F. King 1990 Guidelines for Consideration of Traditional Cultural Values in Historic Preservation Review. Washington, D.C.: National Park Service.

Parsons, Elsie Clews 1939 Pueblo Indian Religion. Chicago: University of Chicago Press.

1925 The Pueblo of Jemez.New Haven: Yale University Press.

Pinel, Sandra Lee, and the Pueblo of Nambe 1992 Pueblo of Nambe Land Use Plan. Report submitted to the Nambe Pueblo Governor's Office, October 1992.

Pinel, Sandra Lee, and Michael J. Evans 1992 Tribal Sovereignty and the Control of Knowledge. Paper presented in the session "Intellectual Property Rights," American Anthropology Association annual meeting, December 6, 1992.

Robbins, Wilfred William, John Peabody Harrington and Barbara Freire- Marreco 1916 of the Tewa Indians. Bureau of American Ethnology Bulletin 55. Washington: Government Printing Office. Sando, Joe 1982 Nee Hemish: A History of Jemez Pueblo. Albuquerque: University of New Mexico Press. 1976 The Pueblo Indians. San Francisco: The Indian Historian Press.

Scheper- Hughes, Nancy 1987 The Best of Two Worlds, the Worst of Two Worlds: Reflections on Culture and Field Work among the Rural Irish and Pueblo Indians. Comparative Studies in Society and History 29(1):56 -75. Sharples, Frances E., and Martha S. Salk 1985 The American Indian Religious Freedom Act: Guidance for Compliance by Federal Agencies. First Revision. Environmental Sciences Division Publication No. 2101. Oak Ridge, TN: Oak Ridge National Laboratory for the U.S. Dept. of Energy.

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Stoffle, Richard W. 1987 Native Americans and Nuclear Waste Storage at Yucca Mountain, Nevada: Potential Impacts of Site Characterization Activities. Report submitted to Science Applications International Corporation, Oak Ridge, Tenn. Ann Arbor: Institute for Social Research, University of Michigan.

Stoffle, Richard W., and Michael J. Evans 1992 American Indians and Nuclear Waste Storage: The Debate at Yucca Mountain, Nevada. In Native Americans and Public Policy, Fremont J. Lyden and Lyman H. Legters, eds. Pp. 243 -262. Pittsburgh: University of Pittsburgh Press. 1990 Holistic Conservation and Cultural Triage: American Indian Perspectives on Cultural Resources. Human Organization 49(2):91 -99. Stoffle, Richard W., Michael J. Evans, David B. Halmo, Wesley E. Niles, and Joan T. O'Farrell 1988 Native American Plant Resources in the Yucca Mountain Area, Nevada. Ann Arbor: Institute for Social Research. Prepared for Science Applications International Corporation, Las Vegas, Nevada, and the U.S. Department of Energy, Nevada Operations Office.

-31 - Stoffle, Richard W., Michael J. Evans, and Camilla L. Harshbarger 1988 Native American Interpretation of Cultural Resources in the Area of Yucca Mountain, Nevada. (Interim Report). Las Vegas: Department of Energy, Nevada Operations Office.

Stoffle, Richard W., David B. Halmo, John E. Olmsted, and Michael J. Evans 1990 Native American Cultural Resource Studies at Yucca Mountain, Nevada. Ann Arbor: Institute for Social Research, University of Michigan.

Stoffle, Richard W., David B. Halmo, Michael J. Evans, and John E. Olmsted 1990 Calculating the Cultural Significance of American Indian Plants: Paiute and Shoshone Ethnobotany at Yucca Mountain, Nevada." American Anthropologist 92(2):416 -432.

Stoffle, Richard W., Merle Jake, Michael J. Evans, and Pamela Bunte 1981 Establishing Native American Concerns in Social Impact Assessment. Social Impact Assessment 65/66:4 -9.

Stoffle, Richard W., Omer C. Stewart, and Michael J. Evans 1984 Toyavita Piavuhuru Koroin (Canyon of Mother Earth): Ethnohistory and Native American Religious Concerns in the Fort Carson -Piñon Canyon Maneuver Area. Kenosha, WI.: University of Wisconsin -Parkside.

Suina, Joseph H. 1992 Pueblo Secrecy Result of Intrusions. New Mexico Magazine, January 1992, pp. 60- 63.

Tyler, Hamilton A. 1991 Pueblo Birds & Myths. Northland Publishing.

1964 Pueblo Gods and Myths.Norman, Okla.: University of Oklahoma Press. Ungnade, Herbert E. 1963 Archaeological Finds in the Sangre de Cristo Mountains of New Mexico. El Palacio 80:15 -20.

Viklund, Lonyta 1985 An Archaeological Inventory Survey of the Santa Fe Ski Area. Report submitted by Southwest Archaeological Consultants, Inc. to Santa Fe Ski Area, Santa Fe, New Mexico, July 12 1985 Wendorf, Fred and John P. Miller 1959 Artifacts from High Mountain Sites in the Sangre de Cristo Range, New Mexico. El Palacio 66:37 -52.

-32- White, Leslie 1962 The Pueblo of Sia, New Mexico. Bureau of American Ethnology Bulletin 184. Washington: Government Printing Office. 1945aEthnographic Notes on the , New Mexico. Papers of the Michigan Academy of Science, Arts and Letters 31:215 -222. Ann Arbor. 1945b Notes on the Ethnozoology of the Keresan Pueblo Indians. Papers of the Michigan Academy of Science, Arts and Letters, 31:223 -243. Ann Arbor. 1942 The Pueblo of Santa Ana, New Mexico. Memoirs of the American Anthropological Association 44. 1930 A Comparative Study of Keresan Medicine Societies. In Proceedings of the 23rd International Congress of Americanists, pp. 604 -619.New York, 1928. Woods, Clyde M., Patrick M. O'Brien 1989 Santa Fe Ski Area: Update of Master Development Plan, Preliminary Cultural Resources Investigations for Potential Expansion in the Ravens Ridge and Big Tesuque Areas. Report submitted by Dames & Moore to U.S.D.A. Forest Service, Santa Fe National Forest, Española Ranger District, June 1989. Woods, Clyde M., Patrick M. O'Brien, and Paul D. Friedman 1989 Santa Fe Ski Area: Update of Master Development Plan, Cultural Resources Technical Report. Report submitted by Dames & Moore to U.S.D.A. Forest Service, Santa Fe National Forest, Española Ranger District, March 1989. Annotated Bibliography

This annotated bibliography contains references to selected ethnographic, petroglyph, and Pueblo literature as it pertains to resources found in the Sangre de Cristo Mountains. Many of the references included here were used extensively during the Santa Fe Ski Basin Ethnographic Assessment project. Others served as useful background material, or as sources pointing to more far -flung or esoteric literature sources.

Babcock, Barbara 1991 Pueblo Mothers and Children: Essays by Elsie Clews Parsons, 1915 -1924. Santa Fe: Ancient City Press.

This 140 -page work pulls together many of Parsons' classic, yet previously scattered, essays related to views on maternity, myths, and ritual historically integral to Pueblo people. Uses of shrines located near the mountains, and discussions over the provenience (post- or pre -Spanish) of certain rituals is included. Zuni, Laguna, Hopi, and Tewa are represented. Babcock writes an illuminating introduction.

Beidleman, Richard G. 1956 Ethnozoology of the Pueblo Indians in Historic Times. Southwestern Lore 22:17 -28. The Colorado Archaeological Society.

This article articulates the important relationship between the natural and spiritual worlds in Pueblo thought and cosmology. Reference is made to members of the Keresan group, who hunt game in nearby mountains.

Brant, C.S. 1948 Preliminary Data on Tesuque Pueblo. Papers of the Michigan Academy of Science, Arts and Letters 34:253 -259.

This brief article makes the point that Tesuque ceremonialism, even in 1948, was a mosaic of aboriginal origin, of elements diffused from outside the Pueblo, of elements from other Pueblo groups, and of some aspects derived from Spanish Catholicism and recent contact with Mexicans. Nevertheless, the author describes Tesuque as culturally conservative.

Bunzel, Ruth L. 1932 Introduction to Zuni Ceremonialism. In Forty -Seventh Annual Report of the Bureau of American Ethnology 1929 -30. Pp. 467 -544. Washington: Government Printing Office.

Conditions of economic and social life, cosmological beliefs, ritual and its means of controlling the supernatural, ceremonial patterns and organizations, as well as a calendar are addressed in this treatise. Bunzel suggests that the primary objective of religious participation is social good; also highly valuable is the function of producing rain and furthering the growth of crops. Curtis, Edward S. 1926 The North American Indian, Volumes 16 and 17. New York: Johnson Reprint Corp.

These volumes have provoked controversy over the years especially for their visual depictions of Native Americans, which the author is known on many occasions to have contrived. Volume 16 covers the Tiwa, including Isleta and Taos, and the Keres -Cochiti, Santo Domingo, Acoma, and Laguna. Volume 17 covers the Tewa- San Juan, San Ildefonso, Nambe, and Zuni. Numerous references to shrines, and uses of natural resources are included.

Dozier, Edward P. 1970 The Pueblo Indians of North America. Prospect Heights, Ill.: Waveland Press.

This 223 -page book, divided into three parts, addresses contemporary Pueblo life, prehistoric and historic background, and traditional society and culture. This work serves as an adequate introductory reader for Pueblo culture.

Douglass, William B. 1917 Notes on the Shrines of the Tewa and Other Pueblo Indians of New Mexico. Proceedings of the Nineteenth International Congress of Americanists, pp. 334 -378. Washington.

The author documents numerous shrines and tentatively describes their uses. This work clearly shows that mountains have a long history of being critical places for the location of shrines, and hence places of religious import. Douglass acknowledges in his introduction the Pueblo tradition of guarding their secrets of their shrines, of resisting inquiries into their existence, function, and meaning.

1912 A World -Quarter Shrine of the Tewa Indian. Records of the Past 11:158 -173.

This article describes the author's exploration of an Indian shrine located at the apex of a mountain. It includes a detailed description of the shrine, its location, and its associated features: altar, prayer sticks, vase. The author also provides a diagram of the shrine, photographs or illustrations of the artifacts, and a map of the archaeological site. An anecdotal note documents a Tewa's negative reaction (refusal to talk) to the author's request to explain the shrine.

Dumarest, Noël 1919 Notes on Cochiti. American Anthropological Association Memoirs 6:137 -237.

This work, edited by Elsie Clews Parsons, was published after the author's death but in accordance with his wishes. It is loosely organized and rather superficially treats a range of topics: birth, the training of children, sickness and cure, witches, death, ceremonies, curing and weather control societies, myths and tales. A section on ceremonial places makes reference to shrines as being in all the higher places. Various illustrations are included. Eggan, Fred 1972 Summary. In New Perspectives on the Pueblos, Alfonso Ortiz, ed., pp. 287-305. Albuquerque: University of New Mexico Press.

This summary of the New Perspectives collection includes an overview to the generalized Pueblo world view, as Ortiz outlines it. Especially relevant is the description of the Pueblo conception of boundaries as marked by sacred mountains. Furthermore, the author explains the essential quality of harmony, and how any failings or imbalances can bring on disaster.

Ellis, Florence Hawley 1966a The Immediate History of Zia Pueblo as Derived from Excavation in Refuse Deposits. American Antiquity 31:806 -811.

This archaeological project was undertaken to assist in providing an objective check on the length of occupation of the present Zia Pueblo site. The excavation followed by several years Zia's successful land claim against the U.S. government. Ellis determined that the ancestral Zia people first settled the pueblo during the fourteenth century.

1966b Pueblo Boundaries and Their Markers. Plateau 38:97 -107.

This article reports on the ways in which Pueblo peoples knew the edges of their land before the period of reservation boundaries. Ellis notes that boundary spots were often marked by the location of shrines. The author also discusses a stone marked with a Z, which may have represented a land grant from Mexico, although the legitimacy of the stone was disputed. The article leaves little doubt that pueblo -dwelling people were historically land conscious.

1964a Archaeological History of Nambe Pueblo, 14th Century to Present. American Antiquity 30:34-42.

The 1962 excavation of the village ash piles, undertaken to assist the tribe in its land claim effort, is reported in this article. The artifactual evidence, namely pot sherds, suggests that the people of Nambe have utilized their village at least since 1350.

1964b Ceramic Stratigraphy and Tribal History at Taos Pueblo. American Antiquity 30:316 -328.

The author reports on the contents of a refuse mound, which was excavated at the request of the Taos Pueblo, to assist Taos tribal officials in establishing evidence of ancestral aboriginal occupation for the purposes of their land claim. The archaeologists dated the occupation of the original Taos village at about 1300.

Euler, Robert C. 1954 Environmental Adaptations at Sia Pueblo. Human Organization 12(4):27-32.

This brief paper reports on an Indian Service attempt to establish a land improvement program at Sia, and tries to illustrate the importance of Sia culture and history in shaping the project's outcome. It makes the point that Sia religion and agricultural practices are inextricably interwoven.

-36- Ford, Richard Irving 1992 An Ecological Analysis Involving the Population of San Juan Pueblo, New Mexico. In The Evolution of North American Indians: A 31- volume series of outstanding dissertations, edited by David Hurst Thomas. New York: Garland Publishing Inc.

The publication of the author's dissertation more than 20 years after its original completion attests to the lasting importance of this work, intended to contribute a model for understanding human adaptation. Ford's focus on human- environment transactions makes this study highly relevant for understanding the indigenous relationship between culture and nature. Among other things, he discusses cultural institutions, such as sodalities and ritual practices, in relation to natural resources.

Friedlander, Eva and Pamela J. Pinyan 1980 Indian Use of the Santa Fe National Forest: A Determination from Ethnographic Sources. Albuquerque: Center for Anthropological Studies.

This report is an overview of the literature related to the use of Santa Fe National Forest by Indian groups in the region. The Sangre de Cristo Mountains are cited, and material evidence of cultural use, such as shrines, is noted. Although use of the forest has changed over the years, the authors conclude that the Pueblo groups continue to use the forest for a variety of reasons. A useful bibliography is included.

Godfrank, Esther Schiff 1927 The Social and Ceremonial Organization of Cochiti. American Anthropological Association Memoirs 33.

This overview of the Cochiti builds on Dumarest's unfinished notes. The study is especially interesting for its timing: The investigation occurred at a time when many aspects of social conventions were breaking down, yet a complex ceremonial organization continued to thrive. Several pages discuss the use of shrines.

Harrington, John Peabody 1916 The Ethnogeography of the Tewa Indians. In Twenty -Ninth Annual Report of the Bureau of American Ethnology 1907 -1908, pp. 29 -636. Washington: Government Printing Office.

This treatise presents the geography related to the Tewa of the upper Rio Grande Valley. The author makes reference to difficulties encountered in gathering his data, largely due to the reticent and secretive nature of the Pueblo people with regard to religious matters. The author divides the region of place -names into 29 areas, and shows each on a map. Chapters on cosmography, meteorology, periods of time, geographical terms, place names, names of tribes and peoples, names of minerals, and a bibliography are included. Harvey, Byron 1972 An Overview of Pueblo Religion. In New Perspectives on the Pueblos, Alfonso Ortiz, ed., pp. 197 -217. Albuquerque: University of New Mexico Press.

Harvey's overview includes insights into the highly held value of secrecy in Pueblo religion, and addresses secrets that are formulations of ritual. However, his essay does not touch upon the controversial nature of secrecy -the notion that Pueblo people may not want outsiders to acquire knowledge about their religion.

Henderson, Junius and John Peabody Harrington 1914 Ethnozoology of the Tewa Indians. Bureau of American Ethnology Bulletin 56. Washington: Government Printing Office.

The bulk of this 76 -page study is an annotated list of animals, from mammals, birds, reptiles and amphibians, to fishes, insects, crustaceans, and lower invertebrates. Other features of this book are a phonetic key, some background on the species inhabiting the region, a classification of animals, bibliography, and index. A background in ethnozoology is recommended for the fullest appreciation of this study.

Hibben, Frank 1937 Excavation of the Riana Ruin and Chama Valley Survey. University of New Mexico Bulletin, Anthropological Series,2(1).

This site of this excavation is unique for its location at 6,200 feet above sea level. The author places the abandonment of the pueblo shortly after the year 1348. The evidence yielded from the excavation clearly points to a long history of Pueblo occupation in the area, given the cultural artifacts that were unearthed.

Indian Claims Commission 1965 Pueblo of Nambe vs. United States of America, Docket 358. In Commission Findings on the Pueblo Indians, pp. 393 -422. New York: Garland Publishing Inc.

The findings of fact provide excellent background into the history of settlement and cultural uses of natural resources, including hunting and plant use. The Sangre de Cristos Mountains are specifically named. The area of aboriginal occupancy is described as dotted with religious shrines, which were frequently visited by members of the Pueblo of Nambe for ceremonial purposes.

Lamphere, Louise 1989 Feminist Anthropology: The Legacy of Elsie Clews Parsons. American Ethnologist 16:518 -533.

The paper provides excellent background on Parsons life, including how she obtained secretive information from Pueblo informants. The author originally presented this article as the 1989 American Ethnological Society Distinguished Lecture in Santa Fe. Lange, Charles H. 1951 An Evaluation of Economic Factors in Cochiti Pueblo Culture Change. Unpublished Ph.D. dissertation, University of New Mexico.

Various aspects of this study offer useful information. Especially relevant is the author's affirmation of the ritual aspects of hunting and the way in which religious life is integral to the everyday.

1953 Culture Change as Revealed in Cochiti Pueblo Hunting Customs. Texas Journal of Science 5:178 -184.

This article, though brief, documents the Cochiti's historical use of the mountains as well as the importance of the hunt in the past and continuing into the ethnographic present. The connection between hunting and religious practice is made evident by descriptions of animal bones being taken to shrines as well as other sacred conceptions of the nature.

Ortiz, Alfonso 1991 Through Tewa Eyes: Origins. National Geographic, vol. 180, no. 4:6 -13.

A short piece written in the first -person, outlining the birth and naming ceremonies of Tewa society. Written for a lay audience.

1972 Ritual Drama and the Pueblo World View. In New Perspectives on the Pueblos, ed. Alfonso Ortiz, pp. 135 -161. Albuquerque: University of New Mexico Press.

In this article, Ortiz documents the precision with which Pueblo people try to bring their definitions of space into line with their cosmologies, and this clearly has implications for places viewed as sacred. The interconnectedness of Pueblo cosmology, as well as of causality, is made clear.

1969 The Tewa World: Space, Time, Being, and Becoming in a Pueblo Society. Chicago: The University of Chicago Press.

Concepts that are key to understanding Tewa symbolic classification are discussed in this dense, complex symbolic analysis of Tewa society. Adapted from the author's dissertation, the work identifies mountains sacred to Pueblo people. The conceptual boundaries of the Tewa world are explicated. Important concepts related to sacred aspects of Pueblo life, such as shrines and earth navels on mountaintops, are discussed.

Ortiz, Alfonso (ed.) 1979 Handbook of North American Indians: Southwest, Vol. 9. Washington, D.C.: Smithsonian Institution.

This handbook, a general reference for North American Indians in the southwest, has sections devoted to the various Pueblo groups.

Parsons, Elsie Clews 1939 Pueblo Indian Religion. Chicago: University of Chicago Press.

This two -volume set is the classic text on Pueblo Indian Religion. Parsons leaves nothing untouched, and for this the book has been viewed by some as highly controversial. - 39 - 1932 Isleta, New Mexico. In Forty -Seventh Annual Report of the Bureau of American Ethnology 1929-30. pp. 193 -465. Washington: Government Printing Office.

Sections on ceremonial organization and ritual are included in this study of Isleta Pueblo. Significant space is also devoted to historical and contemporary relations, economic life, personal life, secular government, calendar, supernaturals, folk tales, Spanish tales, tales of witchcraft, and tales of personal experience. The author prefaces the report with a warning that ceremonial accounts must be taken with reservation because her informant may have altered reality in line with the Isleta tradition of being a "particularly secretive" Pueblo.

1929 The Social Organization of the Tewa. American Anthropological Association Memoirs 36. Manasha, WI.: George Banta Publishing Company.

This monograph sought to fill a gap in the publication record by systematically describing the Tewa, a people Parsons describes as "past masters in the art of defeating inquiry." She calls informants "unequally reliable." While dated, the work contains useful cultural information. The contents cover family, , clanship, moieties, kivas, governor and officers, ceremonial organization, ceremonial calendar, ritual, supernaturals, and folktales. Several photographs of shrines in the hills or mountains are included in the section on ritual.

1925 The Pueblo of Jemez. New Haven: Yale University Press.

This 144 -page book is part of the result of a general ethnological survey which Parsons conducted in 1921 and 1922 among the Pueblos of Arizona and New Mexico. Parsons' study was used in part to shed light on the life of the inhabitants of Pecos, the abandoned Pueblo believed to be the ancestral home to some Jemez Indians. The scope of the study includes sections on Jemez historical and contemporary relations, economic Iife, kin and , personal life, secular government, ceremonial life, ritual, the 1840 Pecos immigration to Jemez, tales, and a bibliography.

Robbins, Wilfred William, John Peabody Harrington and Barbara Freire- Marreco 1916 Ethnobotany of the Tewa Indians. Bureau of American Ethnology Bulletin 55. Washington: Government Printing Office.

The bulk of this 124 -page study is an annotated list of plants, both indigenous wild and cultivated. This book also includes a phonetic key, a section on methodology, a section devoted to the Tewa concepts of plant life, several pages identifying Tewa plant names, as well as sections parts and properties of plants, growth of plants, condition of plants, color of plants, and other qualities. Other features are a fold -out archaeological map of the Jemez Plateau, bibliography and index. A background in ethnobotany is recommended for accessing this study to its fullest potential.

Sando, Joe 1982 Nee Hemish: A History of Jemez Pueblo. Albuquerque: University of New Mexico Press.

Ortiz describes this work as "an intimate account of Jemez Pueblo from distant times to the modern era." The struggles, accomplishments, and aspirations as seen from within the community lend coherence to the book. Chapters dealing with religious concepts and land claims issues are especially relevant. 1976 The Pueblo Indians. San Francisco: The Indian Historian Press. This historical account of the Pueblos, written by an insider, includes a section on religion that, although brief, emphasizes the way in which spirituality permeates daily life. Chapters are devoted to a range of topics, including within a nation; traditional history; Spanish conquest and ; the United States in Pueblo history; land, water and survival; elements of change; and individuals who shaped Pueblo history. Useful appendices, maps, and illustrations flesh out this work.

Scheper- Hughes, Nancy 1987 The Best of Two Worlds, the Worst of Two Worlds: Reflections on Culture and Field Work among the Rural Irish and Pueblo Indians. Comparative Studies in Society and History 29(1):56 -75.

This article's examination of problems of cultural survival in two cultures concludes with a section on secrecy, power, and knowledge. The theoretical approach is highly current as the article ends with an acknowledgment of "the mighty right to withhold" words.

Stevenson, Matilda Coxe 1915 Ethnobotany of the Zuni Indians. In Bureau of American Ethnology, Thirteenth Annual Report. 1908-09. Pp. 31 -102. Washington: Government Printing Office.

This work covers medical practices and medicinal plants, and various uses of plants, from weaving to folklore to ceremony. The author makes clear the close relation between Zuni and their plants, as well as the sacred quality of many species.

1913 Studies of the Tewa Indians of the Rio Grande Valley. Smithsonian Miscellaneous Collections, 60:35 -41.

A short work that should be used as an introduction to Stevenson's larger 1894 report.

1904 The Zuni Indians: Their Mythology, Esoteric Fraternities, and Ceremonies. In Twenty -Third Annual Report of the Bureau of American Ethnology. Pp. 3-634. Reprinted in 1985, Glorieta, NM.: The Rio Grande Press Inc.

This reprint of Stevenson's comprehensive report on the Zuni delves deep into various aspects of mythology, worship and ritual, calendar and calendric ceremonials, priesthoods, festivals, history, arts, and customs, games, arts and industries, and fraternities.

1894 The Sia. In The Eleventh Annual Report of the Bureau of American Ethnology. Pp. 3 -157. Washington: Government Printing Office.

This broad -sweeping study, while dated in many ways, features sections dealing with cosmogony, cult societies, theurgistic rites, songs, childbirth, mortuary customs and beliefs, and myths. Stevenson includes an anecdote about how her husband obtained a sacred vase from the vicar of the snake society against the wishes of a special tribal council. The story is highly relevant to the ongoing issue of secrecy.

-41- Stoffle, Richard W. 1987 Native Americans and Nuclear Waste Storage at Yucca Mountain, Nevada: Potential Impacts of Site Characterization Activities.Report submitted to Science Applications International Corporation, Oak Ridge, Tenn. Ann Arbor: Institute for Social Research, University of Michigan.

A "think- piece" that outlines the process and procedures for the Department of Energy to use in its cultural resource investigations and consultation with Native American tribes concerning the Yucca Mountain, Nevada high -level nuclear waste storage project.

Stoffle, Richard W. and Michael J. Evans 1992 American Indians and Nuclear Waste Storage: The Debate at Yucca Mountain, Nevada. In Native Americans and Public Policy, Fremont J. Lyden and Lyman H. Legters, eds. Pittsburgh: University of Pittsburgh Press. pp. 243 -262.

This work was written for policy makers and outlines the reasons for including Native American consultation in the Yucca Mountain high -level nuclear waste storage project.

1990 Holistic Conservation and Cultural Triage: American Indian Perspectives on Cultural Resources. Human Organization 49(2):91 -99.

A theoretical work outlining how Native Americans approach cultural resource projects, and the real -world tradeoffs they encounter when they become involved in such projects.

Stoffle, Richard W., Michael J. Evans, David B. Halmo, Wesley E. Niles and Joan T. O'Farrell 1988 Native American Plant Resources in the Yucca Mountain Area, Nevada. Ann Arbor: Institute for Social Research. Prepared for Science Applications International Corporation, Las Vegas, Nevada, and the U.S. Department of Energy, Nevada Operations Office.

This report of the ethnobotanical studies at Yucca Mountain includes a methodological section for ethnobotany studies.

Stoffle, Richard W., Michael J. Evans, and Camilla L. Harshbarger 1988 Native American Interpretation of Cultural Resources in the Area of Yucca Mountain, Nevada. (Interim Report). Las Vegas: Department of Energy, Nevada Operations Office.

Included in this report of the ethnoarchaeological studies at Yucca Mountain. are contemporary Native American perceptions and interpretations for archaeological sites in the study area.

Stoffle, Richard W., David B. Halmo, John E. Olmsted and Michael J. Evans 1990 Native American Cultural Resource Studies at Yucca Mountain, Nevada. Ann Arbor. Institute for Social Research, University of Michigan.

This work is a summary of four reports on the cultural resources of the Yucca Mountain, Nevada region. -42- Stoffle, Richard W., David B. Halmo, Michael J. Evans and John E. Olmsted 1990 Calculating the Cultural Significance of American Indian Plants: Paiute and Shoshone Ethnobotany at Yucca Mountain, Nevada. American Anthropologist 92(2): 416-432.

A methodological work on how to calculate the cultural significance of plants in ethnobotanical studies undertaken as part of larger cultural resource impact projects.

Stoffle, Richard W., Merle Jake, Michael J. Evans, and Pamela Bunte 1981 Establishing Native American Concerns in Social Impact Assessment. Social Impact Assessment 65/66:4 -9.

An early methodological work on how to conduct social impact assessment projects with Native American participants. The methodology outlined here (and in subsequent work by the same authors) formed the foundation of the National Park Service's guidelines on how to incorporate "intangible" cultural resources in nominations to the National Register.

Suina, Joseph H. 1992 Pueblo Secrecy Result of Intrusions. New Mexico Magazine, January 1992, pp. 60- 63.

This work features a concise statement of why Pueblo people retain a cloak of secrecy around their religious and cultural affairs. The author is from Cochiti Pueblo.

Tyler, Hamilton A. 1964 Pueblo Gods and Myths. Norman, Okla.: University of Oklahoma Press.

The author sets out to present a composite picture of all the Pueblo gods and other lesser supernaturals. Chapters such as "The Cosmos and the System of the Six Directions" provide easy - reading on the spiritual world of the Pueblos. The work was largely taken from earlier ethnographic literature.

1991 Pueblo Birds & Myths. Northland Publishing.

The integration of birds within Pueblo life is explored in this beautifully illustrated book. The author considers ways in which birds, and their individual feathers, provide a basic frame of reference in Pueblo ceremonialism and community life. Beyond the complex, symbolic uses of bird feathers, the author notes the reverence that Pueblo Indians show for all wildlife.

White, Leslie 1962 The Pueblo of Sia, New Mexico. Bureau of American Ethnology Bulletin 184. Washington: Government Printing Office.

White begins his comprehensive investigation with a history and then addresses topics such as Christianity, culture, land, agriculture, stockraising, health issues, cosmology and pueblo life, social organization, government and social life, ceremonialism, war, paraphernalia, and concludes with a section entitled "retrospect and prospect." Of special interest is his preface, in which a discussion of -43 - Stevenson' s work raises ethical matters related to secrecy. Also noteworthy are discussions that situate spiritual activities in the mountains. The section on culture change provides a good statement about cultural encroachment.

1945aEthnographic Notes on the Sandia Pueblo, New Mexico. Papers of the Michigan Academy of Science, Arts and Letters 31:215 -222. Ann Arbor.

This brief article includes a discussion of the winter ceremony known as the communal rabbit hunt. Again, the spiritual dimension of hunting is underscored.

1945b Notes on the Ethnozoology of the Keresan Pueblo Indians. Papers of the Michigan Academy of Science, Arts and Letters 31:223-243. Ann Arbor.

This article illustrates the importance of various birds and animals in pueblo culture; for example, feathers are used in rituals and as decorations, and when attached to prayer sticks serve as an important vehicle of communication with spirits.

1935 The Pueblo of Santo Domingo, New Mexico. Memoirs of the American Anthropological Association 43. Menasha, WI.

White begins this monograph with a prefatory note that speaks to how "utterly impossible" it is to do ethnological work in the open among Pueblo people and then proceeds to explain how he secured his information. The work includes sections on social organization, life cycle of an individual, ceremonialism, and myths and tales.

1942 The Pueblo of Santa Ana, New Mexico. Memoirs of the American Anthropological Association 44.

White' s descriptions of activities related to hunting are highly relevant for the way in which they illustrate the connection between nature and spirituality, hunting societies and ritual activities. Sections are devoted to the history of Santa Ana, cosmology and Pueblo life, social organization, government and social life, corn and the cosmos, hunting, war, sickness and witchcraft, and paraphernalia and ritual.

1932 The Acoma Indians. In Forty -Seventh Annual Report of the Bureau of American Ethnology 1929 -30, pp. 17 -192. Washington: Government Printing Office.

This overview of the Acoma moves from the historical to the ethnographic present, covering topics related to kin and clan, government, ceremonies and ceremonial organization, paraphernalia and ritual, life cycle of an individual, and myths and tales. White attributes the "suspicious" nature of the Acoma (directed toward government officials, tourists and other outsiders in the 1920s) in part to fears that land may be taken from them. He notes that the Acoma remain on guard to prevent information on ceremonies from becoming known lest they be suppressed or ridiculed "by the whites." 1932 The Pueblo of San Felipe. Memoirs of the American Anthropological Association 38. Menasha, Wis. 1930 A Comparative Study of Keresan Medicine Societies. In Proceedings of the 23rd International Congress of Americanists, pp.604-619.New York, 1928. The noteworthy aspect of this article is the clear link that is made between the medicine societies and the natural world. White explains how medicinemen do not possess power to cure disease in and of themselves; they receive it from animal spirit doctors, e.g., bears, mountain lions, badgers, eagles. Actual parts from some of these animals is used ceremoniously, and their mountainous habitat is significant. Appendix One Research Team Participants

Dr. Richard W. Stoffle

Dr. Stoffle leads the U. of A. research team. Stoffle received the Ph.D. in anthropology from the University of Kentucky in 1972. Since 1972, Stoffle has worked as a principal investigator and consultant with American Indian cultural resource assessment projects throughout the United States, working with over 68 American Indian tribes. In addition, Stoffle has recently lead the Dominican Republic Marine Resources cultural assessment project, and the Michigan Low -Level Radioactive Siting Project. Stoffle specializes in social impact assessment and applied anthropology. He is a Fellow of the Society for Applied Anthropology, and a member of the American Anthropology Association, and the National Association for the Practice of Anthropology. He is the past Applied Anthropology editor for American Anthropologist. Dr. Michael J. Evans

Dr. Evans received the Ph.D. from the University of florida in anthropology in 1988. He has worked as a principal investigator and consultant on applied anthropology and historic preservation projects in the U.S., Europe, Mexico, and Micronesia. Evans specializes in social impact assessment, historic preservation, and computers in anthropology. He is the past Project Director for the Micronesian Resources Study, a comprehensive survey and inventory of the cultural resources of the islands of Micronesia funded by the National Park Service. Elizabeth L. Krause

Ms. Krause received her master's degree from Oregon State University in applied anthropology in 1992. In her capacity as research associate at the University of Arizona, she has assisted with projects related to Native American cultural resources. She worked as a research assistant for the Micronesian Resources Study's historic preservation effort, and as a technical assistant in cultural tourism planning for the Republic of Palau. She has eight years of professional editing and writing experience, and was a recipient of the inaugural 1991 Peter New Award from the Society for Applied Anthropology. She is working toward the Ph.D. in anthropology at the University of Arizona. Appendix Two List of Tribal and Community Contacts

Officers' names-0 address phone Governor Reginald Pasqual Pueblo of Acoma 505- 552 -6604/6605 1st Lt. Gov. Ronald Charlie P.O. Box 309 (FAX) 505 -552 -6600 2nd Lt. Gov. Ted Martinez Pueblo of Acoma, NM 87034 Governor Epifanio Mody Cochiti Pueblo 505 -465 -2244 Lt. Gov. Lawerence Herrera P.O. Box 70 (FAX) 505 -465 -2245 Cochiti Pueblo, NM 87041 Governor Alex Lucero Isleta Pueblo 505 -869 -3111/6333 1st Lt. Gov. Albert Cherino, P.O. Box 317 (FAX) 505 -8694236 Sr. Isleta Pueblo, NM 87022 2nd Lt. Gov. Lalo Abeita Governor Joe V. Cajero Jemez Pueblo 505 -834 -7359/7525 1st Lt. Gov. Jerry Sando P.O. Box 100 (FAX) 505 -834 -7331 2nd. Lt. Gov. Vincent A. ToyaJemez Pueblo, NM 87024 Governor Harry D. Early Laguna Pueblo 505 -552 -6654/6655 1st. Lt. Gov. Emmett Hunt, P.O. Box 194 (FAX) 505 -243 -9636 Sr. Laguna Pueblo, NM 87026 2nd. Lt. Gov. Robert Thomas Governor Moses Chavez Sandia Pueblo 505 -867 -3317 Lt. Gov. Richard Bernal Box 6008 (FAX) 505 -867 -9235 Bernalillo, NM 87004 Governor Frank Tenorio San Felipe Pueblo 505 -867 -3381/3382 Lt. Gov. Calvin Garcia P.O. Box A (FAX) 505 -867 -3383 San Felipe Pueblo, NM 87001 Governor William H. GallegosSanta Ana Pueblo 505 -867- 3301/3302 Lt. Gov. Bruce Sanchez Star Route Box 37 (FAX) 505 -867 -3395 Bernalillo, NM 87004 Governor Victor Reano Santo Domingo Pueblo 505- 465 -2214/2215 Lt. Gov. Donicio Coriz, Sr. P.O. Box 99 (FAX) 505 -465 -2688 Santo Domingo Pueblo, NM 87052 Governor Bennie Salas Zia Pueblo 505 -867 -3304/3305 Lt. Gov. Moses Shije General Delivery (FAX) 505 -867 -3308 San Ysidro, NM 87053 Governor Robert Lewis Zuni Pueblo 505 -782 -4481 Lt. Gov. Pesando Lasiloo P.O. Box 339 (FAX) 505 -782 -2700 Zuni, NM 87327 Governor Tony B. Vigil Nambe Pueblo 505 -455 -2036 Lt. Gov. Virginia Gutierrez Route 1, Box 117 -BB (FAX) 505 -455 -3933 Santa Fe, NM 87501 Governor Gerald Nailor Picuris Pueblo 505 -587- 2519/2043 Lt. Gov. Ivan Rael P.O. Box 127 (FAX) 505 -587 -1071 Penasco, NM 87553 Governor Jacob Viarrial Pojoaque Pueblo 505 -455 -2278/2279 Lt. Gov. Thelma Talachy Route 11, Box 71 (FAX) 505- 455 -2950 Santa Fe, NM 87501

10 The Governors listed in this table were the Pueblo officers for 1992. -49- Governor Pete Martinez San Ildefonso Pueblo 505 -455 -2273/2274 1st Lt. Gov. Gilbert Sanchez Route 5, Box 315 -A (FAX) 505 -455 -7351 2nd Lt. Gov. Jay Mountain Santa Fe, NM 87501 Governor Herman Agoyo San Juan Pueblo 505- 852 -4400/4210 1st. Lt. Gov. Joe Talachy P.O. Box 1099 (FAX) 505 -852 -4820 2nd Lt. Gov. Stanley Bird San Juan Pueblo, NM 87566 Governor Walter Dasheno Santa Clara Pueblo 505- 753 -7330/7326 Lt. Gov. Francis Tafoya P.O. Box 580 (FAX) 505 -753 -8988 Espafiola, NM 87532 Governor Tony Reyna Taos Pueblo 505- 758 -9593 Lt. Gov. Vince Luçjan, Sr. P.O. Box 1846 (FAX) 505 -758 -8831 Taos, NM 87571 Governor Gilbert L. Vigil Tesuque Pueblo 505 -983 -2667 Lt. Gov. Clarence Herrera Route 11, Box 1 (FAX) 505 -455 -3815 Santa Fe, NM 87501 President Leonard Atole Jicarilla Apache Tribe 505 -759 -3242 P.O. Box 507 (FAX) 505- 759 -3005 Dulce, New Mexico 87528 President Wendell Chino Mescalero Apache Tribe 505- 671 -4494/4495/4496 P.O. Box 176 (FAX) 505 -6714494 Mescalero, New Mexico 88340 President Peterson Zah Navajo Nation 602-871-6352 thru 6357 P.O. Box 308 (FAX) 602-871-4025 Window Rock, Arizona 86515 James Hens, Chairman All Indian Pueblo Council 505 -881 -1992 3939 San Pedro, N.E. (FAX) 505- 883 -7682 P.O. Box 3256 Albuquerque, NM 87190 Community Organizations Victor Martinez Ski Area Containment Coalition 505 -471 -1509

50 New Mexico Leaders for the Twenty -Two Tribes, 1993

Officers' names address phone Governor Reginald Pasqual Pueblo of Acorna 505 -552 -6604/6605 1st Lt. Gov. Lloyd Tortalita P.O. Box 309 (FAX) 505 -552 -6600 2nd Lt. Gov. Rex Salvedor Pueblo of Acoma, NM 87034 Governor Cedric Chavez Cochiti Pueblo 505 -465 -2244 Lt. Gov. Joseph C. Quintana P.O. Box 70 (FAX) 505- 465 -2245 Cochiti Pueblo, NM 87041 Governor Alvino Lucero Isleta Pueblo 505- 869 -3111/6333 1st Lt. Gov. Randy Jiron P.O. Box 317 (FAX) 505- 8694236 2nd Lt. Gov. Richard Olguin Isleta Pueblo, NM 87022 Governor Paul Tosa Jemez Pueblo 505- 834 -7359/7525 1st Lt. Gov. Stuart GachupinP.O. Box 100 (FAX) 505 -834 -7331 2nd. Lt. Gov. Brophy Toldeo Jemez Pueblo, NM 87024 Governor Harry D. Early Laguna Pueblo 505 -552 -6654/6655 1st. Lt. Gov. Victor SarracinoP.O. Box 194 (FAX) 505 -243 -9636 2nd. Lt. Gov. Wilmer Lente Laguna Pueblo, NM 87026 Governor Inez Baca Sandia Pueblo 505 -867 -3317 Lt. Gov. J..R. Trujillo Box 6008 (FAX) 505 -867 -9235 Bernalillo, NM 87004 Governor Carlos Lucero San Felipe Pueblo 505 -867- 3381/3382 Lt. Gov. Lawrence Troncosa P.O. Box A (FAX) 505 -867 -3383 San Felipe Pueblo, NM 87001 Governor Eliseo Raton Santa Ana Pueblo 505 - 867 -3301/3302 Lt. Gov. Bennett Armijo Star Route Box 37 (FAX) 505 -867 -3395 Bernalillo, NM 87004 Governor Thomas Moquino Santo Domingo Pueblo 505 -465 -2214/2215 Lt. Gov. Alfred Garcia P.O. Box 99 (FAX) 505 -465 -2688 Santo Domingo Pueblo, NM 87052 Governor Moses Shije Zia Pueblo 505- 867 -3304/3305 Lt. Gov. Bennie Salas General Delivery (FAX) 505 -867 -3308 San Ysidro, NM 87053 Governor Robert Lewis Zuni Pueblo 505 -782 -4481 Lt. Gov. Pesancio Lasiloo P.O. Box 339 (FAX) 505 -782 -2700 Zuni, NM 87327 Governor Herbert Yates Nambe Pueblo 505 -455 -2036 Lt. Gov. Tony R. Romero Route 1, Box 117 -BB (FAX) 505 -455 -3933 Santa Fe, NM 87501 Governor Manuel Archuleta Picuris Pueblo 505- 587 -2519/2043 Lt. Gov. Jess Mermejo, Jr. P.O. Box 127 (FAX) 505- 587 -1071 Penasco, NM 87553 Governor Jacob Viarrial Pojoaque Pueblo 505- 455 -2278/2279 Lt. Gov. George Rivera Route 11, Box 71 (FAX) 505 -455 -2950 Santa Fe, NM 87501

- 51 - Governor Pete Martinez San Ildefonso Pueblo 505 -455 -2273/2274 1st Lt. Gov. Gilbert Sanchez Route 5, Box 315 -A (FAX) 505- 455 -7351 2nd Lt. Gov. Jay Mountain Santa Fe, NM 87501 Governor Wilfred Garcia San Juan Pueblo 505 -852 -4400/4210 1st. Lt. Gov. Earl Salazar P.O. Box 1099 (FAX) 505 -852 -4820 2nd Lt. Gov. Joe Garcia San Juan Pueblo, NM 87566 Governor Walter Dasheno Santa Clara Pueblo 505- 753 -7330/7326 Lt. Gov. Francis Tafoya P.O. Box 580 (FAX) 505- 753 -8988 Española, NM 87532 Governor Jose Samora Taos Pueblo 505- 758 -9593 Lt. Gov. Phillip Martinez P.O. Box 1846 (FAX) 505 -758 -8831 Taos, NM 87571 Governor Charlie J. Dorame Tesuque Pueblo 505 -983 -2667 Lt. Gov. Frederick Vigil Route 11, Box 1 (FAX) 505 -455 -3815 Santa Fe, NM 87501 President Leonard Atole Jicarilla Apache Tribe 505 -759 -3242 Vice Pres. Wainwright P.O. Box 507 (FAX) 505 -759 -3005 Velarde Dulce, New Mexico 87528 President Wendell Chino Mescalero Apache Tribe 505- 671 -4494/4495/4496 Vice Pres. Keith Miller P.O. Box 176 (FAX) 505- 671 -4494 Mescalero, New Mexico 88340 President Peterson Zah Office of the Navajo Nation 602-871-6352 thru 6357 Vice Pres. Marshall PlummerPresident (FAX) 602-871-4025 P.O. Box 308 Window Rock, Arizona 86515 James S. llena, Chairman All Indian Pueblo Council 505 -881 -1992 3939 San Pedro, N.E. (FAX) 505 -883 -7682 P.O. Box 3256 Albuquerque, NM 87190 Appendix Three ---ft-7> '7;2_ Advisory Council On Historic Preservation

The Old Post Office Building 1100 Pennsylvania Avenue, NW, #809 Washington, DC 20004

_ -1))

- igDq7r77Y2 ;, 1993 `" December 30, 1992 '` "! E?ivislor, of Ni:tarie Preservation Memorandum !nd Artrealo!!y

To: Federal Preservation Officers State Historic Preservation Officers Tribal Preservation Officers

From: Executive Directo

Subject: 1992 Amendments to National HistoricPreservation Act: Implications for Section 106 Review

On October 30, the President signed H.R. 429 into law as Public Law 102 -575. This legislation included as Title XL a series of amendments to the National Historic Preservation Act (NHPA). Although Section 106 of the Act was not amended, a number of the amendments will affect the way Section 106 review is carried out under the Council's regulations (36 C.F.R. Part 800). The purpose of this memorandum is to highlight the provisions that relate to the Section 106 process and provide interim guidance on the application of the current regulations in light of these statutory amendments. The legislative text is included in most cases; section references are to the NHPA, as amended. Certain provisions will require that the Council's regulations be amended. The Council will initiate the amendment process early in 1993 and invite your views on desirable changes to 36 C.F.R. Part 800 at that time. Meanwhile, please do not hesitate to contact the Council if you have questions about the effect of the amendments on the Section 106 process.

Definition of the term "Undertaking"

Section 301(7) redefines the term "undertaking" as follows: ACTION f, INFO MGR AMA AMPSSH AMO AMEM FCFO 2 "Undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including- - (A) those carried out by or on behalf of the agency; (B) those carried out with Federal financial assistance; (C) those requiring a Federal permit, license, or approval; and (D) those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency. This definition expands the previous statutory definition and goes beyond that contained in the current regulations at 36 C.F.R. Sec. 800.2(o). In addition to encompassing all activities within the previous definition, the new language explicitly includes actions that require permits or approvals which are issued by State or local regulatory bodies pursuant to Federal law. This embraces those situations where a State or local agency is administering a regulatory program based on approval by a Federal agency or a delegation of regulatory authority made by a Federal agency. Examples include permits issued under the Surface Mining Control and Reclamation Act, the Coastal Zone Management Act and the National Pollution Discharge Elimination System established by the Clean Water Act. In those circumstances, the amended Act obligates the Federal agency responsible for the program to comply with Section 106 for any permit that might affect historic properties. Agencies confronting such situations should contact the Council to resolve specific cases and to develop programmatic approaches for the longer term. Definition of the term "State" Section 301(2) redefines "State" for purposes of the NHPA:

"State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and, upon termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the Republic of Palau. This change makes it clear that Section 106 (which applies to undertakings in any "state ") applies in the nations that were formerly U.S. trust territories and are now freely associated Micronesian states. 3 withholding Federal assistance in cases of "anticipatory demolition" The amendments introduce statutory language that essentially embodies the Council's stated policy regarding "anticipatory demolition," the intentional alteration or destruction of a historic property to avoid compliance with Section 106. The provision, a new Section 110(k), reads: Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the requirements of section 106, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, allowed such adverse effect to occur, unless the agency, after consultation with the Council, determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. The statutory provision places an obligation on a Federal agency to withhold Federal assistance or permission from a non -Federal applicant when a historic property has been harmed before the Section 106 process has been completed. Two preconditions are necessary: first, that the applicant intended to avoid Section 106 requirements and, second, that a significant adverse effect was intentionally caused by the applicant or allowed to happen when it was in the applicant's power to prevent it. If they are met, the section requires that the agency withhold assistance or permission unless the agency, in consultation with the Council, determines that granting it is justified. Agencies should contact the Council when a case appears to fall under this provision. For the present, consultation with the Council will be carried out informally, but should be documented to ensure that the agency's final" decision is procedurally sound, as required by the amendment.

Native American interests and involvement Two new provisions affect the interests and participation of Native Americans and Native Hawaiians in the Section 106 process. The first, Section 101(d)(6)(A), clarifies the question of National Register eligibility for properties of traditional cultural or religious significance:

Properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization may be determined to be eligible for inclusion on the National Register. 4 This provision is quite clear in its intent. Agencies should note that the term "traditional" qualifies religious and cultural importance and are advised to consult National Park Service Bulletin 38 for further assistance in evaluating such properties. The second provision, Section 101(d)(6)(B), is related: In carrying out its responsibilities under section 106, a Federal agency shall consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to properties described in subparagraph (A). This reinforces the current provisions of 36 C.F.R. Sections 800.1(c)(iii), 800.4 and 800.5, which pertain to the involvement of Indian tribes in the Section 106 process, but also includes Native Hawaiian organizations. It should also be noted that Section 301(4) expands the definition of "Indian tribe ": "Indian tribe" or "tribe" means an Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. This expanded definition is taken from the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.)(NAGPRA) and means that a broader range of Native American groups are entitled to participate in the Section 106 process. Agencies should follow the guidance contained in the Council publication "Section 106 Participation by Indian Tribes and Other Native Americans" and the independent requirements of NAGPRA. Adaptive use of federally -owned historic properties Section 111(a) has been amended with the underscored language to read:

Notwithstanding any other provisionof law, any Federal agency, after consultation with theCouncil, shall. to the

e.te :t c cab - es - t ate ir:at'v -s t've use at are not and may lease an historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the lease or exchange will adequately insure the preservation of the historic property. 5 This new requirement will be considered by the Council when reviewing a Federal agency's proposal to lease, exchange or dispose of an excess historic property. The Council will request information from the agency on the alternatives considered for the property and why such alternatives, including adaptive use, were found not to be practicable. This information will be used in completing the Council's Section 106 review responsibilities. Agency responses to Council comment A new Section 110(1) specifies the responsibilities of Federal agencies that receive formal comment from the Council:

With respect to any undertaking subject to section 106 which adversely affects any property included in or eligible for inclusion in the National Register, and for which the Federal agency has not entered into an agreement with the Council, the head of the Federal agency shall document any decision made pursuant to section 106. The head of such agency may not delegate his or her responsibilities pursuant to such section. Where a section 106 memorandum of agreement has been executed with respect to an undertaking, such memorandum shall govern the undertaking and all its parts.

This means that the final agency decision taking into account the effects of an undertaking on historic properties must be made by the head of the Federal agency and documented for review by the Council or others. The important change is that the decision cannot be delegated by the Federal agency head when there has been a termination of consultation and the Council membership has rendered comment under 36 C.F.R. Sec. 800.6(b). For those programs such the Community Development Block Grant program where legal responsibility for Section 106 compliance is delegated pursuant to statute to a non -Federal official, the head of the responsible unit of government must conform to this provision. Because the response to Council comments will involve the head of the agency, the Council will notify that official whenever there is a termination of consultation. This is to provide advance notice that comments will be forthcoming to theagency head. The last sentence of Section 110(1) also clarifies the effect of an executed memorandum of agreement, specifying that its terms are binding on the conduct of the undertaking in its entirety. Federal agency historic preservation procedures

Section 110(a)(2) has been amended to require each Federal agency to develop a preservation program for the identification, evalu- ation, National Register nomination and protection of historic 6 properties. This provision will have a long -term effect on an agency's approach to its Section 106 responsibilities, as it requires "that the agency's procedures for compliance with Section 106...are consistent with regulations issued by the Council pursuant to Section 211" and "provide a process for the identification and evaluation of historic properties for listing in the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on such properties will be considered." (Section 110(a)(2)(E))

The immediate effect is twofold: first, any proposed counterpart regulations or procedures contained in programmatic agreements must be "consistent" with 36 C.F.R. Part 800; and, second, any existing agency procedures for compliance with Section 106 that are not "consistent" with 36 C.F.R. Part 800 are of questionable validity. Federal agencies should contact the Council if they believe that this amended provision currently affects them. Over the longer term, the Council views the requirements for Federal agency preservation programs as an opportunity to better integrate historic preservation planning into agency decision - making. The Council urges agencies to consider carefully the specific provisions of Section 110(a)(2) and invites agencies to consult with it on developing those portions dealing with consid- eration of historic properties in the project planning process. Access to information concerning historic properties Section 304 has been amended to specify more precisely the circumstances and procedure for withholding information about historic properties:

(a) The head of a Federal agency or other public official receiving grant assistance pursuant to this Act, after consultation with the Secretary, shall withhold from disclosure to the public, information about the location, character, or ownership of a historic resource if the Secretary and the agency determine that disclosure may- - (1) cause a significant invasion of privacy; (2) risk harm to the historic resource; or (3) impede the use of a traditional religious site by practitioners. (b) When the head of a Federal agency or other public official has determined that information should be withheld from the public pursuant to subsection (a), the Secretary, in consultation with such Federal agency head or official, shall determine who may have access to the information for the purpose of carrying out this Act. 7

(c) When the information in question has been developed in the course of an agency's compliance with section 106 or 110(f), the Secretary shall consult with the Council in reaching determinations under subsections (a) and (b).

This provision operates as an exemption to disclosure under the Freedom of Information Act and governs information that is developed during the Section 106 process and pursuant to any agreements developed under 36 C.F.R. Part 800. It also applies to information that has been obtained prior to the enactment of the amendments.

Other provisions of the amendments Several other sections of the amendments will have an impact on agency compliance with Section 106 as they are implemented. Briefly, they include the requirement that the actions of Federal employees and contractors, as well as the personnel themselves, meet professional standards to be prescribed by the Secretary of the Interior (Section 112(a)); authority for the creation of tribal historic preservation programs (Section 101(d)), which permits an Indian tribe to assume the responsibilities of the SHPO, including participation in the Section 106 process; substitution of tribal historic preservation regulations for the Council's regulations to govern Section 106 compliance on tribal land (Section 101(d)(5); and issuance of guidelines by the Secretary of the Interior to encourage owners of historic properties to protect them (Section 112(b)). Further information on these provisions will be available as the necessary steps to implement them are taken. Appendix Four Nambe Pueblo Mitigation Proposal for Santa Fe Ski Expansion Area March 18, 1993 [ Confidential - Not for Public Distribution ] The first recommendation for mitigation of potential adverse effects from the Santa Fe Ski Expansion proposal on Nambe Pueblo cultural resources is for the U.S. Forest Service to approve the "No Action Alternative." If the "No Action Alternative" is not chosen by the U.S. Forest Service, then Nambe Pueblo proposes that their cultural resources in the Lake Peak area be protected through the following actions:

1)Restrict skier access to the ridge from the Santa Fe Ski Area. Specifically, Nambe Pueblo recommends that skiers not be allowed past the line marked on the enclosed map. This line corresponds roughly with the existing tree line just below the "Deception Peak" area and the ridge leading to Lake Peak. USFS response It is legally difficult, but not impossible, for the USFS to officially close an area to access. Such an action would require a formal Closure Order from the Forest Supervisor (in Albuquerque). The area to be closed has to be made public, with a full explanation of the reason behind the closure. The Closure Order has to be open for public review and comment. Also, signs with maps outlining the clncnre hävt to be posted around the dosed area. The USFS felt that a formal ClosureOrder would work against the intent of Nambe Pueblo's mitigation recommendation. As an alternative to a formal closure order, the USFS will define a boundary line just above the "snow-Par m ad but i i irh' tk' &culine.T'4414 n'thk wain he front the top of the main skit a north to the ridge separatingthe ski basin from the Nambe Lake drainage. The USFS will also recommend that they build a split -log fence along this boundary line to discourage skiers and hikers from going up onto the ridge.

2) Close and rehabilitate the hiking trail currently leading from the Santa Fe Ski Area across Lake Peak and connecting into the Windsor trail network north of Penitente Peak. To close access to this trail, signs will be required at both the Santa Fe Ski Area end and at the Penitente Peak end. USFS response The USFS recommended that they remove this hiking frail from the hiking trails map, the Santa Fe National Forest map, and the Pecos Wilderness map for the next printing. In addition, the beginnings of the trail at either end will be obliterated through reseeding and revegetation if necessary. Also, at the Penitente Peak end of the trail, the trail signs will be removed, and trees or some other vegetation will be placed across the trail, in keeping with other trails the USFS wishes to discourage people from using. No signs will be used, since both the USFS and Nambe Pueblo felt this would simply draw unwanted attention to the area they wanted people to stay out of. 55 3)Designate the "chutes" area above Nambe Lake as a "No Skiing Allowed" area. In addition, the Santa Fe Ski Company should be prohibited from advertising or marketing the area known as the "chutes" as a skiing area connected with the Santa Fe Ski Area. USFS response New Mexico does not have any state regulations on "out of bounds" skiing, unlike Colorado and other states. Also, there are no county or local regulations pr=ohibiting "out of bounds" skiing in the counties the Santa Fe National_ Forest iQ unlike the Taos ski area. Without such legal authority, the USFS would find it legally difficult to restrict wilderness skiing. Howeve r, the USFS can and will instruct the Santa Fe Ski Company to tell their employees not to talk about "the chutes," and to not market or promote the arp9 to skiiers. (This latter practice, while perhaps done in the past, is presently not occurring, according to the USFS.) In addition, the USFS will: 1) remove the trail signs for the Nambe Lake trail (located north of the ski area), 2) rehabilitate the trail entrance(s) to make them. loartie fur hdkei°s is ltd, 3) remove the Nambe Lake trail from trail maps and from the next printing of the Santa Fe National Forest map, and the next printing of the rectos ilt eì tress map, and 4) remove Nambe Lake from these same maps.

4)Patrol the Deception Peak -Lake Peak ridge area and issue citations to skiers, and hikers who enter the area. USFS response Without a formal closure order, and without laws restricting out-of-bounds skiing, the USFS has no basis upon which to issue citations. However, they can instruct their rangers to be aware of the intent of the above r-- tsrs uctittits, and ï+': siguui-unsly prosecute anyone caught desecrating cultural resources.

5)If people continue to use the area in spite of signs indicating it is closed, some type of fencing may be required. USFS response The USFS will recommend that fencing in the form of a split -log tripod post fence be constructed near the eastern (top) boundary of the ski area to discourage skiiers, hikers, and summer mountain bike riders frot±, going or to the !eptinn Peak ridge.

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