The Sacred Mountain Tribe occupies a 1000-acre reservation in the State of Califoregon adjacent to Sacred Mountain
Question:
The Sacred Mountain Tribe occupies a 1000-acre reservation in the State of Califoregon adjacent to Sacred Mountain National Park. Prior to contact with Europeans, the tribe exclusively occupied the surrounding 500,000-acre region, including the entire Sacred Mountain area. Historically, the tribe generally resided near the base of the mountain, which was heavily forested and provided a wealth of game, river salmon, and light agriculture. Throughout the year, tribal members climbed the mountain in order to obtain medicinal ingredients and herbs found only on Sacred Mountain, and during the summer months ascended the peak and conducted religious ceremonies.
In the mid-1800s non-Indians became aware of the presence of gold in what is now Califoregon, and the resulting Gold Rush dramatically altered the area's history. Although gold was never discovered in the Sacred Mountain area, there was intense pressure on the United States government and military to occupy the Tribe's lands. Ultimately, in 1869 the Tribe ceded all but its remaining lands to the United States in exchange for promises of peace, education and health benefits, and a one-time payment of $250,000. At the insistence of federal negotiators, the ceded lands included the mountain area; however, the Tribe explicitly reserved in the treaty the right to "return to the ceded mountain peak (a) to take herbs at the usual and accustomed places, and (b) to possess exclusively the peak during the month of the height of summer for religious observance." Treaty of Sacred Mountain, article 10.
Due to the absence of gold on the mountain, it remained largely unoccupied after the treaty, and tribal members experienced little interference in exercising their rights. In 1936, the mountain area was established as the Sacred Mountain National Park, but received very few visitors, resulting in no controversy over the exercise of tribal rights. However, in 2005 the international magazine, Base-Jumpers Monthly, reported that during the summer, the Sacred Mountain peak provided an optimal site from which base-jumpers could leap and parachute to the base of the mountain or from which hang gliders could launch. Since the publication, the number of park visitors increased dramatically, resulting in noise, erosion, and disruption of tribal ceremonies.
Question:
May the Park Service prohibit (i.e., mandatorily ban) non-tribal members from using the peak during July "to protect the tribes' treaty right to exclusive, temporary possession?" Please explain your position. Note that the right to collect herbs is not an issue for this discussion. Use citations to support your position and explain how your source supports the position.The Sacred Mountain Tribe occupies a 1000-acre reservation in the State of Califoregon adjacent to Sacred Mountain National Park. Prior to contact with Europeans, the tribe exclusively occupied the surrounding 500,000-acre region, including the entire Sacred Mountain area. Historically, the tribe generally resided near the base of the mountain, which was heavily forested and provided a wealth of game, river salmon, and light agriculture. Throughout the year, tribal members climbed the mountain in order to obtain medicinal ingredients and herbs found only on Sacred Mountain, and during the summer months ascended the peak and conducted religious ceremonies.
In the mid-1800s non-Indians became aware of the presence of gold in what is now Califoregon, and the resulting Gold Rush dramatically altered the area's history. Although gold was never discovered in the Sacred Mountain area, there was intense pressure on the United States government and military to occupy the Tribe's lands. Ultimately, in 1869 the Tribe ceded all but its remaining lands to the United States in exchange for promises of peace, education and health benefits, and a one-time payment of $250,000. At the insistence of federal negotiators, the ceded lands included the mountain area; however, the Tribe explicitly reserved in the treaty the right to "return to the ceded mountain peak (a) to take herbs at the usual and accustomed places, and (b) to possess exclusively the peak during the month of the height of summer for religious observance." Treaty of Sacred Mountain, article 10.
Due to the absence of gold on the mountain, it remained largely unoccupied after the treaty, and tribal members experienced little interference in exercising their rights. In 1936, the mountain area was established as the Sacred Mountain National Park, but received very few visitors, resulting in no controversy over the exercise of tribal rights. However, in 2005 the international magazine, Base-Jumpers Monthly, reported that during the summer, the Sacred Mountain peak provided an optimal site from which base-jumpers could leap and parachute to the base of the mountain or from which hang gliders could launch. Since the publication, the number of park visitors increased dramatically, resulting in noise, erosion, and disruption of tribal ceremonies.
Question:
May the Park Service prohibit (i.e., mandatorily ban) non-tribal members from using the peak during July "to protect the tribes' treaty right to exclusive, temporary possession?" Please explain your position. Note that the right to collect herbs is not an issue for this discussion. Use citations to support your position and explain how your source supports the position.
Expert Answer:
The Park Service may have the authority to prohibit nontribal members from using the peak during July to protect the tribes treaty right to exclusive ... View the full answer
