Tourism Policy &
Indigenous Religious Conviction: A Strategy of Accommodation for
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Map & Photos: NPS
I.
Identification
1. The Issue
In 1978, congress passed the Native American Religious Freedom Act (Rex-Atzet, pg 56). This law reestablished the right to practice religion and associated ceremonies indigenous to all Native American people. Slowly, tribes across the country began to leave Reservation grounds and return to areas of previous religious significance. In 1980, two years after the Law was passed, the Lakota people from Pine Ridge Reservation in South Dakota began migrating back to Devils Tower to celebrate the Sun Dance, a religiously significant ceremony that had once been formally banned by Congress in 1884 (Rex-Atzet, 53). During that period of time, from 1884 till 1978, Native American people never forgot about the Tower and its association with the “Great Spirit” (Rex-Atzet, 50).
Coincident with the tribe’s return in 1980, was the
Monument’s growth in popularity as a chosen travel destination by non-Native
American travelers. Designated by
President Theodore Roosevelt in 1906 as the country’s first National Monument,
In 1992, the National Park Service recognized the
growing popularity of climbing. As a
result, a national directive was employed requesting all parks to prepare plans
addressing the activity and the potential impacts on natural and cultural
resources (
2. Description
The Legend:
“Eight children were at play, seven
sisters and their brother. Suddenly the
boy was struck dumb; he trembled and began to run upon his hands and feet. His fingers became claws, and his body was
covered with fur. Directly there was a
bear where the boy had been. The sisters
were terrified; they ran, and the bear after them. They came to a stump of a great tree, and the
tree spoke to them. It bade them climb
upon it, and as they did so it began to rise into the air. The bear came to kill them, but they were
beyond its reach. It reared against the
tree and scored the bark all around with its claws. The seven sisters were borne into the sky,
and they became the stars of the Big Dipper (Rex-Atzet 51)”.
The oral tradition of the
“A bear had become infatuated with her while she was
out gathering fruit. Fearing for the
safety of the camp, she had submitted to the bear’s embraces. Her husband, determined to kill the bear, and
other men of the camp prodded the animal out of its cave. But the bear was huge, and they scrambled
onto a large rock, frightened, to escape it.
On the rock they prayed to the Great Spirit to save them. In answer to their prayers, the rock began to
grow up out of the ground and the bear jumped at the sides in an attempt to
reach the men. On the fourth jump the
bear managed to hook his claws over the rim of the Tower, but because the Great
Spirit had helped the men now they had great courage and they shot the bear and
killed him. When the bear fell, he fell
backwards and pushed the big rock, which made it lean (Rex-Atzet, 51)”.
Other
oral traditions exist, with slightly different elements and characters;
however, the Bear appears to be constant throughout all various oral
tradition. To the Lakota tribe, Bears
Lodge is valued far beyond a place of worship.
To many, this site is who the Lakota people are and how they came to be
(Miguel). Bears Lodge is a place where
prayer for health, welfare, and personal direction is committed. Vision quests, being a time of fasting and
solitude, are employed at the Tower in hopes of, "regain(ing) clarity of purpose in lives and secure identity as a
member of the tribe" (Miguel). The
most sacred object of the Lakota people is believed to have come from Bears
Lodge. The White Buffalo Calf Pipe, is believed to
have come from the White Buffalo Calf Women a spiritual entity who located the
pipe from a cave located on the north side of Bears Lodge.
The Sun Dance is a group ceremony
that is held annually during the summer solstice at the Tower. An activity of fasting and personal
sacrifice, the Sun Dance, leads to rejuvenation of individual and group spirit. The Sun Dance is,
"...the
supreme rite of intensification for the society as a whole..." and "...a declaration of individual bravery and
fortitude..." "Young
men went through the Sun Dance annually to demonstrate their bravery as though
they themselves had been captured and tortured, finally struggling to obtain
their freedom."(Miguel).
To the Lakota, Bears Lodge is a
place that defines who they are as a people.
The month of June is a time when the Lakota confirm their heritage and
religion. It has been established that
the Lakota have spent significant time at the Tower since 1816 (Miguel). Today the Lakota reservation is located on
Pine Ridge in
In 1875, Colonel Richard Dodge led a
gold hunting exhibition into the area.
Few Anglo Americans had ever seen such rock mass as sudden in similar
landscapes. Henry Newton a geologist of
the time noted, “Once seen, it is so singular and unique…its symmetry and
prominence make it an unfailing object of wonder (Rex-Atzet, 46).” When President Theodore Roosevelt designated
The Climb:
In 1893, William B. Rogers and
Willard Ripley were two local ranchers who first climbed
The first legitimate ascent was
completed on
Between 1970 and 1980 
foot
spire. During this time climbers
established over 200 routes scaring rock surface with pitons and bolts being
permanently embedded into the rock itself (Dustin, 81). Ultimately, with increased use, visible eye
soars began to surface in the form of rubbish and scattered debris. The National Park Service (NPS) found that
they had to commit significant time and resources to managing impacts of
climbing, questions about climbing, and tending to climbers themselves. Other duties such as cultural and scientific
interpretation, general guest interaction, and park development were subsumed
to growing management concerns related to rock climbing.
The
Action:
Considering these factors,
the Park Service understood that
Attaining this cultural milestone
allowed the work group and Park Service to address the next step being a
mandatory or voluntary closure of climbing activity at
In February, 1995, after one solid
year of trial, deliberation, and cultural enrichment the National Park Service
and
3. Related Cases
MOUNTAIN STATES LEGAL FOUNDATION
4. Author and Date:
Mark Cornish
Master's of Tourism Administration
in Destination Management
Department of Tourism and Hospitality Management
The George Washington University
600 21st St., NW
Washington, DC
USA
II.
Policy Impacts
5.
Social
The Final Climbing Management Plan has set a precedent
in an arena that rarely finds comprise.
The Park Service, Native Americans, and Access Fund have opened a new
door of understanding between all three primary stakeholders. The volunteer ban has proven to be successful
in providing an 80% nine-year compliance of no climbing during the month of
June. It has also founded greater
support for the Native American people in being recognized further in the
National Park Service. Indirectly, this
relationship has enhanced environmental sustainability by funneling use during
certain times of the year. Accommodating
Native Americans and climbers to participate in what they believe to be of
importance has also strengthened social sustainability.
Source: Brown, NPS,
6. Environmental
Climbing today is not considered a high impact
sport. Technology has allowed climbing
to evolve from rock hammers and pitons to light weight gear leaving little to
no impact upon the natural resource.
There have been cases, however, of webbing being left on site and other
non-retrievable hardware that to some could be regarded as litter.
The
Native American culture prides themselves on caring for the land, preserving
the ecosystem, and maintaining a harmonious balance with the environment. Though, like the climbers some have come to
view prayer bundles (colorful pieces of cloth) placed around the base of the
Tower for religious purposes as pieces of garbage.
Together,
these two groups do ultimately care for the environment. The basis of contention is more cultural
sustainability than environmental.
7.
Economic
It is
unclear if there has been any positive or negative economic impact associated
with the FCMP. It is known that climbing
still continues through the month of June.
According to Scott Brown, Chief Ranger at
Source: Brown, NPS,
Source: Brown, NPS,
8.
Legal
See Legal Clusters III.
9.
Suggested Interventions
Raise Climbing Fees
Ban Climbing
Encourage Native American use during off months
Establish Permit system for Native American use
Encourage continued stakeholder participation
III.
Legal Clusters
10. Discourse and Status/Policy Issue:
Agreement and In Progress
1995 Final
Climbing Management Plan and
The Law Suit,
In February, 1995, the first addition of the Final
Climbing Management Plan was produced.
This version of the Plan originally called for suspension by the
National Park Service in the issuance of commercial climbing licenses for the
month of June. This clause was an
addition made outside the room of negotiation by Park Service officials. Recognizing potential in the establishment of
a harmful legal precedent (from the climber and guide perspective), the Bear
Lodge Multiple Use Association was created.
This special interest group filed suit with the Mountain States Legal
Foundation in U.S. District Court against the
The Injunction,
On June 8,
1996, William Downes, a Judge for the Wyoming US District Court, granted
an injunction against the National Park Service and concurred with the Suit as
stated, “ the new climbing policy for Devils Tower
violates the Establishment Clause of the First Amendment to the US
Constitution, and violates NPS management policies, by promoting Native
American religious ceremonies over other established uses of Devils Tower”
(“Position” Access Fund Website). The order
proclaimed that by not providing climbing permits during the month of June,”
represented an impermissible establishment of Indian Religion by the Park
Service (
Realizing if immediate action were not taken, the Park Service would stand to loose valuable ground. A subsequent FCMP was soon drafted lifting the suspension in the issuance of climbing guide permits for the month of June. Language would still remain that would discourage climbing during June, through a volunteer measure within the Final Climbing Management Plan. This action would later prove to be positive for the FCMP in further litigation at the District and Supreme Court levels.
Executive Order and Interpretation of the Law,
May 1996
On executive order applicable to federal land
management agencies, President Bill Clinton directed instruction to assure
access to sacred sites that harbor any value for local and indigenous
tribes. The order further stated that
federal land managing agencies must also insure the physical integrity of all
such sacred sites. Implemented a few
short months after the original FCMP this order would prove to hold little
value in its intended purpose.
Associated with the American Indian Freedom of Religion Act (AIFRA) both
legal orders were interpreted and leveraged as avenues used that may cause for,
“an impermissible establishment of Indian Religion…in the Park Service”
(Burton, 136). These two orders in the context of constitutional discourse
within
Bear Lodge Multiple Use Association vs. Babbitt, April 1998 (
During the first week of April, 998 a court
decision was made based entirely upon First Amendment analysis in favor of the
Park Service. The plaintiffs (Bear
Lodge Multiple Use Association) had registered formal complaints towards the
voluntary climbing ban. The claim was
founded upon the idea that even though the ban was voluntary the National Park
Service still maintained authorative right to impose a mandatory ban if
compliance goals were not met. The court found this claim to be, “remote and speculative”
(
Byron White Federal Court House, March 1999 (
In an attempt to appeal the decision made in
Bound and Determined, Mountain States Legal Foundation made way to the highest court in the land to appeal its case; however, the U.S. Supreme Court had been well prepared and versed in the case as it was presented. Unfortunately, the case was declined Supreme Court status. This action in turn solidified the original ruling established back in the Tenth Circuit Court system. The voluntary climbing ban had proven successful because of the principle of the word. The fact that the policy is “volunteer” still allows outfitter guides free market access. This underpinning element provides climbers with a choice, businesses still have opportunity, and religion is accommodated.
11. Forum and Scope/Existing Policy Framework:
US & Subnational
The Final Climbing Management
plan, in essence, is a policy based upon voluntary action. Since 1995, climbers have been able to
exercise a choice in expressing respect for Indian people and their cultural
beliefs. On the same token this
voluntary policy has allowed the climbing community to express their choice and
shoulder support for those who value climbing during the month of June. The success is in the Parks Service’s ability
to accommodate all users of the resource.
Currently, a revised edition of the FCMP is due by late fall of
2004. According to Scott Brown, Chief
Ranger, there are no radical adjustments planned for the revised FCMP. The tourism policy has proven to be effective
and most foresee little change.
·
International
– The Final Climbing Management Plan is unique to
·
National –
Cave Rock managed by the US Forest Service in the state of
·
Regional –
·
Local – To
this day the Native American people have yet to be fairly represented on many
levels. The trials and tribulations of
these people truly define who they are as a strong, resilient, persevering
people. The climbing community often
does not receive credit that they deserve.
Traditionally quite, eco-minded, climbers are relatively low impact in
comparison with various other user groups.
It is true that instances exist where climbers have made a negative
impression on culture or environment.
Though the same could be said about Native Americans. Fortunately, these two groups share more in
common than is perceived socially and environmentally. The challenge is being able to communicate
culture and faith between the two groups.
12. Decision Breadth/Stakeholders/Policy Actors:
1)
2) State of
3) The National Park Service (
4) Access Fund (Special Interest Climber Lobby Group)
5) Mountain States Legal Foundation (Legal entity representing guide interest)
6) Native Americans (Representatives of the Medicine Wheel Coalition)
13. Legal Standing/Legal Regulatory Framework/Suggested
Policy Intervention:
The Final Climbing Management Plan is currently
under a revision process due to be released in the late fall of 2004. There is no plan to make any
significant alterations to the plan or policy.
IV.
Trade Clusters
14. Type of Measure: Social Measures, Environmental Measures, Cultural Measures, and Economic Measures
15. Relation of Trade Measure to Environmental/Tourism
Impact
a.
Directly Related to Product/Policy:
b.
Indirectly Related to Product/Policy:
Due to the geographic location of
c. Not Related to Product/Policy:
The Final Climbing Management Plan has forced the National Park Service to reconsider the role of the agency in managing climbing as a recreational user group. Separate from the traditional fisherman, hiker, or backpacker climbers have the potential to cost more to manage than any other user group within the recreational user mix. The issuing of permits, training of staff, and rescue fees are just some examples of cost that may be incurred throughout any given season. The FCMP has also brought out the importance of managing sacred sites. It has become clear that a simple sign referencing Native American religion in association with the landscape is simply not enough. The Native American, visitor, and recreationist all must be recognized under a multilocal framework.
d.
Related to Process:
The multilocal framework is an idea that was
established through FCMP process. It has
become apparent that in today’s political environment everything is linked
together in one fashion or another. Each
decision that is made will have an impact, on some level, with every other
element at varying intensities.
16. Trade Product Identification/Trade and Services:
Recreational climbing, cultural and heritage tourism, and Native American culture all associated with National Park Service, state of Wyoming, and
17. Economic Data
Local and Regional
Economy
“The economy in the
The main local attractions are
March 2000 unemployment rates in the
Source: Devils Tower General Management Plan <http://www.nps.gov/deto/gmp_final/03_affected.htm>.
Accessed
Source:
<http://www.nps.gov/deto/gmp_final/figure01.htm>
(Accessed 13 April 2004)
18. Impact of Trade Restriction:
It would be remiss not to
acknowledge the possibility that there is potential loss of revenue for private
outfitter guides who schedule regular trips to climb
19. Industry Sector:
20. Exporters and Importers:
The National Park Service,
V.
Macro/Environment Clusters/Tourism Policy Clusters
21. Environmental Problem Type/ Environmental Aspects:
The mission statement of the
National Park Service is to, “preserve (the) unimpaired natural and cultural
resources and values of the national park system for the enjoyment, education,
and inspiration of this and future generations. The Park
Service cooperates with partners to extend the benefits of natural and cultural
resource conservation and outdoor recreation throughout this country and the
world” (<http://www.nps.gov/>). The staff at
22. Resource Impact and Effect:
The Final Climbing Management Plan is the result of two directives first requiring the management of climbing as a special use defined by the NPS agency and second, managing the cultural and religious differences between two key stakeholders of Devils Tower National Monument. Addressing both user groups, the FCMP has mitigated resource impact while accommodating the needs and wants for both groups. Also within the FCMP, the NPS has implemented a formal no climbing policy on specific routes during the nesting of the Prairie Falcons from mid-March to mid-summer. The effect is an enhanced tourist experience for most visitors to the Monument.
23. Urgency and Lifetime/Urgency and Policy Review:
The Final Climbing Management Plan is reviewed by the managing agency every ten years. Consistent with the review standards of the General Management Plan for the Monument, the FCMP is due late fall/early winter of 2004 (Brown, NPS).
24. Substitutes/Alternative Policies:
In today’s society there exists a variety of examples where a managing agency has elected simply to limit or close access to specific users in periods of conflict. The Devils Tower Final Climbing Management Plan is an example of a cooperative environment that dared to answer the “tough questions”. Clearly, alternative policies/substitutes for the Tower would be to simply shut down access. As a federal land managing agency the National Park Service must make every attempt to accommodate the needs and wants of its visiting public. Shutting down or restricting access is simply not an option.
VI.
Other Factors
25. Culture:
The cultural traditions that follow the Native
American people are rich in faith and run deep in ritual. The conflict that is associated with the
management of sacred sites is based upon the cultural differences between the
Native American and Euro-American faith.
For many Euro-Americans it is difficult to understand religion outside a
“church” or constructed building. For
many Native Americans their church is the air, the earth, fire, and wind. To practice their faith requires them to out
rather than in (In
the Light of Reverence).
26. Trans-Boundary Issues:
Despite all efforts by
The climbing community is comprised of many
ethnicities, cultures, and perspectives as defined by any one person who
considers him or herself a climber. Each and everyone, under
Climbers are damned if we do and damned if we don't. It's tough to be a force great enough to upset "the equilibrium between earth and the spiritual realms." Sometimes the law doesn't resolve all the questions, and we are left with only our conscience to guide us (Davidson).
27. Rights:
Free Speech, due process and freedom of religion (just to name a few)
VII Conclusion
28. Policy Implications
According to the Merriam-Webster dictionary
the word voluntary means, “proceeding from the
will or from one's own choice or consent.”
The word policy defined by the same resource states the word to be,
“prudence or wisdom in the management of affairs”. Clearly, neither idea seems to support the underpinning meaning of the
other when applied into a working framework; however, the Finial Climbing
Management Plan has created a working relationship that provides an environment
for these two ideals to bond effectively together. With an 80% compliance rate,
29. Recommendations
Continued success of the FCMP is dependent
upon valued input from all stakeholders associated with
For
a climber, a rock face, mountain, or crag is a symbol of who they are as a
person. For many Native Americans, these
same natural elements are a symbol of how they came to be as people and a
Nation. These cultural differences may
be slight but are exceedingly significant.
What makes the Final Climbing Management Plan of Devils Tower a
“success” is the recognition by 80% of the climbing community that Bears Lodge
is a significant cultural sacred site for the Native American people. The ability to exercise desecration by a few
has elevated the
30. Relevant Literature
123-144.
Digance, Justine, (2003). “Pilgrimage At Contested
Sites”, Annals of Tourism Research, vol. 30,
#1, pp 143-159.
Dustin, Daniel, L.; Frakt, Aurthur, N.; McAvoy, Leo, H.; Schneider,
Ingrid, E., (2002). “Cross-
Cultural Claims on
Esman,
Marjorie, R, (1986). “Tourism as Ethnic Preservation: The Cajuns of
of Tourism Research, vol. 13, #1, (451-467).
Huyskens,
Monique and Wearing, Stephen, (2001). “Moving on from Joint Management Policy
Regimes in Australian National Parks”, Current
Issues in Tourism, vol. 4, no: 2-4, pp182- 200.
Jones,
Calvin and Munday, Max, (2001). “Blaenavon
and United Nations World Heritage Site
Status: Is Conservation of Industrial Heritage a
Road to Local Economic Development”, Journal of Regional Studies, vol.
35, #6, August, pp. 585-590.
Muir,
John, (1999). Sacred Summits: John Muir’s Greatest Climbs, Edited by
White, Graham,
Canongate Books Ltd.,
Ownes McCoy, Bruce, (2002). “Monumentality, Identity, and
the State: Local Practice, World
Heritage, and Heterotopia
at
Price,
Nicole, (1994). “Tourism and the Bighorn Medicine Wheel: How Multiple Use Does Not
Work for Sacred Land Sites”, Sacred Sites, Sacred
Places, Edited by Carmichael, David
L; Hubert, Jane; Reeves, Brain; Schanche,
Audhild;
pp. 259-264.
Rex-Atzet,
Wendy, (2003). “Narratives of Place and Power”, Imagining The
Big Open: Nature,
Identity, and Play in the New West, Edited by Bapis, Elaine, M., Harvey, Thomas, J.,
Nicholas, Liza. The
Washburn,
Brad, with Smith, Donald (2002). On High: The Adventures of Legendary
Mountaineer, Photographer, and Scientist Brad
Washburn, National
Geographic Society,
Film
In the Light of Reverence. Dir. Christopher McLeod.
Bullfrog Films, 2001.
Personal Interviews
Brown, Scott. Chief Ranger,
February 2004.
Hall, Ed, III. Bureau of Indian Affairs. Personal Interview.
Keith, Jason. Policy Director, Access Fund. Telephone
Interview.
Trope, Jack. Executive Director, Association on American Indian Affairs. Telephone
Interview
Recorded Interview
Wilson, Ted. Interview with Adam Burke. “Climbing Into Trouble (Vol. 4, no 52).” 11
July 2003. Radio
High Country News Archive.
Web Sites
“Cave Rock, NV-Closed to Climbing.” Access Fund News
<http://www.accessfund.org/endangered/cave-rock.html>.
Davidson, Sam. “The Sacred and the
Profane: Should climbers Just
Say No to
climbing at "sacred
sites"?” Access Fund News
<http://www.accessfund.org/whoweare/who_about_pos_sacred.html>.
Joyner, F. Newell.
“First Technical Climb of
Miguel, San, George, L. “How is Devils Tower A Sacred Site to American Indians?” August
1994. DevilsTower:
Sacred Place
“Position on
Service: over climbing
policy at
<http://www.accessfund.org/whoweare/who_about_pos_dtower.html>.
“Socioeconomic Resources.”
Plan.
Wood, Harold. “Quotations from John Muir.” John Muir Exhibit, Sierra Club 30 March
2004.