PIPE SPRING Cultures at a Crossroads: An Administrative History

Federal Legislation and Federal Water Rights

Two important pieces of legislation were passed in the late 1970s that impacted the management of many park units during the 1980s, particularly those in the West. At about the same time these laws were passed, the federal government took action regarding water rights on lands that it administered. The following two sub-sections briefly describe those events.

The American Indian Religious Freedom Act (1978) and the Archaeological Resources Protection Act (1979)

The U.S. Congress passed the American Indian Religious Freedom Act (AIRFA) on August 11, 1978 (P. L. 95-341; 92 Stat. 469). The act declared "the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religious of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites." [2260]

The Rocky Mountain Region was directed to appoint a key person to serve as liaison between park units, the Rocky Mountain Region, and the Washington office on AIRFA. During the summer of 1979, Regional Coordinator Emma Plume was appointed to serve in that position. Donald Standing Elk and Cecil Lewis worked with Plume after her appointment to develop and implement an operational plan to carry out the AIRFA mandate. A regional committee was appointed to contact each Tribal Council and to inform them of the Park Service's intentions in respect to the act. Zion National Park was asked to appoint a coordinator to work with the committee. Bill Herr was chosen to be the coordinator for Zion, Pipe Spring, and Cedar Breaks. In notifying Regional Director Bean of Herr's appointment, Zion Superintendent Lancaster wrote, "Although some may exist, we are not aware of any religious sites within any of the three areas." [2261]

In addition to AIRFA legislation, Congress passed the Archaeological Resources Protection Act (ARPA) in 1979 (P. L. 96-95 Stat. 712). This law defined archeological resources as any material remains of past human life or activities that are of archeological interest and at least 100 years old; required federal permits for excavation or removal and set penalties for violators; provided for preservation and custody of excavated materials, records, and data; provided for confidentiality of archeological site locations; and encouraged cooperation with other parties to improve protection of archeological resources. In September 1980, as part of its response to AIRFA and ARPA, the Park Service's Office of Management Policy drafted a "Native American Relationships Policy," covering the headings of philosophy; legislation; explanation of terms; access and use within park sites; Native American traditional activities; planning and resources management; and research and interpretation. [2262] This was a time when establishing close communication and good relations with Indian neighbors became increasingly important among federal agencies.

Federal Water Rights: the Solicitor's Opinion

On June 6, 1978, President Jimmy Carter issued a directive to expeditiously identify, establish, and quantify federal water rights. On June 26, 1979, Department of the Interior Solicitor C. Martz issued Opinion No. M-36914, which was a comprehensive analysis of the nature and extent of federal rights to use water on lands administered by the National Park Service, Fish and Wildlife Service, Bureau of Reclamation, and Bureau of Land Management. It defined and characterized the reserved water rights those agencies may assert under various statutes, executive orders, and Secretarial orders. It also discussed other forms of water rights assertable by federal agencies, including rights initiated by application of water to beneficial use for congressionally authorized or mandated purposes. This right has become commonly know as the federal non-reserved water right. To address concerns raised subsequent to the original opinion, Solicitor Martz issued a supplement on January 16, 1981. [2263]