Draft Environmental Impact Statement for Roca Honda Mine

Chapter 3. Affected Environment and Environmental Consequences
○ Where the cultural values derive primarily from qualities other than research
potential, and where those values are fully realized only when the cultural remains
exist undisturbed in their original context(s) (e.g., association with significant
historical persons or events, special ethnic or religious values, or unique interpretive
values). (USFS, 1985:63)
Both of the action alternatives for the proposed project would result in adverse effects to historic
properties, including to the Mt. Taylor TCP and other sites with cultural values beyond research
potential. For example, the Mt. Taylor TCP is eligible for listing on the NRHP in part due to its
association with significant events and persons, and Mt. Taylor is significant for its special ethnic
and religious values with respect to the role it plays in American Indian religion. Selection by the
Forest Service of either of the action alternatives would be in conflict with these two standards of
management for historic properties. It is unlikely that complete mitigation can be developed for
the Mt. Taylor TCP or other sites with cultural values beyond research potential.
If the Forest Service selects either of the action alternatives, the Forest Service would approve a
project-specific forest plan amendment to allow the Roca Honda project to deviate from the forest
plan standards of management with regard to historic properties identified above. This
amendment would only apply to the Roca Honda Mine project and only to the standards of
management with regard to historic properties. The amendment would allow impacts to historic
properties resulting from this project, in accordance with normally applicable law, e.g., Section
106 of the NHPA and 36 CFR Part 800.
Conflicts with Other Federal Requirements
Executive Order 13007 addresses the protection and preservation of American Indian religious
practices. The order states that Federal land-managing agencies shall:
“To the extent practicable, permitted by law, and not clearly inconsistent with
essential agency functions, (1) accommodate access to and ceremonial use of
Indian sacred sites by Indian religious practitioners and (2) avoid adversely
affecting the physical integrity of such sacred sites.” (61 FR 26771, Section 1)
The order construes neither to require a taking of vested property rights, nor to impair enforceable
rights to use of Federal lands that have been granted to third parties (61 FR 26771, Section 3). As
such, and in consideration of the General Mining Act of 1872, for the current proposed project the
order does not preclude selection of a project alternative that would result in impacts to the
physical integrity of the Mt. Taylor TCP as a sacred site, or to access to this sacred site. The order
also requires that the Agency ensure reasonable notice is provided of proposed actions that may
restrict future access to or ceremonial use of or adversely affect the physical integrity of sacred
sites. This requirement has been satisfied with consultation by the Forest Service with the
involved tribes on a government-to-government basis through the NEPA and NHPA compliance
processes.
AIRFA addresses the protection and preservation of traditional religions of Native Americans,
including but not limited to access to sites. Agencies were directed to “evaluate their policies and
procedures in consultation with native traditional religious leaders in order to determine
appropriate changes necessary to protect and preserve Native American religious cultural rights
DEIS for Roca Honda Mine, Cibola National Forest 355