Draft Environmental Impact Statement for Roca Honda Mine

Chapter 3. Affected Environment and Environmental Consequences
and practices” (42 U.S.C. 1996, Section 2). The conduct and completion of this EIS is in
accordance with current policies and procedures of the Forest Service.
The Religious Freedom Restoration Act is often cited as a protection for religious and sacred
sites. The act, passed in 1993, states that government shall not substantially burden a person’s
exercise of religion, even if the burden results from a rule of general applicability. On June 25,
1997, the Supreme Court declared the Act unconstitutional, but only as it applies to State
government actions (Supreme Court 1997, Decision 521 U.S. 507). The act limits the Federal
government’s ability to impose a substantial burden on the free exercise of religion. To
substantially burden the free exercise of religion, there must be government coercion to act
contrary to religious beliefs under the threat of civil or criminal sanction, or a condition on receipt
of a government benefit on conduct that would violate religious beliefs (Navajo Nation v. USFS,
535 F.3d 1058, 9 th Cir. 2008). Such conditions do not exist in this project.
Alternative 2
This section describes the impacts of the proposed action on cultural resources. Mining
development, operation, and reclamation would occur in Section 10 and 16, with vent shafts and
safety features in Section 9. The direct and indirect impacts to cultural resources identified by the
involved tribes (described above) would occur under this alternative. Impacts to springs,
groundwater, wildlife, and vegetation, all as resources infused with cultural meaning and value,
would occur under this alternative. Also, direct and indirect adverse effects (described above) to
historic properties, to features within the setting of historic properties, and to the visual and
audible characteristics of the setting of the Mt. Taylor TCP would occur. Specific direct physical
damage to historic properties under this alternative are displayed in table 68. Under alternative 2,
direct physical damage would be expected to occur to a total of four historic properties, plus the
Mt. Taylor TCP. An additional 37 historic properties could be at varying levels of risk for indirect
effects from erosion, inadvertent damage, and vandalism or looting, based on their proximity to
the proposed project facilities and mine activities. The impacts of this alternative on cultural
resources would be significant, and the proposed project would result in an adverse effect to
historic properties.
Table 68. Historic properties that would be directly physically damaged under alternative 2
(proposed action)
Site No.
Mt. Taylor
Traditional
Cultural
Property
LA 156475
Project
Section
16, 9, 10,
11, 2
Land
Status
Federal and
NMSLO
(portions
outside of
project area
include
private lands)
Criteria for
Eligibility
Source/Project Facility
A, B, and D Construction of surface facilities in
Sections 9, 10, 11, and 2. Extraction of
mineralized ore under Sections 9, 10, and
16. Reclamation of surface facilities in
Sections 9, 10, 11, and 2.
78873 16 NMSLO D Construction of haul road and perimeter
fence.
160744 NA private D Construction of dewatering discharge
pipeline and storage tank.
356 DEIS for Roca Honda Mine, Cibola National Forest