Tourism Policy & Indigenous Religious Conviction: A Strategy of Accommodation for Devils Tower National Monument

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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, Devils Tower has developed into one of eastern Wyoming’s greatest tourist attractions. Today, most visitors to Devils Tower know the monolith more so from its debut in Steven Spielberg’s’ Close Encounters of Third Kind and also as a popular climbing destination. According to Scott Brown, Chief Ranger at Devils Tower, “of the 400,000 visitors to the Monument only 1% are climbers, however, these 4,000 climbers make more of impact economically, socially, and environmentally than any other user group in the area” (Brown, 2004).

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 (Burton, 129). Most parks were able to provide management plans within a short time. Devils Tower, however, proved to be an anomaly. A culturally sensitive area to Native Americans and a celebrated climbing venue to 4,000 visitors, Devils Tower National Monument represented a rather unique case of conflict between climbers and the Native American right to religion (Burton, 130).

2. Description

Devils Tower in northeast Wyoming has long been the epicenter in a multiple use debate that has enveloped ancient Native religious culture with “Euro-American” values and land management principles. Before the nineteenth-century, few Americans knew about Devils Tower deep within Indian plains territory. This geographic landmark has come to represent a timeline culturally and socially in the American west. Geologically, the Tower represents a time when the earth was more active in defining its landscapes with volcanic activity. Spiritually, the Tower is a place that seems to have power and draw to people regardless of race or creed. An American icon, Devils Tower has established cultural boundaries by its use, presences, and even by its name. Bears lodge to some, Devils Tower to many, the management of this landmark has set a precedent in policy, multiple use, and tourism.

The Legend:

Devils Tower National Monument is claimed by over twenty tribes to harbor potential cultural affiliation. The Arapaho, Crow, Lakota, Cheyenne, Kiowa, and Shoshone claim specific historical and cultural ties to the Tower (Miguel). All six of these tribes share a common bond in the legend of how Bears Lodge came to be. N. Scott Momaday, a Kiowa author, recounts the Kiowa legend in his book, The Way to Rainy Mountain,

“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 Cheyenne shares a similar story. During a pilgrimage out to Bears Lodge a Cheyenne man noticed that his wife was rarely found in camp. Concerned, he confronted his wife and found her back to be covered with deep scratch abrasions. She claimed,

“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 South Dakota. Each June, the Lakota return to the Tower to celebrate tribal tradition and enhance cultural understanding.

Devils Tower:

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 Devils Tower as the Country’s first National Monument in 1906, it was believed that the tower was a result from molten lava “boiling up from the earths surface.” Disregarding Native American legend and falling upon traditional Euro-American faith, Devils Tower became known as “the figurative handiwork and above ground adobe of Satan”. It was felt, by early explorers, that this natural edifice was more a symbol of Hell than Heaven due to its volcanic origin (Burton, 123-24).

The Climb:

In 1893, William B. Rogers and Willard Ripley were two local ranchers who first climbed Devils Tower. The two made the climb using a 350-foot ladder attached to wooden stakes. These stakes were pounded into the rock to anchor the climbing apparatus to the Tower itself (Rex-Atzet, 47).

The first legitimate ascent was completed on June 28, 1937. Fritz Wiessner, Lawrence Coveney, and William P. House, all members of the American Alpine Club summated the Tower in 4 hours and 48 minutes (Joyner, 1937). These events marked the beginning of trend and established a tipping point in a recreational phenomenon that would forever mark the beginning of the Tower’s “White history” (Rex-Atzet, 47).

Between 1970 and 1980 Devils Tower began to experience increased tourism through the growing popularity of rock climbing as a recreational activity. As many as 6,000 climbers, per year attempted the Tower in hopes of reaching the summit of the 867 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 Devils Tower was in desperate need of a management plan addressing the multilocal needs of the climbing community, the local economy, and the American Indian communities. In 1994, Deborah Liggett, Superintendent of Devils Tower Monument, arranged a focus group comprised of these three primary stakeholders. The mission was to follow a suggested conflict resolution model by identifying the issue, managing the confrontation, and hopefully being able to determine one set solution (Dustin, 80). What emerged instead, over the following year, was a process that did not yield a simple solution to the complex problem. And yet, a working agreement transpired that would, in effect, appease all involved with the assessment of mutual loss and mutual gain. Early in the mediation, it became clear that no one party would emerge with all demands met. A compromise was necessary and became the ultimate mantra of success for the planning work group. The process of education and interpretation are often difficult enough within a monocultural context (Burton, 134). Because the primary stakeholders were able to put aside their cultural differences and in effect widen their cultural perspective is perhaps the underpinning reason why such an agreeable outcome resulted. “The compromise planning solution at Devils Tower was reached by the recognition that each party was willing to change their original positions and that the new agreed-to position had important and salient cultural meanings for each group” (Burton, 134).

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 Devils Tower. It became clear through the planning process that the month of June held the most religious significance for the Lakota people in tradition of the Sun Dance centering on the summer solstice. The climbing community, represented by the Access Fund (a special interest lobbying group representing climbing and access to climbing sites) was firmly opposed to any mandatory ban. The Access Fund was concerned that allowing a mandatory ban to be set would establish a legal precedent for other management agencies of other climbing locales (Burton, 134). So, in the spirit of compromise and new found cultural understanding, a voluntary ban was proposed. After a series of closed-door sessions, held primarily by the American Indian community, an agreement was determined. The end result was a voluntary closure where the Park Service and Access Fund would advocate no climbing during the month of June out of respect for Native American culture and religious beliefs. Furthermore, the Park Service and Access Fund agreed to enhance interpretive information and further educate the public regarding the cultural significance of Devils Tower to the American Indian community (Burton, 135).

In February, 1995, after one solid year of trial, deliberation, and cultural enrichment the National Park Service and Devils Tower National Monument issued the Final Climbing Management Plan (FCMP). Besides addressing the climbing ban set for June, the FCMP called for a prohibition on the use of climbing hardware that inflicts damage and defaces the integrity of the rock that comprises Devils Tower. The FCMP also would require the suspension of commercial climbing licenses for the month of June. This last element would ultimately be recalled in latter years due to litigation between the Park Service and other private outfitters represented as the Bear Lodge Multiple Use Association (Rex-Atzet, 58).

3. Related Cases

Cave Rock, Nevada

HUECO TANKS, TEXAS

Twin Sisters, Idaho

Red River Gorge, Kentucky

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

April 6, 2004

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, Devils Tower National Monument

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 Devils Tower about 200- 300 people climb during June. 75% of these climbers are guided trips.

Source: Brown, NPS, Devils Tower National Monument

Source: Brown, NPS, Devils Tower National Monument

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 U.S. Federal Executive Order

The Law Suit, 13 March 1996

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 US Secretary of Interior, the Director of the National Park Service (NPS), the Superintendent of Devils Tower National Monument, and other NPS officials (“Position”, Access Fund Website).

The Injunction, 8 June 1996

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 (Burton, 136).”

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 Wyoming’s U.S. District Court were perhaps viewed from one approach. It is well known throughout today’s society that Law often carries many perspectives and often results in prolonged debate. The premise of free speech and freedom of religion can be interpreted and employed in a variety of ways. It is this idea that may explain why President Clinton’s executive order and the AIFRA Law were viewed as enhancements of religion despite agency policy. “To dwell only on one approach is to say, ‘what the Law is’, after having told only half the legal story” (Burton, 136). It is important to note that these are assumptions made that might suggest and establish the kind of fuel that carried this litigation for many years through the courts in Wyoming, Denver, CO, and U.S. Supreme Court founded by the Mountain States Legal Foundation.

Bear Lodge Multiple Use Association vs. Babbitt, April 1998 (Wyoming)

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” (Burton, 139). A second complaint was registered that the National Park interpretive program was, “indoctrinating children into the religious beliefs of Native Americans and the signs asking visitors to voluntarily stay on trails represented a coerced observance of indigenous religions” (Burton, 139). This complaint was also dismissed based upon a lack of substantiated evidence. The court was able to acknowledge that the Park Service was operating upon the ideals of accommodation rather than promotion. The difference was that Devils Tower, as a sacred site, happens to exist upon Federal and Public Land.

Byron White Federal Court House, March 1999 (Denver, CO)

In an attempt to appeal the decision made in Wyoming, the Mountain States Legal Foundation approached the Tenth Circuit Court of Appeals in Denver Colorado. The guide special interest was in litigation on the premise that their business had been impacted, negatively, as a result of the June voluntary ban. After a months time, the Denver Court found there to be no fault further buttressing the FCMP. The Mountain States Legal Foundation was unable to convince the Court that a finical loss had been endured as a result of the voluntary ban (Burton, 141).

U.S. Supreme Court, April 2000

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 Devils Tower National Monument; however, conflict between tourism and sacred sites is extremely common. Throughout the world, Aborigine of Australia, Buddhist, Hindu, Israelites, Muslims, and Japanese all have a sacred mountain that they reference. Mount Sinai, Everest, Mt. Kailas, Uluru, and Mt. Fuji are examples of wellknown and contested cultural attractions. Each site is unique geographically, geologically, and culturally. A similarity, however, is that climbers are a part of the tourism construct environmentally, socially, and culturally.

· National – Cave Rock managed by the US Forest Service in the state of Nevada is currently realizing a lack of tourism policy regarding recreation and sacred sites. This case has a variety of similarities to Devils Tower. The Washoe Tribe, National Forest Service, and Access Fund have been trying to come to terms with increased recreational use. The environmental impacts to the rock have become significant through the use of certain equipment by various climbers. An educational movement has since occurred and Cave Rock is now formally open to climbing after US Forest Service implemented a specific climbing ban. To this day, the Cave Rock issue is extremely volatile and far from any sort of resolution.

· Regional – Devils Tower National Monument is an economic magnet for the northeast corner for the state of Wyoming. Situated in traditional plains country, Devils Tower has drawn many to an area that would otherwise be surpassed by the mighty tourist dollar. Deep in Native American history, this country is recognized as a part of the sacred black hills region. The regional land has long been a gathering place for many native Americans and is covered with a wide spectrum of sacred sites stretching from the Dakotas west through Wyoming and south towards Colorado and Nebraska.

· 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) United States

2) State of Wyoming

3) The National Park Service (Devils Tower National Monument)

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:

Devils Tower in itself is a National Monument that is inspiring, mysterious, alluring, and prevailing. The cinema blockbuster Close Encounters of the Third Kind first brought public attention to the National Monument. The drama that was conjured during the formulation of the Final Climbing Management Plan by the media has only enhanced the allure of Devils Tower. It is unclear, quantitatively, the effects that media has had in increasing visitor days at the Tower; however, it would be safe to say that there is an associated link that is now more aware of the Native American presence and the climbing attraction that has ultimately resulted in increased use.

b. Indirectly Related to Product/Policy:

Due to the geographic location of Devils Tower National Monument it is susceptible to four seasons. As a result, seasonality has become a player in the economic environment surrounding Devils Tower. To compound the effects of seasonality the voluntary climbing ban is held during the beginning of the prime-climbing season. With a high compliance rate it is clear that climbers venture elsewhere for the month of June; however, due to the fact that June is significant to Native Americans this may indirectly serve as an attraction for the cultural and heritage tou