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Chumash Wind Caves vs. Gun Club

by Alan Sanders |
Oct 5, 2007

The Los Padres Chapter (LPC) and other members of the Coalition to Save Husahkiw-Chumash Wind Caves were notified by the Regional Forester of the U.S. Forest Service that it had reversed a decision by the Acting Supervisor of the Los Padres National Forest.

On August 24th the Los Padres Chapter (LPC) and other members of the Coalition to Save Husahkiw-Chumash Wind Caves were notified by the office of the Regional Forester of the U.S. Forest Service, Pacific Southwest Region that it had reversed a decision by the Acting Supervisor of the Los Padres National Forest. That decision had given a 20-year permit extension to the Winchester Gun Club in Santa Barbara County, thereby upholding a formal appeal of that decision made by the Chapter and the Coalition.

On May 30, 2007, the Los Padres National Forest ("LPNF") Supervisor issued his Notice of Decision (NOD) to proceed with the issuance of Special Use Permits (SUPs) for the Winchester Gun Club (WCGC) without a required Environmental Impact Statement (EIS). The LPC asserted that this decision was unlawful due to predictable significant impacts upon the environment that resulted from the decision. More importantly, the LPNF had a wealth of information collected over many years that provide substantial evidence that proved that the use of a mere Environmental Assessment (EA) for a matter of this importance was unjustified and unlawful.

The Chapter on July 12, 2007 appealed the NOD, Findings of No Significant Impacts (FONSI) and issuance of SUPs for the EA done for the Winchester Canyon Gun Club; Los Padres National Forest, Santa Barbara Ranger District.

The Decision was an important confirmation of the Chapter's work to protect the environment and to join with Native Americans to protect important native cultural sites.

Also appealing, the decision were Monique Sunoque representing the Coalition, and Frank Arredondo of Santa Barbara.

The LPC is well versed in the criteria standards for determining the level of required environmental review and therefore felt compelled to express objection for the failure to employ a full EIS given that it was so obviously required in this instance.

The NOD created legitimacy to the effective destruction of one of California's most important archaeological/religious sites with an intrusive, noisy, toxic, urban use that overwhelms and destroys previous cultural uses.

The LPNF files on this issue contain substantial evidence that supports the need for an EIS. Among these files is a Preliminary Assessment that was done by CDM Federal Programs on behalf of the LPNF. CDM findings resulted in a site score of 35.3. Scores of 28.5 are sufficient for nomination to the U.S. Environmental Protection Agency, National Priorities, (SUPERFUND) list! Therefore, the LPNF has substantial evidence that the site far exceeds the levels of toxic contamination that are required to reach a determination to initiate environmental review. Beyond this, the LPNF should be consulting with EPA regarding superfund listing and eventual cleanup.

Eventually, the site will undergo remedial action. When this day comes the public will pay all of the associated costs due. Rather than demanding realistic bonds, insurance policies and fees as might be expected for a special use that includes deposition of toxic substances on federal property, the LPNF has actually argued against taking required actions because the WCGC is broke. Therefore the LPNF was proposing a public subsidy for a private use that is polluting public lands, destroying an important archaeological site and contributing to cultural genocide, with no real environmental review.

Of further concern to the Sierra Club are the adverse impacts to the cultural resources, associated with the Chumash Indian rock art sites, known as Husahkiw or wind caves in Chumash, which are located in and around the gun club property. The Sierra Club Environmental Justice Task Force has in the past participated in other campaigns to protect the traditional, religious, and legal rights of Native Americans. The Sierra Club Shell Oil Company boycott was an effort by the Sierra Club to protect Petroglyph National Monument, another American Indian sacred rock art site. Husahkiw is an internationally recognized archaeological site, known to be one of the most significant in North America due to the unique poly-chrome images.

For thousands of years, the Chumash held sacred the rock shelters and caves in and immediately around the site presently occupied by the gun club shooting range. On the interior walls of these caves they created highly decorative and symbolic multi-colored rock paintings. These abstract images were created from natural pigments and may depict the artists' visions of their sprit world as revealed during ritual vision quests, creatures that inhabit the earth, and tribal and personal exploits.

Unfortunately, the presence of the shooting range at the site creates an unreasonably dangerous risk of harm, and exposure to lead and otherwise interferes with the rights of the indigenous peoples to access, and to express and exercise traditional religious and cultural practices. In addition, the discharge of weapons has caused serious and irreparable damage to the sacred rock paintings, and unreasonably interferes with the sanctity and quiet enjoyment of these sacred places.

The American Indian Religious Freedom Act (42 USCS 1996) requires that American Indians have the inherent right of freedom to believe, express, and exercise their traditional religious practices, and to have unimpeded access to sites, use and possess sacred sites and objects, and have the freedom to worship through ceremonials and traditional rights without impediments.

Moreover, the Act further requires that administrative practices, regulations or directives of the federal government, or agencies such as the Forest Service, not impede the inherent right of any Native American to believe, express, and exercise his or her traditional religion, or otherwise discourage the freedom of religious expression by Native Americans.

All of the previously enacted protective measures taken by both the Gun Club and the Forest Service have failed to adequately and effectively protect the rock art sites from physical destruction. The further extension of, or re-issuance of the gun club permit, by its very nature constitutes a serious and significant impediment to the practices and preservation of Native American traditional values in this sensitive cultural resource area. Notwithstanding, the risk of endangerment to the individuals within the vicinity of the shooting range, the noise and aesthetic impact of shooting upon traditional practices, the physical impact on the rock art paintings caused by the discharge of weapons, the nexus of the gun club facilities are inherently inappropriate, in conflict with, and substantially interferes with and inhibits the traditional ceremonial, religious, and sacred use and preservation of these cultural resources.

Such Native American sacred sites are an integral and vital part of the Native American community, tribal vitality and cultural integrity, which is so much a part of the Native American cultural renaissance. Lack of sensitivity to Native American's heritage sites and cultural values is exactly what compelled Congress to enact legislation which restricts an agencies discretion for the sake of site specific requirements associated with the free exercise of Native American religions.

Furthermore, the Forest Service failed to properly comply with the notification and conference of tribal members as required by the Historic Preservation Act, § 106 as confirmed by the final decision.

The Chapter found that continued operation of the gun club shooting range, and/or extension of the special use permit is inherently depreciating of the environment, and incompatible with the long-term preservation of the adjacent sacred Chumash rock art sites. Further repeated extensions of the gun club permit under the circumstances violates the express provisions of the American Indian Religious Freedom Act which bar directives or administrative practices by Federal Agencies that interfere with Indian peoples access to their historic religious sites. Further, repeated extensions of the gun club permit under the circumstances violates the Historic Preservation Act.

The taxpaying members of the public are tried of government agencies subsidizing the destructive practices of special interests groups, such as logging, mining, grazing, and shooting ranges, on public lands. The Gun Club has turned the site into a mountain of lead. The Gun Club should be required to clean-up the site, so Husahkiw can finally be preserved and designated as a National Monument.