Cultural and Archaeological Impact

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This section describes archeological opposition to Reef/Black Desert's massive golf course development on Shivwits sacred land and depicts the impact on the cultural heritage, historical context, burial sites, and indigenous land of the Shivwits Band of Paiutes.

Archaeology Opposition: Dozens of Southwest archaeologists signed a petition to the US Congress opposing the Reef Capital/Black Desert golf course development and advocating for the right of the Shivwits people to vote for themselves on whether or not they want a luxury golf course resort placed on their sacred lands and over the top of their ancestors' burial remains. Archaeology associations such as the Desert Archaeological Society continue to express serious concerns about and opposition to the construction of Reef's massive resort on indigenous lands, the disturbance of probable burial sites, the destruction and displacement of cultural artifacts, and the possible permanent erasure of sacred cultural heritage. 

Loss of Historical Context/Spiritual Connection: Construction on any sacred Indian sites causes an irreversible loss of the unique historical context of how ancient communities lived and severs the abiding connection between native peoples, their ancestors, and sacred lands. The Southern Paiute Shivwits people have been present on their indigenous land of the Southern Paiutes since at least 1100 AD and oral tradition has been constant about the tradition of burials on and along the base of the Red Mountain. Shivwits elders recall being taught not to step foot on land close to the mountain since that is "where the spirits live" of ancestors buried there. For the Shivwits people, the hallowed Red Mountain landscape holds the ancestral memory and spiritual strength needed to sustain communal life and culture.

Oral History/Ecological Stewardship: Southern Paiute Shivwits origin stories and oral histories are integrally connected to respect for the sacred land at the foot of the Red Mountain where Reef Capital/Black Desert plans to build their massive golf course resort. Such stories tie the Shivwits people directly to the Red Mountain landscape they inhabit, embedding moral lessons, including interconnectedness with the land and ecological stewardship with the need for co-existence with and respect for all living things. The stories Shivwits elders tell depict the key role of the area's plants and animals in the deep gratitude and respect they feel for the sacred Red Mountain landscape.

Moral Injury/Grave Desecration: According to Shivwits Band Members, the site below the Red Mountain where Reef Capital plans to build three 18 course golf courses, a practice course, an airport, and a resort, have already been disrupted by Reef/Black Desert's pre-construction surveyors. Human bones and cultural artifacts have been unearthed and disturbed on the site, causing spiritual trauma to Shivwits elders and other band members. Unlike construction which has occurred on other Native American reservations, the Shivwits haven't been allowed any choice in the matter, or even their federal right to vote on the issue, despite a clear majority of members opposing the development. This magnifies the moral injury from Reef's current and planned desecration of their ancestors' burial sites, culturally significant areas, and sacred land.

No Recent/Reliable Land Surveys: Archaeologists, including Kaye Whitefeather Robinson, President of the Desert Archaeology Society, articulate apprehensions about cultural artifact destruction and grave desecration caused by Reef's four golf course development and resort. It appears that no detailed, impartial, up-to-date, or reliable archeological surveys of the land slotted for Reef's golf courses have been done for decades. Per Whitefeather Robinson, since then there have been great advancements in archaeology technology and subsurface land evaluation, including new tools such as Lidar, ground penetrating radar, luminous dating, radiocarbon dating, DNA, and eDNA. 

Any basic, superficial overview of the area done by a Reef or band council reimbursed contract archeologist not using these advanced technologies and not engaging in a detailed grid-by-grid subsurface evaluation of the site is insufficient to the task and nowhere near accurate enough to assess the 1,250 acres Reef plans to disrupt for human burial remains or important cultural artifacts. A basic as a "desktop review" or "Phase I" background study, which relies on compiling information from databases rather than field sampling, would be grossly insufficient.  

Likewise, a reconnaissance survey using low resolution surface observation and random or minimal field samplings with no in-depth evaluation would be deficient. Neither would be compliant with the federal standards required to evaluate subsurface burials on indigenous lands. An intensive systematic survey, on the other hand, is a much more reliable archaeological method which would use geophysical remote sensing, subsurface shovel testing and probing, parallels transect, shovel test pits, and 100% surface coverage of the 1,250 acres planned for the resort. If done correctly, by a neutral rather than biased professional hired by Reef or the Reef-aligned and illegitimately composed band council, and in strict compliance with Section 106 of the National Historic Preservation Act (NHPA) and the Native American Graves Protection and Repatriation Act (NAGPRA) such an intensive survey would at least glean important information.  

Federal Requirements: It does not appear that either the Shivwits Band Council or the developers have complied with or adequately addressed the numerous regulations which exist to safeguard native lands, burial grounds, and cultural artifacts. "Building on native lands requires navigating a complex framework of tribal sovereignty, federal trust responsibilities, and specific federal regulations. The primary requirements depend on whether the land is held in trust or is fee land, governed by the Bureau of Indian Affairs (BIA) under Title 25 of the Code of Federal Regulations (CFR). [1,]

• The National Historic Preservation Act and other laws require federal agencies to address the effects actions that might harm Native American historic sites, including traditional cultural landscapes. 
• The Native American Graves Protection and Repatriation Act and National Museum of the American Indian Act govern the finding of human remains, funerary objects, and cultural items and protect specific known burial grounds. 
• Protections available under the Archaeological Resources Protection Act, the Antiquities Act of 1906, and other permitting and enforcement laws need to be complied with before construction on a known site of multiple Native American burial remains can begin. 
• Tribal consultation is mandated in all such cases, which means the Paiute Indian Tribe of Utah would need to be consulted, rather than the three Shivwits Band Council Members who've unilaterally ejected the PITU-confirmed Chairman of the band, refused to reinstate him per Tribe instructions, and attempted to secede from their own federally recognized tribe. The currently composed Shivwits Band Council, having self-elected their own faux chairperson and rejected valid petitions by 74% of voters for her recall, is a manifestly illegitimate body. The currently composed Shivwits Band Council does not have federal standing or authority and is not recognized as an individual Tribe by the US Government. 
• Any of Reef's agreements with this illegitimate band council are an arguably voidable contract, as are all past development agreements signed by any formal leader who may have been under the influence and/or lacking mental capacity during tenure as chairperson and when agreements were signed. Further, development agreements signed prior to a federally required vote of Shivwits Members, which has still not occurred, are also null and void.
•  The Paiute Indian Tribe of Utah/PITU (Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes) is listed as a whole and is composed of five constituent bands. The Tribe is recognized by and eligible to receive services from the United States Bureau of Indian Affairs. None are independent Tribes of their own, each is a component or constituent part of the Paiute Indian Tribe of Utah and bound by the Tribes' bylaws and constitution. 
• Any consultation with the federal government, the Bureau of Indian Affairs, the Department of Agriculture, or Utah State officials regarding construction on the Shivwits Reservation where there are likely burial remains or cultural artifacts must include the legitimate, validly elected, and PITU approved Shivwits Band Council Chairman Phillip Bushhead and The Piute Indian Tribe of Utah Council. 

Even an intense archeological survey, conducted independently with consultation by the PITU (and not the illegitimately composed Shivwits Band Council), would not address the moral injury from sacred land desecration, environmental destruction, and the possible permanent erasure of sacred cultural heritage the Shivwits people would endure should Reef Capital/Black Desert be allowed to build on the hallowed lands at the foot of the Sacred Red Mountain.