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Environmentalists,
Cherokee square off over land swap
By
Don Hendershot
Scoping
comments will be accepted until Feb. 28.
Comment by email to NPSlandexchange@saic.com
Call 888.820.3644
Fax 888.820.3643
Mail to Anita Jackson, Environmental Compliance Specialist,
Department of Interior National Park Service, 100 Alabama Street SW,
Atlanta, GA 30303.
Draft Environmental Impact Statement, August 2002.
Public comment on draft EIS, fall 2002
Final EIS, December 2002
Record of Decision, a minimum of 30 days after final EIS is
published.
It was past 10 p.m. on the third and last night of a series of often
intense public scoping meetings. Cherokee Tribal Council member Brenda
Norville sat down at the microphone at the comment table.
Its getting late, Im getting tired and maybe thats
why Im getting angry. Im sorry, but Im angry. Ive
been sitting next to a couple of people, and when people from my tribe
come down here to support this land swap, they snicker and roll their
eyes. I have heard other people who oppose this swap call us a special-interest
group. Were not a special interest group, were the Cherokee
Nation. And we had this white man stand up with a map of our reservation
and point to our property and tell us what we could do with it. Those
days are over.
The public meetings in Cherokee, Knoxville and Asheville last week
were conducted by the National Park Service to gather public comments
regarding a proposed land swap between the Eastern Band of Cherokee
Indians and the Great Smoky Moun-tains National Park. The tribe has
petitioned the NPS to exchange a 168-acres tract along Big Cove Road
(near the intersection of the Blue Ridge Parkway and U.S. 441) known
as the Ravensford tract (to be used for tribal schools) for 218 acres
across the Blue Ridge Parkway from the Waterrock Knob Visitor Center.
Apples and Oranges
At the Feb. 12 meeting in Cherokee, one opponent of the swap said
comparing the two parcels was like comparing apples to oranges
because the two tracts have different geological, biological and
ecological traits. But the same physical and natural resource components
of both tracts are what will be studied and compared.
However, apples and oranges will be compared. NPS Associate Regional
Director John Yancy pointed out that the NPS must weigh the socio-economic
and cultural ramifications of the proposed swap as well as the ecological,
legal and environmental issues. Natural resources versus human resources;
apples and oranges for sure.
Legal questions
Many opponents questioned the legal authority of the NPS to exchange
land.
Bob McCollum, chairman of the North Carolina Parks and Parkways
Commission, asked about the legality of the federal government exchanging
lands the state of North Carolina had acquired through condemnation
proceedings.
Greg Kidd of the National Parks Conservation Association, in his
comments during the Knoxville meeting on Feb. 13, stated that the
land exchange as proposed violates federal law. Kidd said he felt
certain if the NPS approved the swap, lawsuits would be filed.
Weve fired a shot across the bow of the Park Service,
Kidd said.
Other opponents of the swap feel the Cherokee didnt go through
proper channels be-cause they by-passed the Great Smoky Mountains
National Park and went straight to NPS officials in Washington.
James Bird, tribal cultural officer for the EBCI, said the tribe
was simply following proper protocol.
The tribe negotiates with the federal government on a nation
to nation basis. We are in compliance with all government regulations
involving these proceedings, Bird said.
Throughout the public hearings, a steady stream of land swap opponents
complained that the GSMNP had been placed under a gag order regarding
the proposed exchange.
GSMNP Superintendent Mike Tollef-son was blunt when asked about
that charge. He pointed to the tables set out with literature detailing
studies conducted on the Ravensford site and the Blue Ridge Parkway
site, literature explaining the scoping process and handouts discussing
the legal aspects of the proposed swap.
If there was a gag order none of that information would be
down there.
Tollefson said park service personnel were free to comment personally
just like any private citizen. Bob Miller, GSMNP spokesman, said
park service officials could talk about the process and discuss
information and resources, but that as an entity the National
Park Service doesnt have an official position.
Perspectives and prejudices
Comments from Ted Snyder of the Sierra Club and others that the
GSMNP was not meant to be a land bank for park neighbors
drew quick response from tribal officials. Tribal Council Chairman
Bob Blankenship said, I am appalled to hear people say that
the national park is not a land bank. The Cherokee have been a land
bank for the United States for many years. Every now and then someone
should have paid some interest on the note. We say, the note is
now due and payable in full.
Some say past transgressions against the Cherokee have no place
in this discussion. Thats a moot point, they argue. But the
tribe is not alone in playing the wronged card.
Many comments against the exchange cited the fact that the Ravensford
settlement was condemned. Nesta Burke said it was a hardship on
her family to give up their land in Ravensford, and if the swap
goes through, their sacrifice will be in vain.
Cultural Differences
No one denies the need or opposes new schools for Cherokee students.
Many, though, feel the tribe has the resources to locate the schools
somewhere other than Ravensford. The tribe says theyve hired
engineers to survey the reservation and there were no suitable sites.
Opponents suggest that if the tribe was not determined to keep all
campuses together, land could be found on the reservation. Some
even suggested it would be better for Cherokee students for the
campuses to be separate.
Myrtle Driver, traditional cultural specialist for the EBCI, said
those people dont understand Cherokee culture. She noted many
Cherokee still live in extended families and that traditional Cherokee
schools were extensions of family.
Public Opinion
Battle lines were pretty well drawn during the three scoping meetings.
Environmental organizations and their representatives clearly opposed
the swap. Tribal officials and enrolled members staunchly supported
it. Probably 95 percent of the comments during the three scoping
meetings were from people from one or the other of these camps.
But where does the general public stand regarding the swap? Most
people we talked to didnt know anything about it. Of six people
who commented on record, five supported the swap — one after
vacillating back and forth — and one thought it was a bad
idea.
Richard Miller said it was a bad deal for the park.
The park is coming out with a net loss of 168 acres. I think
thats a bad deal.
The other respondents; Bob Kimsey, Joe Magalhaes, Jon Bowman, MaryEtta
Burr and Dane Burr supported the exchange as long as the property
was used exclusively for schools.
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