National Archives Puts Out “100 Milestone Documents” List
http://www.ourdocuments.gov/content.php?page=milestone
The NARA has put out a 100 Milestone Documents list; and it is a very interesting read.
Here’s the list:
- Lee Resolution (1776)
- Declaration of Independence (1776)
- Articles of Confederation (1777)
- Treaty of Alliance with France (1778)
- Original Design of the Great Seal of the United States (1782)
- Treaty of Paris (1783)
- Virginia Plan (1787)
- Northwest Ordinance (1787)
- Constitution of the United States (1787)
- Federalist Papers, No. 10 & No. 51 (1787-1788)
- President George Washington’s First Inaugural Speech (1789)
- Federal Judiciary Act (1789)
- Bill of Rights (1791)
- Patent for Cotton Gin (1794)
- President George Washington’s Farewell Address (1796)
- Alien and Sedition Acts (1798)
- Jefferson’s Secret Message to Congress Regarding the Lewis & Clark Expedition (1803)
- Louisiana Purchase Treaty (1803)
- Marbury v. Madison (1803)
- Treaty of Ghent (1814)
- McCulloch v. Maryland (1819)
- Missouri Compromise (1820)
- Monroe Doctrine (1823)
- Gibbons v. Ogden (1824)
- President Andrew Jackson’s Message to Congress ‘On Indian Removal’ (1830)
- Treaty of Guadalupe Hidalgo (1848)
- Compromise of 1850 (1850)
- Kansas-Nebraska Act (1854)
- Dred Scott v. Sanford (1857)
- Telegram Announcing the Surrender of Fort Sumter (1861)
- Homestead Act (1862)
- Pacific Railway Act (1862)
- Morrill Act (1862)
- Emancipation Proclamation (1863)
- War Department General Order 143: Creation of the U.S. Colored Troops (1863)
- Gettysburg Address (1863)
- Wade-Davis Bill (1864)
- President Abraham Lincoln’s Second Inaugural Address (1865)
- Articles of Agreement Relating to the Surrender of the Army of Northern Virginia (1865)
- 13th Amendment to the U.S. Constitution: Abolition of Slavery (1865)
- Check for the Purchase of Alaska (1868)
- Treaty of Fort Laramie (1868)
- 14th Amendment to the U.S. Constitution: Civil Rights (1868)
- 15th Amendment to the U.S. Constitution: Voting Rights (1870)
- Act Establishing Yellowstone National Park (1872)
- Thomas Edison’s Patent Application for the Light Bulb (1880)
- Chinese Exclusion Act (1882)
- Pendleton Act (1883)
- Interstate Commerce Act (1887)
- Dawes Act (1887)
- Sherman Anti-Trust Act (1890)
- Plessy v. Ferguson (1896)
- De Lôme Letter (1898)
- Joint Resolution to Provide for Annexing the Hawaiian Islands to the United States (1898)
- Platt Amendment (1903)
- Theodore Roosevelt’s Corollary to the Monroe Doctrine (1905)
- 16th Amendment to the U.S. Constitution: Federal Income Tax (1913)
- 17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913)
- Keating-Owen Child Labor Act of 1916 (1916)
- Zimmermann Telegram (1917)
- Joint Address to Congress Leading to a Declaration of War Against Germany (1917)
- President Woodrow Wilson’s 14 Points (1918)
- 19th Amendment to the U.S. Constitution: Women’s Right to Vote (1920)
- Boulder Canyon Project Act (1928)
- Tennessee Valley Authority Act (1933)
- National Industrial Recovery Act (1933)
- National Labor Relations Act (1935)
- Social Security Act (1935)
- President Franklin Roosevelt’s Radio Address unveiling the second half of the New Deal (1936)
- President Franklin Roosevelt’s Annual Message (Four Freedoms) to Congress (1941)
- Lend-Lease Act (1941)
- Executive Order 8802: Prohibition of Discrimination in the Defense Industry (1941)
- Joint Address to Congress Leading to a Declaration of War Against Japan (1941)
- Executive Order 9066: Resulting in the Relocation of Japanese (1942)
- General Dwight D. Eisenhower’s Order of the Day (1944)
- Servicemen’s Readjustment Act (1944)
- Manhattan Project Notebook (1945)
- Surrender of Germany (1945)
- United Nations Charter (1945)
- Surrender of Japan (1945)
- Truman Doctrine (1947)
- Marshall Plan (1948)
- Press Release Announcing U.S. Recognition of Israel (1948)
- Executive Order 9981: Desegregation of the Armed Forces (1948)
- Armistice Agreement for the Restoration of the South Korean State (1953)
- Senate Resolution 301: Censure of Senator Joseph McCarthy (1954)
- Brown v. Board of Education (1954)
- National Interstate and Defense Highways Act (1956)
- Executive Order 10730: Desegregation of Central High School (1957)
- President Dwight D. Eisenhower’s Farewell Address (1961)
- President John F. Kennedy’s Inaugural Address (1961)
- Executive Order 10924: Establishment of the Peace Corps. (1961)
- Transcript of John Glenn’s Official Communication with the Command Center (1962)
- Aerial Photograph of Missiles in Cuba (1962)
- Test Ban Treaty (1963)
- Official Program for the March on Washington (1963)
- Civil Rights Act (1964)
- Tonkin Gulf Resolution (1964)
- Social Security Act Amendments (1965)
- Voting Rights Act (1965)

NPS Announces Public Scoping Meeting Dates to discuss the Merced River Plan
Hello all,
The National Park Service has disclosed its meeting locations for public comments on the Merced River Plan. LINK: http://www.nps.gov/yose/parkmgmt/mrpworkshops.htm
Public Scoping Meeting Schedule
All times 4–8 p.m., except the Yosemite Valley Open Houses
| Date | Location | Address |
| Mon., Oct. 26 | Masonic Lodge | Hwy 49, Oakhurst |
| Tues., Oct. 27 | Mono Basin Visitor Center | Mono Basin Visitor Center, Lee Vining |
| Wed., Oct. 28 | Yosemite Valley | Auditorium—Open House (1–4 p.m.) |
| Mon., Nov. 2 | Mariposa Government Center | 5100 Bullion St., Mariposa, CA 95338 (2nd Floor) |
| Tues., Nov. 3 | Fresno REI | 7810 N. Blackstone Ave. Fresno, CA 93720 |
| Wed., Nov. 4 | Groveland | Groveland Community Hall |
| Mon., Nov. 9 | Sacramento Southside Clubhouse | 2051 6th Street, Sacramento, CA 95814 |
| Tues., Nov. 10 | Doubletree Conference Center at Berkeley Marina | Doubletree Hotel & Executive Meeting Center Berkeley-Marina 200 Marina Blvd., Berkeley CA 94710 |
| Mon., Nov. 16 | LA River Center | 570 West Avenue 26, L.A. |
| Wed., Dec. 2 | Yosemite Valley | Auditorium—Open House (1–4 p.m.) |
Legality of Tribal Disenrollment Articles Now in One Download
Hey everyone,
I’ve finally gotten around to collecting all the articles I’ve written on disenrollment into one PDF document.
It is available for download here: TribalDisenrollments.pdf
Took me long enough, right? Thanks for your patience!
Friends of Yosemite Litigation Ends in Settlement
From the National Park Service’s Yosemite page:
The Friends of Yosemite Valley (FOYV), Mariposans for the Environment and Responsible Government (MERG), and the Department of the Interior /National Park Service (NPS), Yosemite National Park jointly announce the completion of a formal Settlement Agreement in the lawsuits concerning the Merced Wild and Scenic River Comprehensive Management Plan (CMP). The settlement resolves litigation on Merced River planning begun in 2000, and also resolves the complaint challenging the Yosemite Valley Plan. The parties to the litigation are pleased to have come to a final agreement. Yosemite National Park – Yosemite Merced River Litigation Settled After 10 Years (U.S. National Park Service), http://www.nps.gov/yose/parknews/mrpsettlement.htm (last visited Sep. 30, 2009).
The summary of the Settlement Agreement:
- Initiates a new process for the creation of a Merced River Plan, pursuant to the Wild and Scenic Rivers Act (WSRA)
- Provides guidance on procedures, process, and content for a new Merced River Plan
- Rescinds the Yosemite Valley Plan
- Rescinds plans for Yosemite Lodge, Curry Village, Valley Campgrounds
- Begins a new public dialogue on the question of user capacity
- Encourages ongoing maintenance and safety activities
Looking at the settlement agreement (found here, on MRP Litigation page), I pulled some items of interest:
Merced Wild & Scenic River Comprehensive Management Plan:
- The Settling Parties, Friends of Yosemite Valley, et. al.; and the Secretary of Interior; and their undersigned attorneys, have agreed to create a new Comprehensive Management Plan and Record of Decision by December 2012; and a Public Scoping to begin in March 2010.
- Procedurally speaking, the Settling Parties have decided that three user capacity experts will work the lead project manager to assist in the new CMP’s development. Specifically, the expert assistance will aid in: defining the Outstandingly Remarkable Values (ORV) of the Merced River; participate in meetings and workshops that discuss the new CMP; and contributing to the draft and final Environmental Impact Statement.
- Before “the draft EIS, the NPS will provide one or more public workshops to consult with individual experts and representatives from academic institutions, tribal governments and local, state and federal government agencies on protecting and enhancing ORVs. Through these public workshops, NPS will gather information and advice relevant to ORVs from these experts and other individuals identified by Plaintiffs, within their individual areas of expertise.”
- The NPS is will implement an “extensive, frequent, and robust public involvement process in an effort to give all interested parties access to the planning process.” Examples of this “robust public involvement process” will include: open forum, public / agency panel discussions, public workshops, small group meetings, meetings dealing with specific topics, and other types of meetings in order to obtain the broadest possible amount of public input on the CMP.” Additionally, each Plaintiff will, in good faith, send a representative from each party to attend public meetings; and will participate in the public scoping process by submitting written comments.
- Some elements of the 2005 Revised Wild & Scenic River CMP will be used in creating this new CMP, but are limited to: Boundaries, Classifications, and Section WSRA Determination Process. Furthermore, the parties agree not to litigate these items when they appear in the 2012 CMP.
- The 2012 CMP shall include new sections that are the subject of this settlement agreement: User Capacity and Outstandingly Remarkable Values (ORVs)
Yosemite Valley Plan & Other Projects:
- Yosemite Valley Plan (YVP) Environmental Impact Statement (EIS) and Record of Decision (ROD) are RESCINDED, with the exception of certain projects. Some projects that are rescinded because of their reliance on the YVP EIS and Finding of No Significant Impact statements (FONSIs) shall continue in a limited form. (Ex. Curry Village/East Valley Campgrounds will still go ahead with planned removal of 108 visitor tents, and 40 employee tents.)
- Projects that relied on YVP EIS and ROD, and are now complete shall not be rescinded. Among these projects are: 1) Yosemite Falls Area Plan implementation; 2) El Portal Resources Management and Science Building installation; and 3) Installation of Valley-wide interpretative exhibits (how many of these pertain to Native American subject matter is not known).
Maintenance & Operational Activities:
- “Within the Merced River corridor the NPS may conduct operations and maintenance activities, correct accessibility deficiencies, and carry out all other activities necessary to address the daily, routine, and intermittent operational requirements of Yosemite National Park, as long as such operations and activities will not influence or predetermine the NPS analysis of user capacity, including the types, levels and location of uses, and are in full compliance with NEPA.” The NPS will construct no new roads, trails, parking spaces or bridges; nor will they pave existing ones.
- As for trail maintenance, the NPS is allowed to conduct these operations to maintain status quo, or specifically, to keep maintaining the trails in this area how they have been maintaining them for the past three years.
- Repair work limited to improving accessibility for the handicapped.
- Any other work or maintenance outside of these areas will require prior notice to Plaintiffs who, if necessary, will then enter court supervised mediation to dispute the work.
Attorneys Fees & Costs of Litigation:
- The Secretary of Interior will pay $1,025,000.00 to the Plaintiffs.
So ends another chapter in the litigation drama surrounding Yosemite. Some quotes:
“With this Settlement complete, the National Park Service is looking to the future and will move forward with preparing a new CMP that will continue to protect and enhance the Merced River for the enjoyment of future generations” stated Acting Superintendent Dave Uberuaga.
“We now have a new opportunity to bring people together, to finally discuss how to optimize a natural Yosemite experience for the most people possible, while recognizing that Yosemite is finite” said Greg Adair, Director of Friends of Yosemite Valley. “This took a decade of hard work, really. We’re grateful to the Courts, and Magistrate Judge Snyder for making this possible” continued Adair. Yosemite National Park – Yosemite Merced River Litigation Settled After 10 Years (U.S. National Park Service), http://www.nps.gov/yose/parknews/mrpsettlement.htm (last visited Sep. 30, 2009).
Now if we can only do something about the legally deficient Indian consultation procedures that are going to find their into this new CMP…
Inside the Actor’s Studio Questions
What is your favorite word?
Latin concept: Dignitas
What is your least favorite word?
Self-Pity (I think hyphenating it makes it one word, I’m not sure).
What turns you on creatively, spiritually or emotionally?
Being around people that are ambitious, not for personal wealth although that may be an outgrowth of the goal one is trying to reach, but being ambitious to live life, to make something out of yourself, to lead a good life. I’m also into big ideas and everything it takes to foster and create such ideas; something as simple as a nice conversation with someone or reading an amazing book.
What turns you off creatively, spiritually or emotionally?
I cannot stand to be around people who think the highest education they will ever attain in life is their high school diploma. I also can’t stand people who have two or three college degrees with several minors and can’t find a steady job. I truly hate it when I hear someone say “I don’t give a fuck” when it came to something like education, politics, national security, or life in general and truly mean it. I once heard someone say “I don’t like to think too much” and I had to fight to contain my anger.
What sound or noise do you love?
[Classified]
What sound or noise do you hate?
Loud cars and loud people. All it shows is how insecure you are.
Oh, and car alarms.
Oh, and the “pfft” sound a car makes when its driver hits “the switches.” I’m like, ok buddy, way to make an investment…
What is your favorite curse word?
Shit!
What profession other than your own would you like to attempt?
Screenwriter.
What profession would you not like to do?
Go into teaching. Not because it’s a bad profession but because I don’t think I have the patience for it.
If Heaven exists, what would you like to hear God say when you arrive at the Pearly Gates?
“You may have never said all the things I wanted you to say, you may have never thought of the things I wanted you to think of, you may have never done all of the things I wanted you to do, but your faith in me meant more than any precious metal in the world, you never ran away from the challenges I gave you, you never were too proud to not seek help, you kept my promises in your mind when life took bad turns, and you never stopped believing. You were not perfect and you weren’t always obedient; you always thought you could do things your own way and not mine, but you knew when to put aside your ego and seek my face. You never gave up. You always asked for forgiveness…and you are forgiven.
Welcome.”
Coming up for air
Okay, so summer is largely over which I find awesome because I hate summer in Fresno. Spending my days cooped up in the house researching my law review article seem like a distant, air-conditioned, memory… Spending them in the SJCL library and Room 213 pouring over research for my moot court brief were cool too. The SJCL proctors like to keep that place like a freezer which is fine by me because stepping outside the building is like walking into Death Valley. Oh, yeah, I’m still working at my awesome job, the United States Attorneys’ Office. However, the air conditioner is either busted or set to such a high temperature that it rarely kicks on.
So, I’ve noticed that I haven’t posted anything in a while, but I think you know why. I’m proud to say that I have completed the first draft of my law review article. My law review is an agricultural law journal, specifically the San Joaquin Agricultural Law Review, so my article combines two areas of the law: agricultural terrorism and federal Indian law. Sound like polar opposite subjects doesn’t it? Well, when (and if) my article goes into publication I’ll let you know how I pulled them together.
Aside from law review, I’ve been reading for class which has now started again. The line up thus far is: evidence, law practice management, wills & trusts, and constitutional law. Some classes I like more than others. Con law, in particular, I like because as a former history major I get a kick recognizing all the historical background behind every monumental case (Marbury, Plessy, Youngstown Steel, the Gitmo cases, i.e. Hamdi, Hamdan, Boumedeine, and Rasul).
I got to see San Diego again over the summer which I truly enjoyed on so many levels. I love the city, I love its night life, I love its energy, its character and its weather (75 degrees the whole time, baby).
Nothing much else to say except I’m coming up for air before I dive back into school again, so I thought I’d take some time out of my Labor Day weekend to ramble on about the good life. See you soon!
My Comment Concerning the Draft Environmental Impact Statement for the Environmental Educational Campus in Yosemite
Hey all,
Aside from working on my law review outline and working 40 hours a week at the U.S. Attorneys Office, I’ve been slaving away on my lunch breaks working on this comment. The due date was this past Wednesday.
What was originally intended to be only five to seven pages ended up being twenty! I’m very curious to know how my comment will be reviewed by the National Park Service. I gave it a quick once-over around 12:02 a.m. that Wednesday morning as I wanted to have it all done on Wednesday, the day it was due. I hope my research was thorough enough, my arguments persuasive, firm yet professional, and, hopefully, constructive.
I believe this issue is of importance to any lineal descendant of Chief Tenaya or the Yosemite Indian community. The NPS preferred alternative for this plan was to demolish the dilapidated environmental educational campus jointly run by the NPS and Yosemite Institute at Crane Flat. Alternative 3 (the preferred alternative) would have the Henness Ridge area (site plan, PDF) torn apart to make way for the new campus. Alternative 2 (the alternative I reluctantly support) would keep Henness Ridge intact and update the existing structures at Crane Flat to bring them up to modern building standards and expand them to house more students.
My biggest concern are the Indian remains that may be housed underneath Henness Ridge and their unearthal by construction crews. Neither the NPS nor myself know for sure what is below the ground, however the NPS knows that the area was once used as a trade route by my people. It’s a logical conclusion that Indians may have been buried there given Yosemite’s historical use as a once-great nation and gathering area. My ancestors are entitled to their proper resting place, especially those who have been dug by park archeologists for the past 50+ years.
Furthermore, the consultation process with park-affiliated tribes is deficient because at least one of the so-called “tribes” isn’t a tribe at all. Technically, I have just as much standing to be a part of park-sanctioned consultation processes as this particular non-profit is concerned but the NPS thinks it can do whatever it wants.
My comment is available for you to download here: Comment re Environmental Campus Draft EIS
General info about the EEC: http://www.nps.gov/yose/parkmgmt/eecampus.htm
Been Busy Lately
Hey all,
I’m happy to report that summer school is over and I’m currently (and happily) putting together my law review article.
My time has once again been limited, not just by law review, but also because I have landed a new job. I’m currently working as a volunteer law clerk for the United States Attorney’s Office downtown. It’s an awesome job as I get to write and research all day. The atmosphere is real chill and relaxing; I’m very lucky to be working around a lot of great people.
See you soon!
Important Items Concerning Lineal Descendants of Yosemite Indians
The National Park Service is gearing up for two major construction projects: 1) the Yosemite Institute’s Environmental Education Campus at Crane Flat; and 2) several projects pertaining to the Merced River Plan CMP.
New Merced Wild and Scenic River Comprehensive Management Plan – Notice of Intent To Prepare Environmental Impact Statement
To see the full online announcement from the Federal Register: http://edocket.access.gpo.gov/2009/E9-15429.htm
A quick background: The National Park Service put forward several construction projects under its Merced Wild & Scenic River Plan, which included the 30 year old (and abandoned) El Portal Wastewater Treatment Facility. The plan called for the demolition of the building and re-vegetation of the soil. However, invasive ground work would have been done to the area which is known to house Indian remains over 9,500 years old. Two cases in the 9th Circuit, Friends of Yosemite Valley v. Kempthorne (464 F.Supp.2d 993) (Kempthorne I) and Kempthorne II (520 F.3d 1024), placed an injunction against the National Park Service for failing to provide a comprehensive managment plan.
Now:
Pursuant to the National Environmental Policy Act (Pub. L. 91-190) and the Wild and Scenic Rivers Act (Pub. L. 90-542), the National Park Service is reopening public scoping for planning and environmental impact analysis for a new Merced Wild and Scenic River Comprehensive Management Plan and Environmental Impact Statement (NMRP/ EIS) in Yosemite National Park.
In response to the litigation:
Consequently the NPS is reopening public scoping for the NMRP/EIS so as to provide additional opportunity for public involvement in developing a new plan . . . Broad participation of interested individuals and organizations is important to the planning and analysis process . . . Dates, times, specific locations, and additional information will be released through regional and local news sources, and updates will be posted at www.nps.gov/yose/planning/mrp.
The NPS is seeking YOUR opinion concerning this project:
In addition, updates regarding future public involvement opportunities, including workshops for alternatives formulation and later release of the draft NRMP/EIS for public review, will be similarly announced in regional news media and on the park’s Web site, and through direct mailings. Written comments should be addressed to the Superintendent, Attn: Merced River Plan, Yosemite National Park, PO Box 577, Yosemite National Park, CA 95389, or faxed to (209) 379-1294, and must be postmarked or transmitted not later than 60 days from the publication date of this NOI in the Federal Register (immediately upon confirmation of this date it will be posted on the park’s Web site and announced via local and regional press). Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment–including your personal identifying information- -may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so.
One of the reasons cited by Kempthorne I in granting injunctive relief to the plaintiffs was the NPS’ failure to properly consult with the lineal descendents of the Yosemite Indian community. (Kempthorne I at 1008.) If you are such a descendent then now is your time to be heard.
Yosemite Institute’s Environmental Education Campus at Crane Flat; Comments on Draft Environmental Impact Statement
Links to all pertinent documents including the DEIS: http://www.nps.gov/yose/parkmgmt/eecampus.htm
The NPS has submitted a Draft Environmental Impact Statement concerning the Yosemite Institute’s Environmental Education Campus at Crane Flat. It’s preferred plan is to demolish it and build a new one at Henness Ridge which is untouched by any development. It’s other alternative is to keep the Crane Flat campus but give it a much needed facelift and bring it into compliance with ADA. Public comments are now being solicited.
I do not support Alternative 3 (the agency preferred alternative) which would demolish the campus at Crane Flat, but also dig up scenic wilderness at Henness Ridge which could unearth American Indian remains.
Also, the Draft EIS has stated that although the Henness Ridge area (the site of the new campus under alternative 3) was used by Indians as a trade route the language of the EIS states that no American Indian cultural items will be found there. This flies in the face of common sense.
I am concerned over the potential impact on American Indian artifacts this plan may cause and am writing a letter opposing Alternative 3. If you are concerned about the disruption or disturbance of these artifacts then you should reply to the Superintendent at this address:
Superintendent, Yosemite National Park
ATTN: Yosemite Insitute EEC DEIS
P.O. Box 577
Yosemite, CA 95389
FAX: 209-379-1294
Email: Yose_Planning@ nps.gov
Phone: 209-379-1365
Any reply from you on this matter would be greatly appreciated. You have until July 15th to get your comment in.
Relevant Pages from the DEIS:
* iv (Overview of alternatives)
* 1-8 (Purpose & Need, Relationship to Laws, Executive Orders, Policies and Other Plans)
* I-15 (Purpose & Need, overview of NAGPRA and AIRFA)
* 3-109 (Affected Environment & Environmental Consequences – American Indian Traditional Cultural Properties),
* 4-3 (Consultation & Coordination – American Indian Consultation)