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Lyng V Northwest Indian Cemetery Protective Association (1988)
25 Years Later
Friday November 8, 2013
UC Davis Law School - King Hall
Room 2303

Directions to King Hall
In 1988 the Lyng v Northwest Indian Cemetery Association case made headlines in national and international arenas as several tribes protested the building of a road between Gasquet and Orleans in Northern California. The US Forest Service had proposed the building of a road that would run through the Six Rivers National Forest in Northern California through what Native tribes in the area call the “high country.” The sacred spaces, geological and ecological formations and numerous resources required in the practice of traditional ceremonies were of little concern to the Forest Service and in a five to three decision the Supreme Court sided with the Forest Service’s right to build the road. The case highlighted the colonial based legal fictions of the US Supreme Court and Federal Indian Law. It demonstrated the precarious nature of sacred site protection, the free exercise of religion and the First Amendment, and also the continued challenges to Native American culture and sovereignty. The issues with the G-O Road were ultimately settled legislatively, although it required that the area be declared “wilderness” so that it could be included in the Smith River Protection Act (1990).

2013 marks Twenty-five years after the Supreme Court case and the lasting impact of this decision is reflected in numerous citations in scholarship, law, art, research and legislation. There still exists no constitutional protection for Native religion according to the interpretation of this case. There are still consistent fights to protect the use and stewardship relationship of Native peoples to sacred places on public lands. And there is also a deep, lasting inspiration from the activism of Lyng that motivates new and future generations.

This one day symposium at the University of California Davis will explore the past, present and future of the Lyng case – twenty-five years later. Throughout the day long symposium we will welcome presentations about current explorations and applications of the Lyng Case across disciplines, areas of research and legal/political arenas.
We are excited to also welcome keynote speaker Chris Peters (Pohlik-lah/ Karuk) who was one of the Plaintiffs in the case together with the Northwest Indian Cemetery Protective Association. The symposium will also feature a keynote panel of speakers during the lunch session which will include Julian Lang (Karuk) who was a part of the protests and activism taking place at the G-O road; Joy Sundberg (Yurok) who was on the board of the Northwest Indian Cemetery Protection Association, and Dorthea Theodoratus one of the authors of the comprehensive study to provide definitive information on the impact that the Forest Service's actions would have on Native American religious culture in high country. This study was completed in April 1979 and was titled "Cultural Resources of the Chimney Rock Section, Gasquet-Orleans Road, Six Rivers National Forest."
Finally, the symposium will also feature a roundtable discussion session that will explore Lyng - Where do we go from here? The next 25 years and beyond. This discussion will feature Tia Oros Peters (Zuni), Chief Caleen Sisk (Winnemem Wintu) and Rachel Sundberg (Ner-er-ner/Pu-lik-lah) and will give the symposium audience an opportunity to engage with the current issues affecting Native communities stemming from the Lyng case.

Please plan to attend the event! Registration is free and open to the public. To register please fill out the registration form. Thank you and looking forward to seeing you.

Schedule
November 8, 2013
UC Davis School of Law - King Hall
Room 2303

8:30 a.m. - 9:00 a.m.

Registration & Light Breakfast

9:00 a.m. - 9:30 a.m.

Welcome & Opening Remarks
  • Professor Beth Rose Middleton (Symposium Committee) 
  • Professor Steve Crum (Native American Studies, Chair)
  • Professor Katherine Florey (UC Davis Law School)

9:30 a.m. - 10:00 a.m.

Keynote Speaker
  • Chris Peters (Pohlik-lah/ Karuk)- CEO Seventh Generation Fund

10:00 a.m. - 12:30 p.m.

  •  10:00 - 10:30 a.m.: "Challenging the Conqueror: Tracing Indian activism and memory through Lyng v. Northwest Indian Cemetery Protective Association" ---  Brittani Orona (Sacramento State) 

  • 10:30 - 11:00 a.m: "Criminalizing Tradition in Native California" --- Stephanie Lumsden (UC Davis)  

  • 11:00 - 11:30 a.m: "We Fought For Things That Were Right: The Role of NICPA in the Struggle to Stop Grave Looting and Protect Native Cultural Rights" --- Tony Platt (San Jose State University)

  • 11:30 - 12:00: "Dialectical Lessons in American Constitutionalism: The Rocky Battle for Rights after Legal Defeat" --- Paul Baumgardner (Princeton University) 

  • 12:00 - 12:30: "Roads to Change: Evaluating Cultural Resource Management Policy to Identify Improvements needed in Consultation and Compliance Regulations" --- Gregory R. Burns (UC Davis) and Susan D. Talcott (UC Davis)

12:30 p.m.- 1:00 p.m.

Lunch

1:00 p.m. - 2:00 p.m.

Keynote Panel: On The Front Lines- Remembering Lyng v. Northwest Indian Cemetery Protective Association
  • Julian Lang (Karuk)
  • Joy Sundberg (Yurok) 
  • Dorothea Theodoratus, PhD

2:15 - 3:15 p.m.

Roundtable Discussion: Lyng - Where do we go from here? The next 25 years and beyond.
  • Tia Oros Peters (Zuni) - Executive Director, Seventh Generation Fund for Indigenous Peoples, Inc.
  • Chief Caleen Sisk (Winnemem Wintu) - Winnemem Wintu Tribe
  • Rachel Sundberg(Ner-er-ner/Pu-lik-lah) - Tribal Historic Preservation Officer/Cultural Resources

3:15 p.m. - 3:30 p.m.

Closing 
  • Cutcha Risling Baldy (Symposium Committee)

Symposium Committee: 
Dr. Beth Rose Middleton (Native American Studies)
Cutcha Risling Baldy (PhD Candidate- Native American Studies)
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Sources/ History

Lyng v Northwest Indian Cemetary Association Oral Argument (LISTEN HERE)
Supreme Court Opinion (READ HERE)

Thank You Sponsors!

UC Davis Provost and Executive Vice Chancellor  Ralph J. Hexter

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