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Home Working with Section 106 ACHP Case Digest Summer 2003 Nevada: Preservation of Cave Rock,
Lake Tahoe
Closed Case:
Nevada:
Preservation of Cave Rock, Lake Tahoe
Agency: U.S. Forest Service
As reported
in the Winter 2003 Case Digest, the Forest Service proposed
banning rock climbing at Cave Rock, the neck of an extinct volcano
at Lake Tahoe, Nevada, that is eligible for the National Register
in part due to its cultural significance to the Washoe Indian Tribe.
The rock climbing community values Cave Rock for its high level
of difficulty, and some oppose the ban as unfairly singling out
rock climbers.
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After six years of consulting with stakeholders, receiving 1,400 comments
from the public and others, and nearly terminating consultation with the
ACHP, the Forest Service issued a record of decision prohibiting all rock
climbing on Cave Rock.
Cave Rock, Lake Tahoe, NV (photo USFS)
The decision will provide for maximum protection of the historic and
heritage resources inherent at Cave Rock, and will not adversely affect
the historic property. It is based on the agencys desire to protect
the historic values associated with Cave Rock as it existed before 1965
when Washoe shaman Henry Rupert practiced religious rituals at the site.
The Forest Services decision does not prohibit public activities
such as hiking and picnicking because those activities existed prior to
1965 and do not diminish the integrity of Cave Rock as a historic property.
Sport climbing at Cave Rock, however, began in the 1980s and is considered
offensive to Washoe traditional practitioners.
The ACHP had entered consultation in 1999, and met with the Forest Service,
a Department of Justice mediator, and the other consulting parties. The
ACHP argued that protecting the qualities that give Cave Rock its historic
significance would not violate the First Amendment, as it would not advance
religion, nor create a religious place where it did not already exist.
Rather, ACHP held that the primary purpose of prohibiting climbing would
be to protect the integrity of a historic property.
The rock climbing community is expected to appeal the decision, which
it sees as unfairly singling out rock climbers. For background information
on this case, see the Winter 2003 Case Digest at www.achp.gov/casedigest.html.
Staff contact: Carol Legard
Updated
November 20, 2003
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