The Madrean Archipelago is a group of sky islands surrounded by a sea of desert grasslands. These sky-islands are located in the confluence of four major bioregions _ the Southern Rocky Mountains, the Northern Sierra Madre mountains, the Sonoran Desert, and the Chihuahuan Desert. Floral and faunal inhabitants of many of the mountains of this area have been isolated from one another for at least eleven thousand years. The processes of evolution during this period of isolation has left a treasure chest of biological diversity, with extraordinary rates of floral and faunal endemism on these mountains. This area also constitutes the historic range of the Chiricahua, Mescalero and the southern bands of the Western Apache (referred to today as the San Carlos Apache).
Located on the northern end of the Archipelago is Mt. Graham, in the Pinaleno Mountains. Mount Graham contains more life zones than any other single mountain in North America, including the southern most spruce-fir forest on the continent. While parts of the Pinaleno mountains have been logged since the turn of the century, the high elevation, old-growth spruce-fir forest survived virtually intact until 1989. This zone houses numerous endemic plant and animal species, and many of the creatures discovered here have never been described or named. Natives dependent on these forests include a number of federally listed Threatened and Endangered species, including the Mt. Graham Red Squirrel, the Mexican Spotted Owl, the Peregrine Falcon, and the Apache Trout, as we Dzil nchaa si an (Big Seated Mountain) _ is revered as a sacred site of tremendous cultural significance as the home of the Ga`an (mountain spirits).
In a move which put politics and delusions of grandeur above protection of biological diversity, the University of Arizona is currently attempting to build an astronomical observatory in the heart of Mount Graham's spruce-fir forest. This observatory project needlessly fragments an extraordinarily unique ecosystem, jeopardizes the continued survival of federally listed endangered species, and desecrates Native American sacred sites.
The Mount Graham Range and connecting lifezones support the densest population of black bear in the Southwest and high densities of mountain lion, threatened Mexican spotted owl, peregrine falcon, threatened goshawk and the endangered Mt. Graham Red Squirrel. The mountain range includes nine perennial streams and three Cienegas (wet Alpine meadows). The mountain rises 7,820 from the desert floor to its boreal forest in an ascent steeper than any other mountain range in North America. Mt. Graham's elevation is 10,720 feet above sea level. Truly a mountain sky island, it is a cradle of isolated evolution ecologically equivalent to the Galapagos islands, but surrounded by desert, rather than ocean.
"We have listened to you tell us Mt. Graham is not sacred. But those who say that do not know, and they have not talked to the spiritual leaders, like myself. ...Nowhere else in this world stands another mountain like the mountain that you are trying to disturb. On this mountain is a great life giving force. You have no knowledge of the place you are about to destroy..." (Apache Survival Coalition, et al. v. USA, CIV. No. 91-1350 PHX WPC, Declaration of Franklin Stanley, Sr. [San Carlos Apache medicine man and spiritual leader] in Support of Preliminary Injunction, March 31, 1992)
"...[I]t is apparent to me, beyond a shadow of a doubt, that Mount Graham, or Dzil nchaa si an, occupies a place of enormous importance in Apache religious belief and practice. ...As a cherished feature of their original homeland, as dwelling place of the supernatural Ga`an, as home to forms of life required for traditional ceremonial activities, as object of personal prayers, and finally as an ancient burial ground, Mount Graham stands as a critical component in the Apache way of life." (Apache Survival Coalition, et al. v. USA, CIV. No. 91-1350 PHX WPC, Declaration of Keith Basso [Dr. Basso is a Professor of Anthropology at the University of New Mexico and is a leading expert on the San Carlos Apache. Dr. Basso has spent 30 years conducting linguistic and ethnographic research with Apache Tribes], in Support of Preliminary Injunction, March 31, 1992)
"...[R]eveal that my study of the Goodwin papers evidence support for the Apache Survival Coalitions claim to the Spiritual significance of Mt. Graham." (Gordon V. Krutz, UA Coordinator of Indian Programs, Field notes #46 for October 30, 1991)
In November 1993 the UA withdrew its request for Owl Peak and asked to move to Emerald Peak or East Emerald Peak (Peak 10,477). In March 1993 when the UA put its request in for site change the USF&W Service stated that a move to East Emerald Peak would require reinitiation of consultation. Yet, on December 1, 1993 the USF&WS and the USFS signed off on the site change to East Emerald Peak, which is out of the area exempt from AICA (the site is also in a different watershed). Both AICA and the Endangered Species Act (ESA) require that new studies be done if the project configuration is moved outside the cluster configuration prescribed by Congress.
On December 3, a letter was sent to several San Carlos Apache people asking for input to the new site change. The letters were sent regular mail and, thus not read until December 6.
On December 6, 1993 (3 days after the letters were sent) the US Forest Service secretly gave permission to cut the trees on East Emerald Peak. Before the sun rose on December 7, 1993, the cutting began. Over 250 trees were cut that day, most of which were ancient old growth.
On May 25, 1994, twenty one environmental groups (the Mount Graham Coalition, Washington, DC, Student Environmental Action Coalition - Southwest Chapter, Tucson, AZ, Defenders of Wildlife, Washington, DC, Friends of the Earth, Washington, DC, Humane Society of the US, Washington, DC, National Audubon Society-Washington, DC, Save America's Forests, Washington, DC, Sierra Club, Washington, DC, Arizona Wildlife Federation, Phoenix, AZ, Biodiversity Legal Foundation, Boulder, CO, Huachuca Audubon Society, Sierra Vista, AZ, Maricopa Audubon Society, Phoenix, AZ, Northern Arizona Audubon Society, Flagstaff, AZ, Prescott Audubon Society, Prescott, AZ, Sky Island Alliance, Tucson, AZ, Southwest Center for Biological Diversity-Phoenix, AZ, Tucson Audubon Society, Tucson, AZ, and Yuma Audubon Society, Yuma, AZ. Several individuals also joined the lawsuit including Roger Featherstone, Tucson, AZ, David Hodges, Tucson, AZ, and Dr. Robin Silver, Phoenix, AZ) filed a federal lawsuit against USF&WS and USFS for the illegal site change and tree cutting.
The case was moved from the US Distric Court in D.C. to the US Distric cout in Tucson, to be heard before Judge Marquez, at the U of A's request. On July 12, Judge Marquez heard oral arguments from U of A lawyers, the Justice Department, and lawyer Eric Glitzenstein for the Environmental Coalition.
Judge Marquez decided that the USFS, USFWS, and the UofA had indeed broken the law when they cut trees outside the congressional approved site. He ruled that the USFS, and the USFWS must go back and do the studies required under the Endangered Species Act, and the National Environmental Policy Act. Rather than proceeding with the studies, the UofA has appealed the decission.
The UofA and governmental agencies claim that the cleared site will have less impact to the MGRS, yet they are not willing to do the required studies to prove it. They claim the studies have already been done, however US Federal Judge Marquez clearly stated that they have not been done, and is asking that the agencies abide by the law.
From January, 1994 to April, 1994 three Universities (University of Toronto, Michigan State, and the University of Pittsburgh) walked away from the negotiating table, refusing to become partners in the project. These withdrawls were mostly a result of hard work by local grassroots organizations, like SEAC, the Mount Graham Coalition, Earth First!, Native American groups, and local alumni.
Currently there is only one US University considering the project. The University of Florida at Gainsville, has asked their governing board for $5 million to invest in the project.
Although UA has claimed for years that Mt. Graham is the best site for astronomy in the continental US, many studies dispute this claim. A National Science Foundation funded study by Roger Lynds & Jean Goad in 1984 titled Observatory Site Reconnaissance ranks Mt. Graham 38th out of 57 sites studied. A Comparison Study of Astronomical Quality of Mt. Graham and Mauna Kea in March, 1987, shows that Mauna Kea is better for astronomy than Mt. Graham. It also says that Mt. Graham (a wet, humid mountain which creates isolated thunderstorms) is only suitable for viewing less than 60 percent of total viewing time. A very recent draft study by two UA Steward Observatory astronomers (Richard Cromwell), written in March 1993, studied six peaks: five on Mt. Graham and an Observatory site on Mt. Hopkins. This study clearly shows that Mt. Hopkins is a better site than any of the Mt. Graham sites, and that UA, in choosing East Emerald Peak, chose the worst site site on the mountain. A 1992 UA study showed the visibility on Emerald Peak will be "unacceptable" and "usable." Mt. Graham is not the world-class astronomy site that UA claims, and which was sold to congress in order to get the exemption.
Recent court rulings look only at the intent of Congress at the moment the law was passed. "Moreover, the process by which Congress reached its decision was less than satisfactory. No committee hearings were held and no committee reports issued ...Regardless of the legality of the Biological Opinion, Congress adopted it and enacted it into law. Whether Congress was acting under a misapprehension of fact or law is irrelevant once legislation has been enacted...." (Mt. Graham Red Squirrel v. Madigan, December 11, 1991)
The Apache Survival Coalition later filed suit to stop the project on the grounds that it violated the National Historic Preservation Act. The District Court treated the Apache lawsuit as an administrative review case and allowed only five minutes of oral argument by the Apache Survival Coalition lawyer. No testimony has been heard in court from traditional Apache people. It was no surprise, given this treatment of the lawsuit, that the District court ruled against Apache traditional people. The case was appealed and heard in the 9th circuit court of appeals. The court held that the claims of the Apache Survival Coalition were with merit, but that the claims were made too late. The court also failed to see the difference between the San Carlos Apache Tribe and the Apache Survival Coalition.
All the US potential or actual collaborators have abandoned the Mt. Graham controversy including Ohio State University, September 1991; Harvard /Smithsonian, May 1991; University of Texas, April 1987; University of Chicago, November 1988; National Optical Astronomy observatories (NOAO), 1987; California Institute of Technology/National Aeronautical & Space Administration (NASA), 1990.
The University of Arizona is home to the Mirror Lab which has the contract to build the mirrors for the Columbus project. The Mirror Lab has played heavily in the decision to place a new observatory on Mt. Graham.
The SMT telescope had been targeted for completion in 1986 on an already-developed Mt. Lemmon site, near Tucson (Arizona Daily Wildcat, October 28, 1983). "If somebody would offer us a better site, we would certainly reconsider this thing [the Mt. Graham site]," said Max Planck Director Peter Metzger (Stern Magazine, November 30, 1989).
The 1.8 meter Vatican telescope, is a relatively small telescope (1/4 the power of a telescope now nearly complete on Kitt Peak). The mirror for this telescope was donated to the Vatican by the University of Arizona Mirror Lab. The mirror was originally spun as a test mirror for an Air Force Star-Wars contract, then donated to the Vatican Observatory. Vatican astronomers have said, "...there are other viable sites, [for the Vatican telescope] and they are in Arizona." Vatican astronomers have recently been stating that the Vatican telescope could be used to search for "extra-terrestrial" life, which the Vatican Jesuit astronomers would consider "baptizing!"
Arcetri is the University's only other partner in the Columbus Project, the third and largest telescope slated for Mt. Graham. The Columbus telescope was designed as a binocular telescope with two 8.4 meter mirrors; however, UA has stated they have only received funding commitments (which they have yet to prove) to build a one-mirror design. The technology for this telescope is still being developed. The mirror is not scheduled to be cast until 1995. The University of Arizona does not have the money nor the partners to complete the telescope as originally designed. The Italian Green Party, the city councils of Rome & Florence, and several other city, county and state governments in Italy have passed resolutions opposing the Vatican & Italian involvement. A resolution was introduced in the last Italian parliament to freeze funding to Arcetri unless involvement in the Columbus telescope was investigated. Future Partners?
UA is desperately trying to court other partners to join its project. To date, no other partners have joined the project (only left it) and UA is seeking partners in absolute secrecy. Recent FOIA information tells us that the University of Florida is looking into the Columbus Telescope.
Human rights groups, especially those concerned with Native American religious rights, and environmental groups, have joined together in their opposition to the MGIO. Their opposition nationwide and in Arizona is near unanimous and is growing internationally.
Dzil nchaa si an has become a national symbol of desecrated holy places and disrespect for the religious practices of Native Americans. The San Carlos Tribal Council has passed three resolutions opposing the project. The traditional spiritual leaders of the reservation have also signed an opposing resolution. The Apaches have received supporting resolutions from the National Congress of American Indians, the largest and oldest coalition of native American governments in the United States, the Native American Rights Fund and virtually all Native American rights organizations in the US & Europe.
Environmental opposition to the project is near unanimous because the project was based on a fraudulent biological opinion. Congress was misled, and it unintentionally bypassed the ESA and NEPA, causing grave jeopardy to the Red Squirrel and the unique biodiversity of Mt. Graham. Every major national environmental group opposes this project. Over 300 scientists from five nations have joined the Scientists for the Preservation of Mt. Graham. The Society for Conservation Biology, the leading academic society on the subject, opposes the project. In Arizona, over thirty groups ranging from Rod and Gun Clubs to local chapters of the major environmental groups oppose the project. The Arizona Game and Fish Department and Commission which oversees endangered species within Arizona opposes the project. Only two biologists (both from the UA) still claim the project would not harm biodiversity or the Red Squirrel.
Despite its status as a land grant college, the University of Arizona has made it very difficult for the public to obtain financial information. Reports on which this section is based have been obtained through the Freedom of Information Act (FOIA). In almost all cases, the UA has fought FOIA requests. The information below relies heavily on a special report prepared for UA President Manual Pacheco by Booz-Allen and Hamilton, Inc. Booz-Allen only interviewed project supporters and their financial information came from UA. UA censored much of this report, making legal action necessary in order to obtain the full report.
MGIO partners' press releases on finances have been highly inaccurate. Partners' claims that MGIO is a $200 million project have not been true since the earliest project configuration. These claims were used to convince Congress to pass Title VI of the AICA. When the Smithsonian and Harvard withdrew the interferometer ($30 M), and the National New Technology Telescope went to Hawaii, and when Ohio State University and University of Texas as well as other institutions dropped out, the total project value was reduced to less than $50 million. UA's total present investment is probably about $8.1 million. ($.6M for the Vatican; $3.7M for Max Plancks SMT; $2.6M for the Columbus telescope). These costs appear to include non- construction costs, but not legal services, lobbying and time-costs for salaried UA employees.
Projected costs to taxpayers include an additional $15 million for bonds to be issued for the Columbus telescope. The legality of UA bonding plans have been questioned in the Booz-Allen report and has not yet been brought before the Arizona Board of Regents or the Arizona State government, which must approve the bond sales. UA's current lack of partners makes any Columbus bonds unattractive to investors. The cost to federal taxpayers cannot be determined at this time. Costs include multiple government studies: grants from the National Science Foundation and the National Optical Astronomy Observatory, NASA and the US Air Force, and grants to the UA Mirror lab directed toward the Mt. Graham project.
The Vatican instrument (telescope) is ostensibly paid for by private funds. But note that the mirror for this telescope-- which was made as a test for a larger Air Force Star-wars mirror_was then given to the Vatican by the UA Mirror lab in return for a share of the Vatican's telescope. The shortfall of funds to the scaled back Columbus telescope have been guaranteed by the Tucson based Research Cooperation. This $7.5 million dollars is a funding guarantee, not a grant. Actual funding ability of the Research Corp. is debatable.
The most solid funds come from a $2.5 million settlement from Ohio State University, received when it withdrew from the project. If UA is allowed to move the Columbus telescope, there will be additional costs involved in redesign as well. The UA Mirror Lab is the motivating force behind the Mt. Graham project. UA has made a high- stakes financial gamble to develop and sell large telescope mirrors. They have spent $19 million to build and upgrade the Mirror lab and now need mirror lab contracts to justify this expenditure and repay their debt. The Mirror lab recently lost a $10 million contract for a mirror for the NOAO Gemini project to Corning Glass. An 8 meter ($8 million) mirror contract for the US Air Force as part of Star Wars is not now a pressing Congressional priority. The amount of funds funneled from the MGIO partners to the Mirror Lab is not known.
This telescope project has changed considerably since the 1988 rider was passed. Congress had decided that a "World- class" astronomical observatory merited the circumvention of our nation's Environmental and Cultural Preservation Laws. It is clear that UA misled Congress, the USF&WS, and USFS. What is called for now is an EIS to study all of the project's current impacts and to resolve the nondestructive alternative astrophysical locations elsewhere that were ignored when the 1988 rider passed. It is also clear that USFS and USF&WS should reconsult as required by the Endangered Species Act. All construction should halt while these studies are completed and implemented.