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Cultural genocide involves acts and measures that destroy an ethnic groups' spiritual, national, homeland, and cultural essences. “Many Natives consider burial areas sacred and feel the ancestors’ spirits are still present at these places. Such topics deserve special consideration, sensitivity and respect.” (Native American Sacred Sites)
The Town of Rush and Residents United to Save our Hometown used Intervenor Funds to pay Justin Tubiolo, an archaeologist, to review the HSS project as well as the findings and recommendations of PanAmerican, the archaeological firm hired by Invenergy to review the Horseshoe Solar project proposed for Caledonia and Rush.
Attorney Gary Abraham submitted the Tubiolo report, “Cultural Landscape of the Genesee Valley” to the NYS Dept. of Public Service Document and Matter Management website https://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId=%7bF21CFB62-564A-4D42-B55B-012AE2143E64%7d
The Abraham transmittal letter and “Cultural Landscape of the Genesee Valley” are available below.
While less than 5% of all the land in New York State is prime farmland, more than 75% of the land in Rush is so classified. Yet, Horseshoe Solar has leased approximately 800 acres of this prime farmland for the purpose of developing solar energy facilities.
The Comprehensive Plan is to be used as a basis for Town decision-making and strategy for balancing the two competing interests of land development and land preservation.
The primary purpose of this Plan is to provide local officials, farm operators, residents and landowners with information to help promote effective land use management focused on the protection of farmland in the Town of Rush.
Home Rule provides both an affirmative grant of power to local governments over their own property, affairs and government, and restricts the power of the State Legislature from acting in relation to local government’s property, affairs, and government
The Seneca Nation has produced a video entitled “Protecting Our Ancestors: Saving Native Burial Grounds.” In the video, Seneca Nation President Rickey L. Armstrong, Sr. of Salamanca, NY (716 945 1790) speaks of a bone discovery.
The Town of Rush is fortunate to have state land on Honeoye Falls Five Points Road known as Oak Openings. Newly published research from SUNY Geneseo posit an explanation for such openings dating back thousands of years to our first Rush residents, the Seneca’s.
Bone remains discovered during cultural resource management investigations of the Golah Road site in Rush, NY are those of an adult human being.
Thousands of years ago, the Seneca’s were the first residents of what we now call the Town of Rush. Our histories have been inextricably linked ever since.
The Town of Rush allows development of Tier 3 (i.e., large scale) solar energy generation facilities on up to a total 150 acres. Information on such developments is available on the Town Website.
This ceremony was conducted at the The sacred ground at Golah Rush. Seneca ancestors were called upon to push the proposed Horseshoe Solar off of this land.
“Home rule is government of a colony, dependent country, or region by its own citizens.” Home Rule in New York State is codified in: New York Town Law §§ 261-263, New York State Municipal Home Rule Law § 10(ii)(a)(12), and Article IX, §§ 1(a) and 2(c) of the New York State Constitution.
What Home Rule Means for Our Town:
It means we have a voice in what happens (or doesn’t happen) in our Town. Our Town can regulate land use for the “purpose of promoting the health, safety, morals, or the general welfare of the community” (NY Consolidated Laws (Town) § 261).
Siting Solar Installations in NYS and Loss of Home Rule:
The process of Article 10 (which Invenergy, a large Solar Power Development firm, is currently utilizing in its attempt to site a 3,000+ acre Horseshoe Solar facility in Caledonia and Rush) is thought by many to limit the Home Rule power of local governments.
The Executive Budget for 2020 created the Office of Renewable Energy Siting (ORES) (www.ores.ny.gov) which now centralizes siting decisions under one person as a replacement for Article 10. ORES will permit the siting of large renewable installations within one year to “speed up” achievements of the State’s goals.
- WHAT OUR GOVERNOR SAYS: “The new siting process provides a one-stop process with increased certainty and predictability to develop renewable energy projects in New York State.”
- WHAT FORMER ATTORNEY GENERAL DENNIS VACCO STATED: “Article 10 attempts to severely limit a town’s constitutional power to regulate land use and protect the health, safety and welfare of citizens.”1
- WHAT SENATOR GEORGE BORRELLO ARGUES: “At the core of this shift is a violation of our State Constitution’s home rule provisions and right of local self-governance, longstanding precedents which recognize the geographic, political and economic diversity of our state.”2
- WHAT YATES TOWN SUPERVISOR JIM SIMPSON SAYS: “. . . under the guise of a last-minute amendment to the state budget process referred to as Article 23, the governor's proposal will eviscerate the state constitution's home rule provisions by eliminating the role of local zoning laws, allowing for eminent domain confiscations of land, gutting critical environmental review and limiting a town's taxation and assessment powers.”3
- WHAT THE DIRECTOR OF THE ASSOCIATION OF TOWNS, GERRY GEIST FEELS: the timing of the governor’s move could prevent municipalities from weighing in on the plan at the statehouse. He suggested the reasoning for the proposal remains vague and notes the proposal empowers the state to supersede the zoning laws enacted by local governments.4
The current budget added a new Section 575-b to the NYS Real Property Tax Law specifying a discounted cash flow assessed value determined for solar and wind energy facilities that generate 1 MW (§575-b 3, 30-day budget amendment) or more and which according to NREL, generally occupy over five acres (www.nrel.gov). This puts the assessment process in the hands of the New York State Department of Taxation and Finance, in consultation with the New York State Energy Research and Development Authority. This law not only determines the methodology for valuing a project, but also determines who will do it. In addition, it eliminates any negotiations between local governments and renewable energy project developers. This completely undermines the constitutional authority of local governments.
- WHAT NYS SENATE MINORITY LEADER SENATOR ROB ORTT STATES: “The new process is Albany’s one-party rule way of removing local voices from the equation entirely and erasing any control that municipalities have over land usage in their communities.” 5
- WHAT NIAGARA COUNTY LEGISLATOR JOHN SYRACUSE SAID: “575-b eviscerates a local municipality’s Home Rule as it relates to zoning ordinances and further shifts the determination of taxable value on these projects to downstate bureaucrats.”5
Bone remains discovered during cultural resource management investigations of the Golah Road site in Rush, NY are those of an adult human being.
"Anthropological analysis of the bone from the Golah Road site concludes that the bone is a proximal human foot phalanx due to the lack of diagnostic features of bear phalanges and anatomical similarities to modern human anatomical specimens of foot phalanges . . ."
Bone images adapted from the Wakefield Report - Photo A is Human; Photo B is Bear; Photo G found at Golah.
The Wakefield-Murphy report, “Bone remains at the Golah Road Site, Rush NY: an analysis of species identification and pathology,” can be downloaded from the New York State Public Service Commission:
The Livingston County News reported on the sequence of events leading to this discovery and determination in its article: “Seneca Nation calls on solar developer to ‘cease and desist’ following bone discovery,” available here:
Impacts of the proposed industrial-scale, Horseshoe Solar facility are presented and discussed by Dr. Joe Stahlman of the Seneca Nation Tribal
Historic Preservation Office in the video:
Protecting Our Ancestors: Saving Native Burial Grounds available here:
The Seneca Nation has produced a video entitled “Protecting Our Ancestors: Saving Native Burial Grounds.” It is available on the YouTube link below and on the Seneca Nation Facebook page. In the video, Seneca Nation President Rickey L. Armstrong, Sr. of Salamanca, NY (716 945 1790) speaks of a bone discovery.
Thousands of years ago, the Seneca’s were the first residents of what we now call the Town of Rush. Our histories have been inextricably linked ever since.
The Haudenosaunee People, People of the Long House, are the original five tribes of the Confederacy or League: the Mohawk, the Oneida, the Onondaga, the Cayuga and the Seneca. The Seneca’s are sometimes called the “Keepers of the Western Door” because they are the western-most tribe of the Confederation.
The oral history suggests that the Five Nation Confederacy was formed sometime between 1450 and 1660 as a way to unite these western NY tribes with the common goal of living in peace and harmony yet recognizing the separate tribes with distinct customs and language. The Tuscarora’s joined the League when they were driven from the Carolinas by the British, 1714-1722, making up what is now referred to as the Six Nations.
The New York State Office of Parks, Recreation and Historical Preservation (NYSOPRHP) classifies land in Rush as “the most archeologically significant area in western NY” according to Josalyn Ferguson, a staff member for Monroe County when contacted in March, 2020.
Gravesite materials and artifacts now preserved at the RMSC collected from the Golah area attest to the Seneca presence. In fact, arrowheads of a certain description are termed Meadowood arrowheads. The homes of Meadowood are on the western-most length of Stull Road.
A 1932 State Education Department historical marker on the west side of East River Road just as you enter the Town of Rush denotes a Tuscarora Settlement. Scant hundreds of feet away is Elm Place, featured in Rush’s Bicentennial House Tour in 2018. Colonel William Markham III came to the Genesee Valley in 1789, built the first brick house in the Valley and became Rush’s first Supervisor in 1818. Rush’s Town Council met in the front parlor of Elm Place, on the Tuscarora Settlement land.
Another State Ed historical marker is near the West Rush Fire Department by Rush West Rush Road and Creekside Drive. It states that “Three Indian Tribes Fished and Tilled the Soil here for Thousands of Years”
The Nature Conservancy recognizes Rush’s Oak Openings as the eastern-most remaining Oak Opening in the US. Located on Honeoye Falls Five Points Road, a sign denotes Oak Openings as state property. Recent scholarly work by SUNY geographers at Geneseo and U. Buffalo have linked these oak openings or savannahs to Seneca land management in the late 1700s. It is believed that the Seneca’s burned closed canopy forests to create areas more amenable to hunting or easier travel. More information and a video from SUNY Geneseo are available at:
https://www.geneseo.edu/news/native-american-burning-key-rare-oak-savannas
And now, once more, the Seneca’s and Rush are linked by HSS’s inclusion of Rush acreage and the selection of the Point of Interconnection (POI) at Golah. The Point of Interconnection refers to the place where energy produced by solar arrays enter the grid system.
The NYSDPS-DMM 18-02413 website lists the first filing for HSS, completely on the Caledonia side of the Genesee River, on 10/5/18. The 2600 acre, 180MW proposal would use a POI on reclaimed quarry land leased from Hanson Valley Sand and Gravel.
The second filing for HSS that includes the Town of Rush is for a 180MW, 3800 acre proposed installation listed on the website on 2/28/19. The POI at Golah is high value, culturally significant formerly Indigenous land- sacred land in the Seneca tradition.
The Steering Committee of Residents United to Save our Hometown has always had the removal of HSS from Rush land as our primary goal. A secondary goal is providing information on the issues associated with large-scale solar.
We’ve tried to detail some of the Town’s history with respect to our Indigenous first residents.
The sacred ground at Golah is not threatened if HSS moves west, back across the River.
Let us begin with wisdom from what the Onondaga call the WORDS THAT COME BEFORE ALL ELSE (perhaps more popularly known as The Thanksgiving Address).
After admonishing all who listen to recognize the duty to live in balance and harmony with each other and all living things, the WORDS recognize Mother Earth, the waters, the Fish life, the Plant life, the Food Plants, the Medicine Herbs. etc. Then the WORDS speak of trees.
“Standing around us we see all the Trees. The Earth has many families of Trees who each have their own instructions and uses. Some provide shelter and shade, others fruit and beauty and many useful gifts. The Maple is the leader of the trees, to recognize its gift of sugar when the People need it most. Many peoples of the world recognize a Tree as a symbol of peace and strength. With one mind we greet and thank the Tree life. Now our minds are one.” (Braiding Sweetgrass, Robin Wall Kimmerer, Citizen of the Potawatomi Nation and SUNY Distinguished Professor of Environmental Biology and Director of the Center for Native Peoples and the Environment, p.110)
The Town of Rush is fortunate to have state land on Honeoye Falls Five Points Road known as Oak Openings. Newly published research from SUNY Geneseo posit an explanation for such openings dating back thousands of years to our first Rush residents, the Seneca’s.
In a recent article in Annals of the American Association of Geographers, geographers from the State University of New York (SUNY) found that Native American land use—in particular, the use of fire—was critical in shaping the distribution of oak savannas in Western New York at the end of the 1700s.
Assistant Professor Stephen Tulowiecki and Professor David Robertson, both at SUNY Geneseo, along with Associate Professor Chris Larsen from the University at Buffalo, compared information gleaned from historical sources in order to map oak savannas and to better understand how both environmental conditions and Native Americans influenced their distribution around 1795.
Oak savannas are a globally endangered ecosystem. “We have maybe five good remnant locations of oak savannas, also known as oak openings, in New York State,” Tulowiecki said. “And within those ecosystems, there are rare plants. These landscapes are also beneficial for wildlife.”
The following is a link that will explain the NSF sponsored research with a video:
https://www.geneseo.edu/news/native-american-burning-key-rare-oak-savannas
Article 10’s regulations decree that proposed solar installations must document and respect the cultural and archeological assets of any land potentially included in an installation’s footprint. The Town of Rush and the NYS Office of Parks, Recreation and Historic Preservation have long recognized that our first citizens were Indigenous People. The documentation is clear. But it was a recent Guest Essay in the Livingston County News that brought this cultural and archeological history to present dayconsiderations of Horseshoe Solar’s Point of Interconnection (POI). The POI is where the energy generated from solar panels enters the grid apparatus.
“It’s happening all over again. An outsider (Chicago-based Invenergy) is taking your land (residentially zoned Rush land) with the aid of the government (Cuomo’s Article 10 and 54-C) for the private profit of investors! You thought you were protected (local zoning law) but you’re not! You cannot trust the government where big money is concerned. The government does not respect the treaties they agreed to! They didn’t with us, they won’t with you!”
So began a poignant conversation with a gentleman who belongs to the Tonawanda Seneca Nation on Friday, June 26th. He had seen the Guest Essay by Michael Leroy Oberg, (Distinguished Professor of History and Director of the Geneseo Center for Local and Municipal History at SUNY Geneseo) available onthe Res United’s website.
The Oberg Essay, Horseshoe Solar array would ‘destroy’ site of Seneca village, notes that the study commissioned by HSS “diminishes Seneca attachment to the region and the historical reality that the site has a history going back further than that of London in England. . . The report’s authors spoke to no Seneca people, nor did they do any research in the archives”.
Continued conversations led to a meeting with other Native Americans, an invitation to the Reservation near Buffalo to meeting with the Tonawandan Historical Society and finally to a Tobacco Burning Ceremony at Golah.
On August 11, 2020, 205 years and one day after the death of Handsome Lake, almost 30 Indigenous people of the Tonawanda and Tuscarora tribes gathered at 260 Golah Road for the Tobacco Burning Ceremony to Honor the Ancestors who lived on this land.
Golah is at the junction of Honeoye Creek and the Genesee River- rich, alluvial soil and transport via canoe made possible by these waters. This site is sacred land to Indigenous Americans. Although many gravesites have been excavated and artifacts removed, the indigenous spirits reside in the land, not in boxes in museums and private collections.
Mr. Jacobs is a Tonawandan Faithkeeper, a man who keeps the rituals and ceremonies of the tribe. He conducted the sacred ceremony in the native Seneca language; he explained it afterwards to those assembled including Assemblywoman Byrnes, Supervisor Kusse, Mr. Stokie (who gave permission for the Ceremony on his land) and a few others of European descent.
Around 10:30, a small fire was lit on the plowed field to create the smoke to, in the words of Faithkeeper Jacobs, “pierce the sky, be driven by the wind, to travel to wherever our ancestors may be”.
The ceremony began when Levi Winnie, Tonawanda Seneca, gave three sharp calls, much like those of crows, to draw attention and gather all spirits to pay attention to the entreaty and lesson that was to come.
The smoke from the burning tobacco goes first to the Great Maker who gives all resources and is ever present. The smoke gathers all souls, each will add power and speak through one voice, Mr. Jacobs’, in the ceremony. By all speakers, The Haudenosaunee include all things who came first- the wind, the water, the moon, the sun, the plants, the animals, etc. We people are the “younger brothers of Creation”. We came second. We, therefore, have the most to learn.
Nicotiana rustica, the tobacco used in the ceremony is not the current commercial tobacco used for cigarettes or cigars. Rather it was originally cultivated by Indigenous people in the eastern U.S. and later modified and altered to become the tobaccos we associate with pipes, cigars and cigarettes. Throughout the ceremony, the tobacco was thrown on the fire so that the smoke continued to gather all souls, their power and their voices together.
Handsome Lake, a Seneca spiritual leader and prophet, instructed the people of Canawaugus and those living at Golahto be wary of non-native brothers and sisters, the Europeans. The warning prophecy was because these people, the Europeans, thought they could control the Earth, and all the things that came first. But Handsome Lake foretold that one day, the non-natives would learn they did not have dominion. Something would arise to teach them. Handsome Lake warned the native people to not get caught up in the foolishness of the Europeans colonizing the land as if to own and control it. One day, the lesson would be learned. Was he warning of climate change? Of Covid-19?
On this day, in the midst of the tobacco smoke, Mr. Jacobs entreated the spirits to gather and to use their force to move, to push, this off their sacred land. For like the time so long ago, the non-native brothers believe they can control the forces of the earth. Once again, Mr. Jacobs said, it is as if they (the Europeans) have their hands around our throats, holding our heads down and we cannot breathe. We must elevate the discussion of the continuous denigration of Indigenous Peoples to something beyond pulling down statues of Christopher Columbus and celebrating Columbus Day as a national holiday.
To the spirit forces, Mr. Jacobs said, “You are resting here. You are speaking through me. We ask you for the power to push this somewhere else- push it off to the side, to a different land!”
Mr. Jacobs was speaking of Horseshoe Solar. Push Horseshoe Solar off to the west side of the Genesee River using reclaimed quarry land as originally planned for the additional substation, the 5200 square foot Operations and Maintenance Building, the 5 acre lay down yard. Remove it from Golah!
Let the Ancestors and their spirits rest undisturbed where they lived so many years ago.
No pictures or recordings were permitted during the Tobacco Burning Ceremony. This description was written after the fact. To be assured of its accuracy, Mr. Jacobs received a copy for evaluation. In the Haudenosaunee oral tradition, FaithkeeperJacobs passed along word that the chronicling and interpretation are accurate and correct. Perhaps of additional interest, Mr. Winnie camped with the Standing Rock Sioux on three separate trips to protest the Dakota Access Pipeline.
The Town of Rush and Residents United to Save our Hometown used Intervenor Funds to pay Justin Tubiolo, an archaeologist, to review the HSS project as well as the findings and recommendations of PanAmerican, the archaeological firm hired by Invenergy to review the Horseshoe Solar project proposed for Caledonia and Rush. Attorney Gary Abraham submitted the Tubiolo report, “Cultural Landscape of the Genesee Valley” to the NYS Dept. of Public Service Document and Matter Management website https://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId=%7bF21CFB62-564A-4D42-B55B-012AE2143E64%7d
The Abraham transmittal letter and “Cultural Landscape of the Genesee Valley” are available below.