Monday, December 10, 2012

Macho B, the Game&Fish culture - "We should have been more diligent"

The byline from the AZRepublic is "

Macho B: Cover-up amid celebrations 'We were instructed to cover up ... we decided to follow orders'

Hovatter, who is still reviewing the criminal files for Game and Fish, said additional disciplinary actions are possible based on new revelations. "We didn't cover ourselves in glory in this," he added. "We should have been more diligent." 

http://www.azcentral.com/arizonarepublic/news/articles/2012/12/09/20121209cover-up-amid-celebrations.html#ixzz2EgcL6SkO

also




exerpts:

Smith eventually confessed his role in the cover-up to state investigators, and admitted making false statements to federal agents. "It's like when you're a kid in junior high and someone pulls down your shorts," Smith told investigators. "You cover up. That was my reaction."

Smith was asked, "Are you sacrificing yourself to protect anyone in this?" Arizona Department of Game and Fish officials redacted his answer from records provided to The Republic.

McCain, who never previously acknowledged a cover-up, told The Republic: "Neither one of us liked the idea, but we were scared. We wanted to protect the department and ourselves. At the time, we thought the department would stand behind us. ... We were instructed to cover up and we decided to follow orders."


Amid the investigations, Game and Fish employees were ordered not to discuss the case with those involved.

Thursday, December 6, 2012

Excerpts from Listserv Chatter

These excerpts are quotes from the AAC-L, ACRA-L, and NMAC-L listservs.

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How to NOT do archaeology. This is a good case study for any agency or client that tries to bypass or shortcut the Section106 process: not only delays, complications, and vastly greater costs in the end, but also possible legal action and some really, really bad publicity.
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I heard about this incident (series of incidents?) but didn’t appreciate the full dimensions of the screw up (I would use harsher language but I’m in public).  Bottom line, federal and state agencies don’t seem to understand that the preservation requirements act as an insurance policy against just this sort of thing.  Agency officials either don’t know about the requirements or don’t care about them until one day their failure to follow the regs bites them in the ass.  Then they care.  Case in point.  Missing in all the finger pointing is the terrible loss of cultural heritage.  Only the tribes seem to feel this.  
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I respectfully disagree that "only the tribes seem to feel" that this incident is a terrible loss of cultural heritage.  The article clearly quotes Todd Pitezel, Arizona's archaeologist over repatriation, burial agreements and permitting, as being sympathetic to the tribes and working to mitigate the loss:

"In my opinion, they're not being treated with dignity and respect [in this situation]," he says. "This is a spiritual matter for [the tribes]. It's pretty disturbing. And we're just sitting here."
 

His comment about "just sitting here" refers to the fact that according to the law, it is the responsibility of the U.S. Fish and Wildlife to respond to the requests of the tribes, and it appears that they have yet to fulfill this portion of the process to the satisfaction of the entities involved.  People care, but at times their hands are tied by policy. I feel that the real need is policy reform including stricter sanctions and expedited timelines.

We should be careful not to overgeneralize when characterizing those within federal and state agencies.
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Point taken, and after all, it appears that a state employee at Game and Fish was the one who took steps to finally halt the construction.  I don’t mean to imply that no one but the tribes care about heritage resources.  In this case, however, it appears that the people who were responsible for ensuring that the work site was properly inspected by a qualified archaeologists before construction started apparently didn’t care enough or didn’t see the need to perform the due diligence that a nearby prehistoric village site would seem to demand.  
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 Sure, the article quotes an archaeologist, but otherwise there's a depressingly familiar lack of acknowledgment here that it was an extremely egregious error, one that extends beyond mere institutional responsibility.  It's analogous to what's been going on with the LA Plaza, where disturbance of historic burials is regularly characterized as a simple "mistake" rather than a really horrible violation of propriety.  The fact that we continue to make such "mistakes" is continued evidence that we've set up a bureaucratic process to address such issues as they come up rather than to address deeper cultural misperceptions of indigenous heritage.  

In other words, until high school kids realize on their own that they shouldn't be digging up a Native American graveyard with heavy equipment, we haven't done our job.


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Several people posted the archaeology article from the Phoenix New Times on NMAC and AAC listservs.

Again, I'd like to note another recent article http://triblive.com/business/businessbriefs/2793469-74/hanna-company-health-howard-bank-michigan-billion-cemetery-general-pipeline#axzz2Dj7gmRzR in which it is stated "... Gas drillers who plowed through a cemetery for a historically black coal camp community in 2004 were ordered to pay $200,000 in punitive damages on Wednesday, on top of the $700,000 in compensatory damages a Logan County, W.Va., jury had awarded a day earlier... ". The lawsuit took about six years.

Iin the Arizona case, dignity and respect is a fine argument to make, but it seems unevenly distributed across the landscape, and unfortunately, dignity & respect will not assure much long-term preservation without additional tools like law and process and courts and the redress of wrongs.

I might point out  that this is the very same amoral government landscape where the Arizona State Land Department under Fife Symington gave the Casa Malpais property to the City of Springerville to serve as an erstwhile run-down tourist trap in the name of economic development (not preservation), and, where James R. Cunkle's Talking Pots Raven Site ruins field school scam quickly played out a few years back http://www.tucsonweekly.com/tw/08-17-95/outthere.htm http://www.swanet.org/zarchives/gotcaliche/alldailyeditions/97jul/263.html. (There are more examples from the region).

I call the NM-AZ borderlands an amoral government landscape because the area is rural with spotty, poorly developed fragile economy, many federal government agencies have little daily presence there except on an occasional project basis, they pass laws they will not enforce, and the State power centers of Phoenix and Santa Fe are far away ("The sky is big and the emperor is far away" syndrome).

There should be a lawsuit brought by the Tribes (with a class-action lawsuit by archaeological organizations?) against AZ Game & Fish AND USFWS and any additional agencies or individuals who were involved or who contributed their professional negligence to violation of the law in this case.

The lawsuit in W VA took about six years and there is a $900,000 bill to pay. A lawsuit in the Arizona matter (filed by individuals with standing in the case) would send a signal  and be a reminder that proper management and professional archaeological work up front is much cheaper than the alternatives.

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"Dear Sir or Madam,

"We regret to inform you that certain remains of your ancestors have been disturbed in the process of building a fishing pond.

"Please accept our profound condolences in this inadvertent episode.  Rest assured that appropriate mitigation will be in progress shortly: see attached memorandum (a) concerning applicable federal and state policies, and schedule (b) identifying a series of meetings at which remediation measures will be discussed.  Your prompt attendance to these matters will ensure rapid compliance.

"Allow us to note that this unfortunate incident in no way reflects the high regard in which we hold you and members of your community.  Looking forward to conducting these proceedings in a positive and productive manner.

"Sincerely...."
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What my fellow archaeologists don't understand is that by not getting the archaeological councils and other professionals into a class action lawsuit, there are no teeth. Then my fellow archaeologists can sit and spin cynical webs of dark humor and continue to accept GS-7 temporary assignments and diminished-pay contract jobs, with Masters degrees and RPA credentials, all the while federal agencies with dignity & respect hire high school students to learn how to run heavy equipment over your favorite sites preserved for just this type of occasion.

This really requires a big honking-ass class action lawsuit by archaeologists, archaeological councils, SHPO in conjunction with a lawsuit by affected tribes. Even if it takes six years.  Otherwise take your trowels and go home, because the USFWS & AZG&F have just punked your colleagues and your regulations, and they can do it any time they want.

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This is a very strange case.  As I understand it, the Arizona Game and Fish Dept, with funding from U.S. Fish and Wildlife Service, proposed to put in a public fishing area right next to Amity Pueblo, a known, recorded historic property of known cultural significance to Zuni Pueblo people and others.  Instead of initiating 106 consultation about the project, again as I understand it, the state agency somehow got an archaeologist from NRCS to survey the site, and somebody (I'm not clear as to who it was) filed a "no historic properties subject to effect" finding with the SHPO, who for unclear reasons concurred.  So the project went forward and bulldozed a big chunk of the site, including at least ten grave sites.  Hard to say who was most responsible for the screwup, but it seems to illustrate one of the problems with not doing what the Section 106 regulations say to do: FIRST initiate consultation, BEFORE you go out and have archaeologists wander around and pronounce about what's there or not.  Had somebody talked with the Zuni, the significance of the site and the need to be careful surely would have come out.
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There have been several multi-million dollar disasters of this sort in Washington State. The major ones known to me are the Port Angeles Graving Dock project and the Blaine Sewage Treatment Plant project.  Darby Stapp and Julie Longenecker have a book out titled "Avoiding Archaeological Disasters"
(Left Coast Press, 2009) that covers these cases, among others. Here's a review http://archaeology.about.com/od/culturalresource/fr/stapp2009.htm

Here's a summary of the Port Angeles Graving Dock situation:
http://www.historylink.org/index.cfm?DisplayPage=output.cfm&File_Id=7344
Also a book about it in 2009 from the U. of Washington Press:
http://www.washington.edu/uwpress/search/books/MAPBRE.html

The state of Washington spent $58 million on the graving dock project (which was to construct concrete pontoons for use in a floating bridge) before it was abandoned and the work moved elsewhere. Hundreds of graves had been encountered (and disturbed) during the early phases of construction, and this was the reason that the project was abandoned and moved. After the project was cancelled, I think quite a lot of additional money was spent to recover and study archaeological material (including human remains) recovered from the construction backdirt.  The Washington Department of Transportation spent only $7000 on the initial archaeological survey of the project location, which found no evidence of archaeological resources, but did note that a large Klallam village site and cemetery was historically known to be located in the general vicinity of the proposed project.

The Blaine Project had a similar history--lots of burials encountered and disturbed after construction started. The cultural resources consulting firm that was involved in the mitigation and monitoring eventually paid the Lummi Tribe $4.25 million as a settlement.
http://www.nathpo.org/News/NAGPRA/News-NAGPRA49.html

The Register of Professonial Archaeologists also took action in this case:
http://www.rpanet.org/associations/8360/files/resources/members_tucker_repor
t.html

Archaeologists and the agencies they sometimes work for need to be aware of these cases. Big money can sometimes be involved, in addition to the loss of irreplaceable cultural heritage.
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Obscene is my most favorable reaction.  A whole bunch of people-governmental entities really screwed up - looks like many are candidates for prosecution/firing, whatever needs to be done to make sure that this never happens again.  There should be lawsuites (and hopefully firings of culpable individuals, formal and heavy sanctions of culpable governmental entities).  The affected Native American community (ies) concerns need to be redressed, and although it is late, some good can still come of this, hopefully, in that such a compendium of mistakes/incompetence may never again affect another archeological site.  Is this the way things are going, or is this just an isolated screw-up?.  This matter cannot be put aside and "lets move on".  Too many mistakes, misjudgements, maljudgements, purposful miscreance, and plain old incompetence.  But mostly, there is no real way to redress the physical loss of much of the site, and the mental toll which this incident is taking on the tribal members.  On and on!!  

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Very sad....
It is a shame that people are still systemically refusing to do archaeology.
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Pursuit of redress under full force of ARPA/NAGPRA is the best thing that could happen to focus the Agencies' AND the local's attention. Filing suit has worked previously. It does require persistence that stretches the members and officers of an organization to near breaking, BUT it needs to be done in this case..

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Put a statement or letter together to these agencies and to our state and our Federal elected representatives

and allow those who wish to sign it or send it on their own to these entities do so.

A very good exmple of how this can be done online is shown here for the recent Fox Mountain wolf bounty incident
in New Mexico:
A link at the bottom of page allows readers to online sign and submit/send prewritten message to both NM US Senators.    

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A petition? That's charming hehehe (LOL). State and our Federal elected representatives are currently fighting over smaller government and less regulation. They are not going to listen to archaeologists and their petitions. AAC should consult with the Tribes and join in filing a class action lawsuit against USFWS & AZ Game & Fish and any additional agencies or individuals who were involved or who contributed their professional negligence to violation of the law in this case at Amity. Why? Because the USFWS & AZG&F have just punked your colleagues and your regulations, and they've re-discovered they can do it any time they want. And, Bonus Points, they now will do it again.


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There is Federal Agency involvement, all Fed laws apply.
The Agency IG and the FBI should receive letters about this illegal activity.
There is State Agency involvement, all state laws apply.
The State Attorney General should receive letters about this desecration.
Since archaeological site protection laws have been in effect, from over a century to only a 'few' decades, neither agency can claim any sort of unawareness.
Even kids in that area know what prehistoric remains look like...
These are knowing offenses. Knowing offenses are FELONIES.

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I think you nailed all of the salient points. I am not sure how much direct input I will be able to give without jeapordizing any future depositions etc. As for working for AGFD, XXX has pretty much determined that it would be extremely unlikely at best. I can however state exactly what we observed since the report has become/ is becoming public record. As you said, I think the better avenue would be to avoid assigning fault, but to address what AAC CAN do. Perhaps a simple lending of support to Zuni, Acoma, Hopi, and Navajo in any future actions- I also know that California tribes currently in negotiations with BOR, USFWS are watching this closely as are SRPMIC and others.
I also think that one of the other issues can be addressed is the issue of using qualified archaeologists for this kind of work. Not only AGFD but other state and federal agencies are apt to use "para-archaeologists" or unqualified archys (vis-a-vis Miles) to cut corners on projects and by doing so we get the 26 Bar screw up. A statement from the AAC illustrating the risks of cutting corners and going for the cheapest solution rather than the right solution may be in order as well. If AGFD would have spent the 5,000 odd dollars to survey their property correctly, they would have avoided the potential 2 million dollar hit they now have. I do not think this point could be stressed enough.

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I would strongly suggest that a letter be drafted to the Advisory Council on Historic Preservation as they are the ultimate authority (quite literally) on these cases. I had good luck with this as part of a neighborhood group that went after a cell tower company for not doing due-diligence (they wanted to put a cell tower in front of the entrance to our neighborhood, which is listed on the NRHP). If they weighed in on our much-less-important matter, I'm sure that they would weigh in on something as serious as this.

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Interesting email chatter about this situation in east-central Arizona.  Unbelievable to me is the fact that we are just now discussing this event near the end of 2012 when it actually happened in spring 2011.  It also seems clear to me that this is a legal issue, although it would certainly be appropriate for the Arizona Archaeological Council to get involved.

...But as we all know, the lead federal agency has a legal obligation under section 106 of the NHPA to take into account the effect of their actions (funding, licensing, permitting) on cultural resources.  It seems to me that the two federal agencies involved, USFWS and NRCS, and the two state agencies involved, AGFD and SHPO, cannot be considered blameless.   

As someone mentioned in this email chain, aside from the poor execution of the laws by the agencies, it is the cultural resources and Tribes who are suffering.

I hope that the state and national archaeological organizations can hold discussions to craft appropriate responses to the agencies.


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According to the PNT article, if the quotes are correct, everyone is waiting for someone else to do something... So the appropriate response was provided by XXX "It also seems clear to me that this is a legal issue, although it would certainly be appropriate for the Arizona Archaeological Council to get involved."

Yes, XXX, it is a legal issue. Two years have passed and everyone is still sitting on their hands. This is a real reason why AAC needs to get with the Tribes if they will be filing a lawsuit. AAC needs to be a part of that legal issue in solidarity with the tribes.

Also, professional archaeologists in the SW have been harmed by this event, too!  Thus, AAC should independently seek standing and file a second lawsuit -- a class action lawsuit -- on behalf of all SW archaeologists and tribes and preservationists. The professional practice of archaeology has been diminished and harmed over the past two years by the improper actions of the agencies to do the work cheaply without proper established procedures, and then to delay resolution hoping the problems will just go away...

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The intent of the people in charge versus the lack of lower agency action on
the Amity Pueblo burials desecration makes for an interesting study in
contrast.

Handed to the Tribes today at their meeting with President Obama,  a
Memorandum of Understanding by DoD, DOI, DOE, USDA and ACHP "to improve the
protection of and tribal access to Indian sacred sites through enhanced and
improved  interdepartmental coordination and collaboration."

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The Goldwater Institute hates regulation, but they hate really bad government more than they hate regulation. They often take on cases ...

Swallow hard. Gulp.  You can come up with additional examples if you don't like the Goldwater Institute -- AZ Center For Law In The Public Interest  http://aclpi.org/   More ??

Have you contacted anyone and asked for help with a class action lawsuit to address this issue of poor performance, damage,  and lack of redress and accountability ?

The case described below is really bad government in really bad government action.

In this case, the FEDS ignored compliance with their own rules of procedure and redress. The goal was to build a noble, well intentioned fishing pond for the public -- on government property -- then they completely fouled up. And now, they continue to sit on their hands hoping the issue will just go away. Not only has bad government created an amoral landscape in a small community and harmed the town's reputation, bad government also has harmed the Tribe's cultural patrimony, and harmed the many people (YOU) who work professionally in the public and private sectors to provide history and preservation and mitigation services to other governments businesses and the public.

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I think another point that is being lost with all the talk of lawsuits and is perhaps more in the purview of the AAC is how this thing happened in the first place. Yes there were failings throughout the process however it all started when an agency and an archaeologist failed to "realize" that digging a pond immediately adjacent to a 60 room pueblo just MAY be a bad idea. Then when the agencies with oversight are hamstrung by state law and lack of funding these kind of things unfortunately take place and we get the tragedy that everybody, but particularly Zuni, Acoma, Hopi and the Navajo Nation are dealing with.

To hearken back to what XXX mentioned, the AAC has a stated purpose in the bylaws to "To educate the public about the goals and methods of archaeology". This public includes agencies that try to cut corners by not retaining permitted and qualified archaeologists to do their cultural resource compliance prior to any bulldozers desecrating a sacred Zuni place (in this case). If anything this case shows how by trying to save a couple of thousand dollars by not using a permitted/ qualified CRM firm it is going to cost the state and the agencies many more times that amount (and rightly so).

Rather than asking the AAC about filing lawsuits, perhaps we can begin a dialogue on crafting an open letter to our state agencies reminding them of their responsibilities as the administrators of our State lands and the importance of not always looking for the cheapest route possible during archaeological compliance. Rather than using unsupervised "para-archaeologists" or people "whose brother is an archaeologist" these agencies need to start looking for qualified archaeologists that have the capabilities and necessary permits to do the job.

The ACHP is involved in the Amity Pueblo discussion and will work out issues of fault and redress, I'm not sure an AAC lawsuit if even feasible will accomplish much. However, if the AAC works to remind agencies that the days of "cowboy archaeology" are over and that there are procedures that they HAVE to follow while advocating for us- the professional archaeological community- I think we will all be better served. More importantly perhaps Native American groups will no longer experience what Zuni, Acoma, Hopi and Navajo is experiencing right now and we will no longer have to discuss the destruction of sites like what has happened in this case.

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Isn't this approach something like what the SHPO does anyway -- sending letters out to all the parties so the letters can be promptly ignored? Why would we want to replicate that? The SHPO already does that.  The clock is at two years and ticking and everyone is sitting on their hands. I do appreciate how open letters to our state agencies -- sending kind little reminders -- will make some feel good, even while the responsible agencies continue to give you what you've always gotten. That is what they are doing right now -- waiting you out  -- while you cave in -- because you think it takes too much time, too much effort, too much solidarity, or too much money, to hold them accountable for their bad behavior. Why can't you go to the Tribes? Why can't you go to the ACHP? Why can't you go to the AZ Center for Law in the Public Interest to actively seek a partnership that will sue their pants off.

As professional archaeologists you have been deeply harmed (financially & social status as professionals) and you may not even recognize it, but you've also completely mistaken the issue and twisted it. The days of cowboy archaeology certainly are over, but the days of cowboy development clearly are not over.  The unqualified archaeologist in the matter is just a pawn. The responsible agencies continue to give you what you've always gotten. The regulations and the reminder letters are nothing but shredded bedding material for hamsters. The agencies are the responsible parties. They cooked-up the cut-rate disaster.  You must act decisively to form a partnership to take them to court, and sue them and fine them, and make them be accountable for following their own policies and laws.

Allow me to quote again: "... Disasters are almost by definition about the failure of authority, in part because the powers that be are supposed to protect us from them, in part also because the thousand dispersed needs of a disaster overwhelm even the best governments, and because the government version of governing often arrives at the point of a gun. But the authorities don't usually fail so spectacularly. Failure at this level requires sustained effort. The deepening of the divide between the haves and have nots, the stripping away of social services, the defunding of the infrastructure, mean that this disaster - not of weather but of policy - has been more or less what was intended to happen, if not so starkly in plain sight. http://www.harpers.org/ The Uses of Disaster: Notes on bad weather and good government -- Rebecca Solnit September 8, 2005 (emphasis added).

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The harm that Zuni, Acoma, Hopi, and Navajo feels is much greater than any that we as archaeologists could possibly feel. I saw their faces when they were taken on the site tour, and the pain expressed on all of their faces has left an indelible mark on me that will remain forever.

As for us being "waited out" I think I can speak for most when I say we are well aware of this tactic; HOWEVER, the tribes ARE engaged and ACHP IS engaged. This will play out in arena bigger than a potential lawsuit from the AAC, and I have no doubt this will become a new case study in the ACHP Sec. 106 training. Don't get me wrong, but honestly do you think the Washington players and other sundry parties give a damned if the AAC files a lawsuit? This is much bigger than that. Instead of shooting the budget for the next umpteen years filing an AAC lawsuit, an offer of solidarity with the tribes (let them decide if they want any action by the AAC since they have been done the most wrong)and public education seems like the best bet. The agencies are in the process of being held accountable as we speak.

Perhaps I am being too pragmatic but I think the AAC will achieve more through the education part of the bylaws, perhaps if there was a program that gave those "kids on dozers" a cultural sensitivity/ awareness before they ever started digging...who knows. I can appreciate your cynicism about the reminders, I have been doing this long enough to see the disregard for the process time and again, but we really need to assess exactly what we intend to do and what we want to change before throwing the term lawsuit around. Additionally we need to look at the current laws that hamstring those charged with oversight of these projects and their lack of funding...
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My statement was " Why can't you go to the Tribes? Why can't you go to the ACHP? Why can't you go to the AZ Center for Law in the Public Interest to actively seek a partnership that will sue their pants off."    The operative words I wrote there were "go actively seek a partnership. " Earlier in the conversation I also wrote "Not only has bad government created an amoral landscape in a small community and harmed the town's reputation, bad government also has harmed the Tribe's cultural patrimony, and harmed the many people (YOU) who work professionally in the public and private sectors to provide history and preservation and mitigation services to other governments businesses and the public.

Now you've written "Perhaps I failed to clearly make my point.. I did the damage assessment out there and I KNOW what was done, and who has been harmed- and quite frankly the harm that Zuni, Acoma, Hopi, and Navajo feels is much greater than any that we as archaeologists could possibly feel." You also  wrote " ... an offer of solidarity with the tribes (let them decide if they want any action by the AAC ... "  You did not fail to make your point. You did make your point. But not to diminish the Tribes involved in any way, there is a lot of harm to go around for many.

We may be saying the same operative thing: The partnership could decide the precise action to take.

But not to diminish the archaeologists in any way, I will reiterate: "As professional archaeologists you have been deeply harmed (financially & social status as professionals) and YOU MAY NOT EVEN RECOGNIZE IT, but you've also completely mistaken the issue and twisted it. *The days of cowboy archaeology certainly are over, but the days of cowboy development clearly are not over."

In the end, this is why the AAC must also take action to get involved & seek the partnerships, make decisions to act in solidarity, and follow through with taking action.

It does not matter what the Washington players think about the AAC. The AAC must put it's organizational skin into the game.  AAC, take some action, dammit.

I won't be shy about it. It is perfectly acceptable to throw around (introduce) the concept of lawsuit to the conversation if it will spark partnership to create standing and and action. And, it is perfectly acceptable to initiate a lawsuit proceeding if the partnership points in that direction.

" There should be a lawsuit brought by the Tribes (with a class-action lawsuit by archaeological organizations?) against AZ Game & Fish AND USFWS and any additional agencies or individuals who were involved or who contributed their professional negligence to violation of the law in this case. The lawsuit in W VA took about six years and there is a $900,000 bill to pay. A lawsuit in the Arizona matter (filed by individuals with standing in the case) would send a signal and be a reminder that proper management and professional  archaeological work up front is much cheaper than the alternatives. "

A partnership signifies a willingness to commit to a plan of action. A threat of lawsuit -- or a real lawsuit -- can be a type of education that Agencies will understand. They certainly don't seem to understand the earlier letters and admonitions that were passed along in the case.

(emphasis added)

I urge AAC to get some professional skin in the game, or as Geertz said of Jeremy Bentham's concept, get some "Deep Play" in the game

http://webhome.idirect.com/~boweevil/BaliCockGeertz.html
http://webhome.idirect.com/~boweevil/BaliCockGeertz2.html

" It is in large part because the marginal disutility of loss is so great at the higher levels of betting that to engage in such betting is to lay one's public self, allusively and metaphorically, through the medium of one's cock, on the line. And though to a Benthamite this might seem merely to increase the irrationality of the enterprise that much further, to the Balinese what it mainly increases is the meaningfulness of it all. And as (to follow Weber rather than Bentham) the imposition of meaning on life is the major end and primary condition of human existence, that access of significance more than compensates for the economic costs involved. " (emphasis added).
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The "bigger player" argument fails because that level of policy already exists in Law and CFR, yet local agency players continue to ignore or soft-pedal the law and regs. Another fine Wash D.C. settlement, published, circulated, announced to reinforce policy will get attenuated by distance as have the existing Law and regs.

Don't underestimate the power of a "local" law suit. When NMAC sued the Forest Service for dereliction in antiquities duties the results helped create change at a much wider level than the one forest, one site origins of the suit.

Also, do not overestimate the costs. As Brian has repeatedly mentioned, there are many avenues of force multiplication; PIRGs, pro bono legal sources, avocational groups, good governance groups, broader spectrum environmental groups, that share at least part of our profession's special interests. And, when you win, the malfeasant agency(ies) pay your costs as part of the settlement.

But, the members must be prepared to step outside their sinecures, and be willing to use outrage as leverage for a good cause.

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It does sound as though this is now active on a high level, and that some parts of this discussion would have been more appropriate if we'd heard about this a year ago. However, I still think that it's important to let the folks in DC (and I still think having more and more folks/organizations contact the ACHP is a good idea. CONSTITUENCIES MATTER!)
BUT... That's not what I'm trying to say in this email.
At the risk of making a fool of myself again (not hard to do), I want to make a plea for unity and action.
I hear and share the frusttration, and I share it. But let's use this situation to bring us together and have those conversations about what we need to do, and how we can accomplish those goals.

Having worked for an agencies, a municipality, universities, museums, and private CRM firms, I can tell you that ALL of us care deeply about what we do. We certainly don't do it for the money. Agencies have stuck their necks out, (and sometimes my neck), with good and disastrous results, and they continue to do so. Often behind the scenes. I've been there with them(as an underling or bystander, usually) taking on some pretty tough situations. Remember the disaster out in the Los Robles area with all the blading of state land, mountain sheep going blind, dozens of sites affected? Agencies stepped up on that one, big time. Other times, things go to court and the perpetrators/looters/ get away with everything.
All of our hands are tied to some extent, and most of us do the best we can within very real limitations. All of us want to be able to do more.

This is the most heart-felt discussion I've seen in a long time. Can we get together somewhere and talk about how to reorganize ourselves to police ourselves better? Form some sort of an alliance that can accomplish something? So far when I've been part of these conversations, they always get to a point where it's decided that we need to do something, but then we hit a brick wall. We decide it's too difficult, that no one will agree, that there's nothing to do after all, that it's Someone Else's Problem (and/or fault).

So: What do you think? Can we make it our problem?

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Before...and after

The proposed pond location before construction. The depicted parcel amounts to 9 acres of land near Eagar. Date of photo unknown.

The same location after earth moving. Date unknown.

Wednesday, December 5, 2012

Letter from the Society for American Archaeology

http://xa.yimg.com/kq/groups/361641/590001954/name/SAAAMITYPUEBLO%2Epdf

December 5, 2012

Daniel M. Ashe, Director U.S. Fish and Wildlife Service 1849 C Street, NW Washington, DC 20240

Jason Weller, Chief Natural Resources Conservation Service United States Department of Agriculture 1400 Independence Ave., SW, Room 5105-A Washington, DC 20250

Mr. Larry D. Voyles, Director Arizona Game and Fish Department 5000 W Carefree Highway Phoenix, Arizona 85086-5000

Dear Sirs,

The Zuni Tribal Historic Preservation Officer, a member of the Society for American Archaeology, requested that our organization review an ongoing situation involving the disturbance of human remains during the Lee Valley Pond project sponsored by your three agencies.

The Society for American Archaeology (SAA) is an international organization, founded in 1932, dedicated to research, interpretation, and protection of the archaeological heritage of the Americas. With more than 7,000 members, SAA represents professional archaeologists in colleges, universities, museums, governmental agencies, and the private sector. SAA has members in every state within the United States, as well as in many other countries around the world.

The information available about the Lee Valley Pond project indicates your agencies failed to comply with Section 106 of the National Historic Preservation Act and Arizona Revised Statute (A.R.S.) §41-844. It is our understanding that the first archaeological survey of the project area was not done with the permit required from the Arizona State Museum, and the Arizona State Museum may not have been properly notified when human remains were disturbed.

We write to you to request that your agency resolve the serious cultural resource management issues posed by this project and take immediate steps to ensure that the human remains disturbed in 2011 are treated with appropriate dignity and respect, and with consideration for the specific tribal cultural and religious traditions applicable to the remains, as mandated by A.R.S. §41-844.
Our review of a report prepared for the Arizona Game and Fish Department in 2012, after the disturbance of human graves and archaeological deposits at Amity Pueblo in April of 2011, indicates there have been adverse effects from vehicular access, backdirt piles, and excavation of the fishing pond (See Eric S. Cox and John T. Marshall, 2012, A Cultural Resources Survey and Assessment of the Arizona Gave and Fish Department’s 26 Bar Property in Eagar, Apache County, Arizona, Technical Report No. 12-13, Northland Research, Inc., Tempe Arizona). The area impacted by construction activity totals 9.1 acres. The human remains of at least 10 individuals were documented in the disturbed areas at the site, including six in situ human burials. It is probable that the project has disturbed more burials that have yet to be documented. The lack of adequate protection of the site has resulted in recent visitation and looting activity in the form of collection piles of artifacts and digging at the site. Furthermore,the human remains exposed at the site continue to be adversely effected by exposure to environmental factors. We understand that some human remains from Amity Pueblo are stored in a cardboard box at the Eagar Town Hall in a manner that does not afford them the basic respect required by A.R.S. §41-844.

Based on the information available to us, SAA is concerned about the failure of your agencies to mitigate the adverse effects of your actions on the human remains and archaeological features disturbed by the construction activities of the Lee Valley Pond project.

SAA thinks it is important for all federal and state agencies to comply with historic preservation legislation designed to protect the tangible heritage of the United States, and to ensure that human remains are treated with dignity and respect. On future projects, SAA strongly recommends that your agencies employ Registered Professional Archaeologists (RPA) to undertake the research you need to effectively manage archaeological resources. Members of the RPA subscribe to a rigorous Code of Conduct and Standards of Research Performance, and the RPA provides a means for concerned parties to hold RPA members accountable for their actions.

In closing, the Society for American Archaeology requests that you complete consultation with the Zuni, Acoma, Hopi, and Navajo Tribes to seek their advice on how to mitigate the adverse effects on human remains and archaeological features caused by your construction project, and that you take immediate steps to mitigate that damage.
Sincerely,

Fred Limp, President

cc: Benjamin N. Tuggle, Regional Director, U.S. Fish and Wildlife Service
Theresa Pasqual, Acoma Historic Preservation Officer, Pueblo of Acoma Leigh J. Kuwanwisiwma, Director, Hopi Cultural Preservation Office
Kurt Dongoske, Zuni Tribal Historic Preservation Officer, Pueblo of Zuni
Alan Downer, Navajo Tribal Historic Preservation Officer, Navajo Nation
Ann Howard, Deputy Arizona State Historic Preservation Officer
Todd Pitezel, Assistant Curator of Archaeology, Arizona State Museum
John Eddins, Advisory Council on Historic Preservation