Meanwhile, in the Land of Enchantment...

Around the time AZGFD was busy digging up Amity Pueblo, their counterparts at the New Mexico Department of Game and Fish (NMDGF) were doing something very similar at a Mimbres site at Lake Roberts, on land they manage near Silver City. These projects were in many respects identical, but their current dispositions are very, very different. Take a look at NMDGF's account of the Lake Roberts situation presented in their annual report on coordination with tribes:

Lake Roberts Dam & Spillway Project: NMDGF, via our contractor UNM/OCA, has uncovered disarticulated, non-complete human remains of three Ancestral Puebloan individuals. NMDGF has also received formal comment on November 21, 2011 for said remains from representatives of the Hopi, and informally in November with the cultural resource representative for the Pueblo of Zuni. Hopi’s response was in favor of Pueblo of Acoma to take the lead on the NAGPRA discussion; NMDGF recognizes the formal request of the Hopi and acknowledges the Pueblo of Acoma as lead in this matter. Both The Pueblo of Acoma and The Hopi favor an onsite repatriation after construction. NMDGF will see to the interment through its contractor in an area as close to the vicinity
of the original inhumation as possible and has been working closely with the Pueblo of Acoma during this formal consultation process.

So both the Lee Valley Pond and Lake Roberts projects were initiated by their respective state's wildlife management department, on land that they owned, using federal funds provided by the very same office of USFWS. Both took place within known archaeological sites where the likelihood of encountering buried human remains should have been understood to be very high based simply on the nature of surface remains. How is it possible that New Mexico is moving forward with reburial in accordance with descendants' wishes while Arizona is mired in a pissing match with it's federal funding partner?

One difference: NMDGF had an established cultural resources program with full-time archaeologists. Looks like NMDGF even allows them to do some fairly thoughtful CRM.  AZGFD did not have an archaeologist at the time the Lee Valley project was being planned and executed. Just possibly, having staff archaeologists with the ability to advise agency decision makers helped ensure Lake Roberts did not turn out like Lee Valley Pond.

Another difference, which is huge, is that NM HPD laid down the law. They held NMDGF to a higher standard of pre-construction project review to ensure compliance with federal law, as described in this discussion of from April 2013 New Mexico Cultural Properties Review Committee meeting minutes:

Lake Roberts, in the Gila area outside of Silver City, has a very large Mimbres site, situated on property owned by the New Mexico Department of Game & Fish (NMDGF). A dam was built many years ago on top of the site. The dam was declared unsafe, and renovations are now required. The NMDGF and HPD entered into a memorandum of understanding to spell out how to conduct projects under state law that would be compatible with federal law, because so many of the NMDGF's projects start out as state projects and then become federal projects. This is what happened at Lake Roberts. NMDGF determined that they did not have enough funds and then requested federal funds from the Fish and Wildlife Service.

At about the same time, a parallel project (Amity Pueblo) was occurring in Arizona, which resulted in damage to a number of human burials at this well-known site. Both projects resulted in the discovery of human burials. Those in NM were formally excavated as part of the state's permit process. A number of tribes were interested in both projects and contacted the federal Fish & Wildlife Service, which initiated consultation. 

For Lake Roberts, the memorandum of agreement is being negotiated to address tribal concerns and integrate their views about the tribes' patrimony more effectively in the process and in a more thoughtful manner. This is an opportunity to talk with tribes in a way that has not been done before. This case points out, very clearly, the significant differences between state and federal law and how we work with tribal consultation and unmarked human burials in New Mexico. The outcome may result in needed changes to the regulations.

Oh hey, not only were NM HPD's requirements effective in making sure a "discovery" situation could be properly addressed, but the culture of New Mexico preservationists is such that they are willing to use this situation as a case for updating regulations. Whoa. AZ SHPO, meanwhile, rubber-stamped destruction at Amity prior to construction. Following the "discovery," state agencies (AZGFD, SHPO, ASM) closed ranks to blame the feds for the ensuing delay in resolution. 

All this speaks volumes about the two neighboring states' differing attitudes toward preservation, not to mention a differing commitment to basic human courtesy.

The bottom line? Amity Pueblo still lays open and unsecured, remains of it's former inhabitants still strewn across the ground. The community of Eagar does not have the fishing pond it was promised. Compare this with Lake Roberts, where reconstruction of the dam is now underway. I think it's clear which approach was more effective for all parties involved.