From: Charles Gilbert Wednesday, February 17, 1999 9:14 AM HB 2397 Watching the AZ Legislature: from Charlie Gilbert, AAS Lobbyist. One opponent's account: The Bill HB2397 was heard by the House Public Institutions and Universities Committee Tuesday, February 16. The bill would significantly change the laws relating to permits to excavate, repatriation, survey, curation and record keeping, moving the authority from Arizona State Museum to the State Historic Preservation Office. Both agencies oppose the Bill, were not consulted at all. Apparently no one else was consulted either. Mike Anable, State Land Dept. led off in support saying that communication with ASM is so bad it holds up land sales, perhaps due to lack of adequate staff. Rep. Gonzalez asked if this was a Lands Dept. Bill. Not really, says Anable; it originated with Rep. Cardamone's concern. Gonzalez said that Cardamone had withdrawn support. (Gonzalez is former member Pascua Yaqui Tribal Council.) The other 5 speakers opposed the Bill. Garrison (SHPO) said they were not the kind of organization to take on the new duties. Gumerman (ASM) vowed strenuous effort in communication with  State Lands Dept, could help write an acceptable bill by January. The representative from the Intertribal Council asked why no tribes were consulted; a member of the Tohono O'odham Tribal Council wondered why they were not consulted. Gene Rogge (Dames & Moore) suggested that problems could be worked out by sit downs rather than bad legislation. At least 5 others against the Bill were not able to give their two cents, including Gilbert (AAS) and Yancy (AAS State Chair). Before the vote Chairman McGrath said it was "a lousy bill but the only one we have", and maybe it can be improved later. All explained their vote, saying bill very bad. The two democrats voted no. The republicans voted three yes, one present. HB2397 passed by Committee. A tie would have killed the poor thing.

[ SASIG Ed. Note -- Some analysis: HB 2397 is poorly written. If passed, it will throw into disarray the consultation process for human remains, historic properties, and archaeology in Arizona. Mr. Anabel of ASLD wrote the Bill to shift the regulations from one agency to another because ASLD perceives itself to suffer a regulatory burden. Surprisingly, recent analysis of records indicates that ASLD has over a 110 day response is getting out it's own compliance reports, even for those documents reporting no archaeological sites found during survey. ASLD has not applied an 80-20 rule -- or any other prioritization process -- to it's internal cultural resource management work. It simply does not need to nit-pick most CRM reports in order to do it's compliance work. Under State regulations, AZ SHPO must respond within 30 days. It would be a wonderment to see ASLD voluntarily apply such discipline to it's own operations before pointing fingers.

Now that fingers have been pointed, it should be noted that: Mr. Anabel did not consult other agencies prior to submitting this Bill; he has yet to estimate the cost to government to implement the regulatory shift; and, he has provided neither a detailed net present value (NPV) financial analysis -- nor a temporal process flow analysis -- comparing ASLD's proposed regulatory schema with the current system. In other words, ASLD has not demonstrated that this proposal would be an improvement. Murkiness in the Bill over permit authority will slow the process and produce actually the opposite of the desired effect. This will cause ASLD to lose money for the State trust as permittees look to alternative properties before looking to State Trust land for use or development. Most stupefying, ASLD has no explanation for how a shift of regulations management from one agency to another reduces regulatory burden. The ASLD threw the Bill in the hopper because they claims that he can get no one to talk with them. They forgot that on compliance issues the SHPO MUST RESPOND within thirty days, and that ASM issues the permit up-front. Let's see if ASLD reduces that magic number "110 days" which should be burned upon their foreheads ].

" We trained hard but it seemed every time we were beginning to form into a team we would be reorganized. I was to learn in a later life that we tend to meet any new situation in life by reorganizing, and a wonderful method it can be for creating the illusion of progress, while producing confusion, inefficiency and demoralization. " -- Petronius Arbiter, Gaius - reputed author of the Satyricon - c. 66 AD ( ordered by Nero to commit suicide for being a troublemaker )

AZ Residents, write your Representative and state your opinion! (Cc all Representatives),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

[ SASIG Ed. Note -- Read the next article. Imagine! Historic preservation actually DOES REQUIRE agencies to consult with one another! ] February 16, 1999, Washington, DC - The Advisory Council on Historic Preservation formally adopted new Section 106 regulations February 12, 1999. The new regulations, "Protection of Historic Properties" (36 CFR Part 800), will be published in the Federal Register, and will take effect this spring. Under the revised regulations, State and local government, as well as the general public, are more directly involved in Federal activities that affect historic properties in their communities. The new regulations reduce the Council's role in routine case-by-case review under Section 106, shifting more decision making authority to the State and local levels. The regulations place major emphasis on the role of Indian tribes and Native Hawaiian organizations, incorporating specific provisions for obtaining tribes' consent when actions occur on or affect historic properties on tribal lands, as well as for consulting with Indian tribes and Native Hawaiian organizations that attach religious and cultural significance to a historic property off tribal lands, as required by NHPA. The regulations also provide for the substitution of the Tribal Historic Preservation Officer for the State Historic Preservation Officer (SHPO) when that official has assumed the responsibilities of the SHPO on tribal lands. Moreover, there is greater recognition of the sovereignty of Indian tribes and the duty to consult on a government-to-government basis, and confidentiality concerns of tribes are better addressed. Copies of the regulations will be available after they are published in the Federal Register this spring. For more information on the new regulations, please contact Javier Marqués at (202) 606-8503. [ SASIG Ed. -- See ]

From: Rochelle Gerratt (520-696-0495) is coordinating a Sierra Club Outing (415-977-5588 or The trip, "Exploration of Rock Art Sites in Southeastern Utah," features Polly Schaafsma as guide in a week-long car camp through Southeastern Utah, starting in Bluff, Sept. 4-10, 1999. The hikes will be moderate into some remote back country rock art sites not often visited. Anthropology instructor Lawrence Conyers and his students on Tuesday were looking into DU's past. They located the foundation of DU's 1908 Carnegie Library with the help of ground-penetrating radar. Anthropologists have found the "Cradle of Chocolate" in the Ulua River valley in northwestern Honduras. Peyote isn't native to Arizona. It grows naturally in the deserts of northern and central Mexico and in a small belt of arid land that runs along the Texas-Mexico border. Mexican Indians consider it holy "medicine" and have eaten it during prayer ceremonies for at least 2,000 years. The top of the cactus, or button, is harvested from the cactus stem and prayed over, then eaten. When Spanish priests discovered that peyote-eating natives were difficult to convert to Catholicism, they tried to have it outlawed. For the same reason, missionaries campaigned against peyote when Native Americans imported it into the United States in the mid-19th century and devised their own all-night prayer ceremonies. The Peyote Foundation purports to educate anyone who's interested about the cultivation and conservation of Lophophora williamsii. Dr. Yolanda T. Moses, a nationally recognized cultural anthropologist, has Dedicated herself to one of America's premiere urban public institutions.