Showing posts with label National Historic Preservation Act. Show all posts
Showing posts with label National Historic Preservation Act. Show all posts

August 18, 2016

‘Confusion at every level’ of the Park Service


By Joe Davidson | Columnist
Washington Post


Years of sacred- and ceremonial-ground desecration at the Effigy Mounds National Monument in northeast Iowa disgraced the National Park Service, as did a recently sentenced former park manager who stole ancient human remains and hid them in his garage for more than two decades.

A review team of Park Service officials from outside the monument’s region examined the defilement and pronounced themselves “astonished” in an “after action” report released last week.

Its piercing conclusions go well beyond the Effigy Mounds scandals and cut right to the Park Service’s culture.

Given the critical issues the report found throughout the NPS, which celebrates its centennial next week, perhaps it is more surprising that shameful stories like Effigy Mounds aren’t more common.

In addition to the bone thefts, at least 78 projects on the grounds — costing almost $3.4 million from 1999 to 2010 — did not follow National Historic Preservation Act or National Environmental Policy Act provisions. A former superintendent, Phyllis Ewing, lost her job because of that. The projects included “an extensive system of boardwalks throughout the more than 200 American Indian sacred mounds,” according to the report. The mounds are over 1,200 years old.

NPS Midwest Regional Director Cam Sholly said the wrongdoing not only “violated the law and damaged resources” but also compromised “our valuable tribal relationships and the public trust.”

The report describes a confused agency beset with weak management of the nation’s cultural resources that it is charged with safeguarding.

“As the National Park Service is responsible for resources stewardship, we are also responsible for the damage and destruction of the resources entrusted to us,” the report says. “Sometimes it seems as if we hold visitors, concessioners, and contractors to a higher standard than we do ourselves when it comes to resources stewardship.”

Among the problems outlined in the report:

  • “Lack of staff knowledgeable and skilled in cultural resources management results in inappropriate collateral duties assigned to staff not qualified to complete the task.”
  • Employees “consistently reported that they had no authority to report concerns or to follow up on concerns reported in their chain of command.”
  • “Law enforcement rangers and solicitors are not well enough versed in cultural resources laws and policies.”

The problems infect the agency from top to bottom, from Washington to the local parks.

“The internal role of the park, regional office, and Washington Support Office in cultural resources management is neither well defined nor consistent. What work we should be doing and where it should take place to be most effective is not clear…” the report said. “There is confusion at every level, uncertainty as to span of responsibility, authority, and accountability.While this confusion has to do with who does what at each level of the agency, there is no understanding as to roles, responsibilities, and authorities regarding risk, mismanagement of or impacts to cultural resources.”

Three “overarching recommendations” were offered: “educate and empower all employees as stewards” of cultural resources; increase awareness of cultural resource laws, regulations and penalties; and “resolve the confusion of what work cultural resources professionals should be doing.”

Although the report provides a sharp agency critique and specific recommendations, the document amounts to “a bucket of mush on Effigy Mounds scandal,” says Public Employees for Environmental Responsibility.

“This new report epitomizes what is wrong with the current Park Service leadership, which never takes direct responsibility for screw-ups no matter how flagrant or preventable,” said PEER Executive Director Jeff Ruch. “Tellingly, this report preaches transparency and accountability but illustrates precisely the opposite, gauzing over critical facts and offering not a single meaningful reform.”

Thomas A. Munson is a former Effigy Mounds superintendent who has been held accountable, albeit long after his criminal deeds. In 1990, he stole remains of 41 Native Americans, more than 2,100 individual pieces, then concealed them in garbage bags in cardboard boxes in his garage. He was sentenced last month to 10 weekends in jail, 12 months of home confinement, plus probation and more than $100,000 in restitution.

Munson’s sentencing, reliving the Effigy Mounds lawlessness, and the frank after-action report are just the latest in a string of bad news that has muddied the agency’s 100th-anniversary year. Interior Secretary Sally Jewell has complained about a Park Service culture that “allows” sexual harassment. The NPS has been criticized for confusing park promotion with corporate commercialism. And NPS Director Jonathan B. Jarvis had to apologize for his ethical lapses.

The after-action report into Effigy Mounds said it was done because of a “deep concern” by agency officials that “this never happen again.”

That should apply to a range of National Park Service problems.

September 2, 2013

Needles City Council reiterates objection to water project

By JENNIFER DENEVAN
Needles Desert Star


NEEDLES — In a split vote, city council members approved sending a copy of an earlier letter stating their opposition to the Cadiz Valley Water Conservation, Recovery and Storage Project to several more recipients.

There was some confusion during the Aug. 27 meeting as to who received that first letter, which was sent about a year ago. The letter, which stated the council’s disapproval of the project, was sent to Cadiz and was included in the environmental impact report being completed at the time.

Council member Tom Darcy wanted to have that same letter disbursed to additional people. His motion included sending the letter to state senators, San Bernardino County Supervisor Robert Lovingood and to government officials in Sacramento.

Lesley Thornburg, operations manager for Cadiz, Inc., gave a presentation regarding the Cadiz water project to council in the Aug. 27 meeting. She spoke on various elements of the project Cadiz has planned and the benefits it will have for the area.

Thornburg gave background regarding Cadiz. The company was founded in 1983 and owns 45,000 acres of land. They also have water rights in three San Bernardino County locations.

They’ve been farming on their land for 20 years and farm organic grapes, citrus and other types of crops, she said. The focus of the presentation was the water project.

She said the phase I portion of the project is completely approved, having completed the California Environmental Quality Act. The next steps include complete construction of a well field, natural gas power resource and solar facilities.

Cadiz plans to construct a 43-mile buried pipeline to the Colorado River aqueduct within an Arizona-California Railroad right of way. They would deliver, on average, 50,000 acre-feet of water annually to providers over a 50-year period that’s subject to a management plan, she said.

Thornburg said it will be a new reliable source for more than 100,000 families every year. Water users in six counties, including San Bernardino, Riverside, Los Angeles, Orange, Ventura and Imperial, would all receive water. The largest portion would stay in San Bernardino County, she continued.

Thornburg also discussed various projected benefits of the project. She claimed there will be many benefits to the community, including stimulation of the local economy, reduction of demands on Colorado River water, creation of just under 6,000 jobs and will mean about $6 million in tax revenue. Of that, about $600,000 will go to the school district, she continued.

Tom Henderson, project lead for the hydrology portion, also spoke. He reviewed elements of the project. He explained how all the rigorous measuring and testing corroborated the recharge that’s estimated.

He said Cadiz knew there would be questions about the recharge, they also did a variety of “what if” situations and modeled them. There was no significance impact found in any of those scenarios, he added.

Henderson also pointed out the project did get CEQA certified and CEQA is the most stringent environmental law in the U.S. No problems were found with the project, he added.

He said there are several early warning features set up to evaluate the response of the project to actual pumping and if not acting as predicted, the project would be adjusted.

It’s not optional, he said. San Bernardino County will regulate and provide oversight.

Darcy expressed several concerns about the project, including concerns about water being sent to Los Angeles and Orange Counties. Other council members echoed his comments, making statements of how those counties need to find other ways to serve their residents.

Additional concerns centered on how much water is proposed to be pumped and the potential negative impacts if there isn’t recharge. Council members generally agreed that sending another letter to show their continued disapproval of the project is needed.

Terry Campbell, council member, said he doesn’t approve of the project, but he also didn’t agree with sending another letter. “Have you really thought what you’re asking for?” he asked.

Campbell said the problem with a letter is that it may encourage federal government to step in and would possibly mean taking away private citizens’ property rights, which isn’t right. He felt it best to not take any action, he added.

There were additional comments made regarding previous situations where property rights were taken away and the possible negative impacts of the project. Sending a copy of the original letter to more representatives won out for the night.

Cadiz company spokeswoman claims water project safe, sustainable

By JENNIFER DENEVAN
Needles Desert Star


NEEDLES — While the city council decided to reiterate their stance on the Cadiz water project during their meeting Aug. 27, Cadiz also had a response.

“The Project has been reviewed and approved under the most stringent environmental law in the United States and includes unprecedented enforcement measures to ensure that operations are safe and sustainable,” Courtney Degener, Cadiz spokeswoman, said in a prepared statement.

The response comes after the council voted to resend a letter disapproving of the Cadiz water project. They approved sending the letter to government officials in Sacramento, state senators and Robert Lovingood, San Bernardino County District One Supervisor.

“We were disappointed in the action taken by the Council this week, because Needles, which is 80 miles away from the project area and in an entirely different watershed, is one of the population centers that would benefit from employment opportunities and new tax revenue offered by the project, including $1,000 per pupil for Needles’ students every year,” she said.

“Additionally, San Bernardino County and the desert will receive significant water supply benefits from the project - more than 20 percent of project supplies have already been reserved for county-based water uses - and the city of Needles could easily take delivery via an exchange along the Colorado River,” Degener said.

“We appreciate the support of the local business community and look forward to ultimately working with the Council to deliver the many real long-term local benefits promised by the project,” Degener said.

August 23, 2013

Chemehuevi Tribe Weighs In Against Cadiz Desert H2O Extraction Project

San Bernardino Sentinel

NEEDLES — The Chemehuevi Tribe has added its protest to the growing chorus of opposition to the Cadiz Water Project, which is purposed to transfer up to 50,000 acre-feet of water from the East Mojave Desert to Orange and Los Angeles counties and was given project approval by an Orange County Water District last year but is now being contested by eleven lawsuits.

The project is an undertaking of Los Angeles-based Cadiz, Inc., which since the 1980s has operated a 500-acre organic grape, citrus, melon and pepper farm in the Cadiz Valley. Cadiz, Inc. arranged to have the Santa Margarita Water District, to which it is contracted to deliver a portion of the water to be extracted from the desert, to assume lead agency status for the project’s approval. Many of those opposed to the project considered that to be a conflict of interest. San Bernardino County contemplated but in March 2012 ultimately elected against challenging Orange County-based Santa Margarita’s assumption of that lead agency status on the project.

Instead on May 1, 2012 the county entered into a memorandum of understanding with that district and Cadiz, Inc. and its corporate entities, including the Fenner Valley Mutual Water Company, allowing Santa Margarita to oversee the environmental impact report for the project and conduct the public hearings related to project approval. On October 1, 2012, the San Bernardino County Board of Supervisors gave approval to a groundwater monitoring plan to facilitate completion of the project

The project generated eleven lawsuits in which San Bernardino County, Santa Margarita and Cadiz, Inc. have been named as defendants. Even before those lawsuits materialized, the county, on March 27, 2012, retained the San Francisco-based law firm of Downey Brand to assist county counsel in responding to any lawsuits it contemplated might be triggered by the project at what was then said to be a not-to-exceed cost of $449,322. Since that time, however, legal costs have escalated and the county has now earmarked $1,449,332 to pay for outside legal counsel to represent the county with regard to legal challenges to the project.

The lawsuits allege that the project will drain the aquifer in both the Cadiz Valley and nearby Fenner Valley, wreaking environmental harm; that the approval process for the project which allowed a water district in Orange County more than 217 miles from the project area to serve as the lead agency for the project and oversee its environmental certification violated state and federal environmental laws; that the county of San Bernardino failed to abide by its own desert groundwater management plan in approving the project; that the environmental impact report for the project was inadequate; and that approval of the project violated provisions of both the National Historic Preservation Act and the Federal Land Policy and Management Act, and that the Bureau of Land Management failed to conduct a proper review of the cultural and environmental impacts of the project; that the extraction of the water will interfere with salt mining and other preexisting industrial operations in the area; and other issues.

Plaintiffs include Delaware Tetra Technologies, which operates a salt and mineral mine in the Fenner Valley, the Center for Biological Diversity, the National Audubon Society, the Sierra Club, the International Union of North America Local No. 783, the National Parks Conservation Association, the Colorado River Branch of the Archaeological Heritage Association, Santa Margarita Citizens and Ratepayers Opposing Water Nonsense, and Rodrigo Briones.

Among those inveighing against the project are U.S. Senator Dianne Feinstein and former as-sistant San Bernardino County administrative officer John Goss. Feinstein has publicly stated that the project’s proposed extraction of more than one million acre-feet of water from the Eastern Mojave Desert over the 50-year life of the project will significantly exceed the United States Geological Survey’s estimate of the area’s recharge capability. Goss, who drafted the county’s desert groundwater management ordinance before it was adopted in 2002, said that ordinance was violated when the memorandum of understanding between the county, Cadiz, Inc. and the Santa Margarita Water District had been entered into before a groundwater management plan for the Cadiz project was adopted.

Now joining Feinstein and Goss are members of the Chemehuevi Indian Tribe. Jay Cravath Ph.D., cultural director of the Chemehuevis, said the tribe has “deep concerns” regarding the project. “It will draw considerably more water than the aquifer can replace. It will pose a threat to the ranchers, rural communities and East Mojave landowners. It will do long-term harm to the springs of the precious Mojave National Preserve.”

Cravath went on to state, “What has not been part of the debate is the fact that those are among the ancestral lands of the Chemehuevi. We have traveled the trails for a thousand years. For us, the New York Mountains are akin to the Hebrews’ Mount of Olives; the forests of the Ship Mountains, our Cedars of Lebanon. The ancestors considered those springs not only the life-giving flow, but sacred blessings of mother earth. As this process moves forward, any decision must also weigh the sacred nature of these lands to our tribal members, and those who came before.”

July 14, 2008

George B. Hartzog Jr., 88

Former Park Service director led expansion of nation's wildlife refuges, historic sites



By Matt Schudel
Washington Post




George B. Hartzog Jr. added 70 areas totaling 2.7 million acres, to the Park Service and expanded its reach in urban areas.


George B. Hartzog Jr., a former director of the National Park Service who led an unprecedented expansion of the nation's system of parks, wildlife refuges and historic sites and who helped secure passage of the National Historic Preservation Act in 1966, has died. He was 88.

A resident of McLean, Va., Hartzog died June 27 at Virginia Hospital Center of complications from diabetes and kidney disease.

In almost nine years as director, Hartzog used charisma, political savvy and deep knowledge of the nation's park system to broaden the scope of Park Service programs and to increase their popularity. He expanded the service's mission from wilderness conservation to make it the principal guardian of the nation's historic patrimony.

He added more than 70 areas to the Park Service, totaling 2.7 million acres, and doubled attendance at the nation's parks and historic sites.

"He was an empire builder," said Robert M. Utley, who was the Park Service's chief historian under Hartzog. "His vision fit right into Lyndon Johnson's Great Society ideas."

Except for the Park Service's founders, Stephen Mather and Horace Albright, Utley said, "I judge George Hartzog the greatest director in the history of the service."

Hartzog expanded the reach of the Park Service in urban areas, introduced programs for volunteers and inner-city youths and promoted living-history interpretations by park rangers, now standard at historic sites around the country. He developed the concept of cultural parks with the establishment of Wolf Trap National Park for the Performing Arts.

In 1966, Hartzog was a key proponent of the National Historic Preservation Act, which increased the range of historically significant properties and created the National Register of Historic Places. The register is administered by the Park Service.

In 1969, when his budget was cut by President Nixon, Hartzog made a daring countermove: He closed all the national parks, including the Washington Monument and Grand Canyon, two days a week.

"It was unheard of," he told Parks & Recreation Magazine in 2005. "Even my own staff thought I was crazy."

As public outcry grew, Congress restored the funding.

Hartzog expanded opportunities for women and minorities. He appointed the first African American park superintendent and promoted women to top jobs. Stewart L. Udall, the former secretary of the Interior who named Hartzog the Park Service's director in 1964, once called him "one of the most inspiring leaders I worked with during my years in the federal government. . . . George Hartzog reminds us of the glories of public service and the legacies our best bureaucrats leave to future generations."

Hartzog was born March 27, 1920, in rural Smoaks, S.C. He grew up in poverty and was preaching in local churches by the time he was 16. When the family's farmhouse burned down, the Hartzogs had to survive on charity.

Hartzog attended Wofford College in South Carolina for one semester before dropping out to make a living. He worked in gas stations and hotels before taking a job as a clerk in a law office in Walterboro, S.C. In less than three years, he passed the state bar exam, without having spent a day in law school.

He served in an Army military police unit in World War II. He worked briefly at the Interior Department before joining the Park Service's legal office in 1946. In 1959, he landed in St. Louis as superintendent of the Jefferson National Expansion Memorial.

While there, he was responsible for building one of the nation's most notable landmarks.

"It was Hartzog," John McPhee wrote in the New Yorker in 1971, "who took a set of plans that had been lying dormant for 15 years and built the great arch of St. Louis."

Not everyone was enamored of Hartzog's outsize personality, and some conservation groups thought he was too eager to build roads and houses in national parks. One person he couldn't please was Nixon. In 1972, Hartzog revoked a permit to use a private dock in Biscayne National Park in Florida. The permit was used by Bebe Rebozo, a close friend of Nixon's. The president promptly fired Hartzog.

For the remainder of his life, Hartzog practiced environmental law and spoke about issues facing the nation's parks. Survivors include his wife of 61 years, Helen; three children; four grandchildren; and a great-granddaughter.

August 2, 2007

Dos Palmas escapes wrecking crew


Bureau of Land Management to reassess property

The Desert Sun


Demolition of the 1920s ranch house at Dos Palmas Oasis has been postponed indefinitely, Friends of Dos Palmas announced on Wednesday.

"A bright new day has dawned for Dos Palmas!" said Jennie Kelly, chair of the North Shore Community Council and a Friend of Dos Palmas, in a prepared statement.

Her enthusiasm came in response to a public meeting with John Kalish of the Bureau of Land Management on Tuesday.

The agency agreed to reassess the adobe this fall using guidelines from Section 106 of the National Historic Preservation Act.

As reported by The Desert Sun last month, the federal Bureau of Land Management had plans to demolish Rancho Dos Palmas if its supporters could not prove its structural soundness or historical significance.

The Friends of Dos Palmas recently acquired photos of the home from the 1930s and 1940s, which they say provide "photographic proof that will support preservation and quite possibly facilitate listing (the adobe) on the National Register of Historic Places."

In the future, the group would like to host "cultural heritage events at the ranch," which may include historical reenactments and an art show.

For now, they are grateful to those who have helped support their efforts to spread the word and save their beloved ranch house.

The group sees the BLM's decision to reassess the property as "the first of many steps to preservation."