1.
I’m not fishing for work – just trying to make
sure people who may find use for my help are aware it’s available.
2.
If you’re going to ask for my help on a case,
please consider doing so EARLIER rather than LATER. It’s understandable that people often contact
me only when they find themselves in trouble, with things going very much
against them, but by that time it’s often too late for me to be of much
help. Too many decisions have been made,
too many assumptions have gone unchallenged.
Example: a couple of years ago I was contacted by landowners
in a western state who were trying to fight the expansion of a federal
facility; they felt – with good reason – that it would drastically alter the
character of the land on which for generations they had lived and ranched. The “responsible” federal agency,
predictably, had equated “cultural resources” in its NEPA and NHPA studies with
“archaeological sites” and “old buildings.”
The obvious point of attack was to advance the premise that the
potentially affected lands were eligible for the National Register as landscapes
that comprised traditional cultural properties (TCPs). A good argument could have been made for this
premise, potentially forcing the federal agency into face-to-face consultation
with the landowners (which, of course, the agency really didn’t want to
do). But by the time they contacted me,
the landowners had long since gotten sucked into nit-picky arguments about the
archaeological techniques used to identify sites, and the architectural
character of particular buildings; in other words, they had accepted the premises
upon which the agency’s faulty compliance with NEPA and NHPA was built. That’s what they’d written about in their
comments on NEPA documents and on a proposed NHPA Section 106 memorandum of
agreement, and it was really too late to raise the whole “new” issue of TCP
landscapes.
In another case, I was asked to help get an agency to do a
better job of handling the discovery of a tribal ancestral burial site during
construction of a project. But the
project was being carried out under a strange sort of agreement in which the
tribe had concurred, that essentially substituted “monitoring” during
construction for proper compliance with NEPA and NHPA. I had to tell them that they’d shot
themselves in the foot, and I couldn’t do anything about the wound.
So please, if you think you may need my help, contact me
early, when I can be most helpful.
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