State Parks Bulldozed Archaeological Sites for Cabins, Trails, Ex-agency Archaeologist Says

Source: Craig Harris, Arizon Republic – October 29, 2018

Arizona State Parks & Trails has dug up and bulldozed Native American and other archaeological sites without preserving artifacts in a rush to build visitor attractions and make money, a state archaeologist claims. In one case, Parks unearthed ancient stone tools and caused “irreversible” damage to a site dating back 12,000 years, according to agency memos.

The archaeologist, Will Russell, told The Arizona Republic he repeatedly cautioned Parks officials that
the work could violate the law and destroy artifacts, but he was overruled and even threatened by top agency managers, including Parks Director Sue Black. “There are dozens of archaeological sites that have been wrecked” because Parks officials didn’t want to delay development plans, Russell told The Republic. Russell left his job with Parks on Oct. 15 and now works for another state agency.

A high-ranking administrator in Gov. Doug Ducey’s administration appeared to share Russell’s concerns in a July 25 email obtained by The Republic.  Interim Parks Deputy Director Bret Parke wrote about cultural resources “being impacted by development projects,” according to the email. Parke warned the agency in bold letters to not proceed “with any land disturbance without getting clearance” from Russell. Copied on Parke’s email were Black, a Department of Administration executive and Russell.

Russell said agency planners ignored that warning, and in mid-September Parke was moved from Parks to the Department of Environmental Quality, where he had previously worked. Megan Rose, spokeswoman for the Arizona Department of Administration, said ADOA is “actively reviewing the allegations brought forth by Dr. Russell,” and could not comment further. Multiple attempts to reach Parke were unsuccessful. A spokeswoman for DEQ declined to let Parke comment. Black, subject of three separate state investigations for mistreating employees, declined repeated requests for comment.

Russell said he took his concerns directly to Parke, the interim deputy director, who also was a lawyer at ADOA and has close ties to Gov. Doug Ducey and officials in the Governor’s Office. Russell called it curious that ADOA was only now investigating his claims — after officials became aware that he had talked to The Republic.  Parks spokeswoman Michelle Thompson declined to answer questions because Russell’s allegations are “under review.” Thompson did not elaborate. Paula Pflepsen, an archaeologist who was Park’s cultural resource manager until she quit in February 2017, said she had the same concerns about work at the agency.

‘Dozens’ of sites wrecked

Russell said disagreements over preservation grew so intense Black stormed into his office one day last
spring and yelled at him. She cocked her arm with a clenched fist, threatening to hit him, he said. Russell said as a result he was rarely permitted to leave the agency’s central office to conduct archaeological surveys or do damage assessments at the state’s 35 parks. He also wasn’t allowed to communicate with field staff or other governmental agencies, he said. “The agency’s mission is to protect and preserve natural and cultural resources, but we aren’t doing any of that. We are just putting up cabins and making money,” Russell said. “One of her favorite adages is ask for forgiveness rather than permission. But she doesn’t even ask for forgiveness, and she certainly never tries to go back and fix problems.”

Russell claims that under Black’s direction, the agency:

  • Built a garden in an archaeological site at Tonto Natural Bridge State Park, north of Payson, after being told to wait for an archaeological investigation. Russell noted in an April 14 memo to three Parks executives that the damage affected historic properties and “is irreversible, was not authorized, and was not monitored by a qualified archaeologist.” The memo also says work at the site exposed artifacts including “two lithic tools.” The site likely has “been visited or occupied over the span of 12 millenia or more,” and could have provided information about Apache subsistence and demography that has “thus far eluded Southwestern archaeologists,” he wrote.
  • Expanded a picnic area into a historical homestead site at Slide Rock State Park in Oak Creek Canyon, north of Sedona. In March 16 memo, Russell noted a historic roadway ended at a large area that had been bulldozed and unauthorized development work had been done, causing “land disturbance.” “This is a serious violation of several statutes, policies and acceptable practices,” Russell wrote. “If an ancestral Native American sited had been damaged, it would have added considerable liability.”
  • Built a trail in 2016 at Granite Mountain Hotshots Memorial State Park near Yarnell that went through a Native American archaeological site after being warned not to. Russell said when he tried to address the problem, Black rebuffed his efforts and removed him from his role as tribal liaison.
  • Refused to allow employees responsible for environmental or archaeological compliance to do their jobs.

Walter “Skip” Varney, the agency’s former chief of development, called Russell “very reputable” in his field. Varney, who left Parks in May, confirmed all of Russell’s allegations except those involving the Granite Mountain Hotshots Memorial State Park, saying in that case proper procedures were followed. Varney said Russell’s greatest concern “was to make sure we took care of archaeological sites and did it properly.” “She (Black) was frustrated with the archaeological process,” said Varney, who once served as Black’s deputy director. “She wanted to get projects on the ground, and she and Will went back and forth. … It was all about new development and squeezing in as many campsites and trailers.”

State law prohibits defacing sites

The Arizona Antiquities Act outlines how archaeological and paleontological discoveries on state land should be reported and handled. It prohibits defacing protected sites and artifacts. Russell said county attorneys, the state Attorney General and U.S. Attorney’s Office prosecute alleged violations of that law, depending on where the violations are alleged to have occurred.  Pflepsen said Parks, under Black, regularly violated the state Antiquities Act in order to generate additional development revenue. Parks would have to ask authorities for such an investigation.

Russell said he raised his concerns with the State Historic Preservation Office, which assists entities in complying with historic preservation laws. SHPO is also under Black’s jurisdiction. State Historic Preservation Officer Kathryn Leonard said she was unable to comment without Black’s authorization. The agency did not allow Leonard to speak to The Republic. Russell also made his complaints known to various tribes and federal agencies during his roughly one year on the job.

‘What is your true intention?’

The most heated exchange between Russell and Black arose from his questions about Parks land near Lake Havasu, slated for development as the Havasu Riviera resort.  Russell said the land was bulldozed without proper archaeological compliance.

When Russell posed questions about the site in a March 29 memo to state and federal agencies and several Native American tribes, he said Black stormed into his office and screamed at him.  “She said ‘How dare you do this? This is a $300 million project, and you could have derailed the whole thing,'” Russell said. “Then she leaned over me with a clenched fist and said, ‘What is your true intention?'”

Russell said Deputy Director Jim Keegan the next day forced him to sign an apology letter to those agencies and tribes and retract his concerns. The terse, four-paragraphletter, which Russell said he did not write, states he had not “exhausted all of my internal resources in researching the background on the project” and that he didn’t follow proper protocol. The statement, on Parks letterhead, refers questions to Keegan, a longtime friend of Black’s who has a felony criminal record.

The style of writing in the apology letter differs greatly from the technical writings of Russell in hundreds of other documents he provided to The Republic. Russell said Keegan wouldn’t let him leave the building to pick up his children until he signed the letter, and he was afraid Black would fire him. Russell said he signed it after insisting that some of the grammar be corrected.  In retrospect, Russell said he’s embarrassed he signed the letter. “I never should have allowed that to happen,” he said. Keegan, when reached Thursday on his personal cellphone, referred questions to Thompson, the agency spokeswoman. She declined to comment.

Rapid turnover continues at Parks

Russell became the 36th full-time employee to leave the agency this year. The agency has 179 employees; 118 have quit or been fired since Ducey appointed Black in February 2015, according to public records obtained by The Republic. After The Republic requested comment regarding Russell’s claims the Governor’s Office said in a statement Wednesday that the allegations are “under review.”

“This administration cares deeply about protecting and preserving Arizona’s history and we expect our agencies to conduct their operations accordingly. We’ve also placed priority on forging strong relationships with Arizona tribes and the Native American community at all levels of state government,” said Daniel Ruiz, a spokesman for Ducey. Black has during her tenure faced numerous allegations of inappropriate and disrespectful behavior, including berating employees in front of other staff, disclosing confidential information, using racial slurs, getting drunk and belligerent while representing the agency at conferences, and trying to circumvent the state procurement code.

The allegations have led to three investigations, but Black has faced no discipline other than to have one of Ducey’s top administrators counsel her on how to treat employees.  Russell, 46, is the first former employee to publicly accuse Black of ignoring state and federal laws to boost revenue at Parks and has released documents to support his claims. He provided The Republic with hundreds of records, including some that were redacted. He said some of the issues arose before he started working at Parks in June 2017.

‘She doesn’t think compliance laws apply to her’

Despite a stream of controversies at Parks, Duceyhas continued to stand behind Black, praising her efforts to raise revenue at the agency and citing her winning a national award even as she has faced investigations of allegations that she has mistreating staff.  Ducey gave her a raise of more than 9 percent in November 2016, bringing her annual pay to $175,000. Black’s predecessor was paid $136,000 annually. The agency has distributed several photos of a smiling Ducey with Black, who is holding the award recognizing the nation’s best-run state parks program.  Ducey’s campaign spokesman, Daniel Scarpinato, declined to answer questions about the latest allegations against Black.

After leaving Parks this month, Russell, who studied anthropology at Arizona State University, where he earned his Ph.D. in 2016, was hired to do similar work for the state Department of Transportation. “All Sue Black cares about is her image and making money,” Russell said. “She doesn’t think compliance laws apply to her. She doesn’t think she needs permits to excavate or to do (archaeological) surveys. And she sees no point in collaborating with tribes.” Russell also questioned why Ducey keeps Black in her job in the face of yet another investigation into her treatment of staff. He said Black continually berated employees, including him. “She calls herself the Teflon director. She think she’s above the law. And thus far, she’s right,” he said. “Nothing sticks on her. The hubris is unreal.”

Reach the reporter at [email protected] or 602-444-8478 or on Twitter @charrisazrep.

Land and Water Conservation Fund Lauded for benefiting recreation, criticized for land acquisition

Source:  ASU Now by Mary Beth Faller, September 2018

The patio of the clubhouse at Encanto Park in Phoenix was an oasis of shade on a hot, sunny day earlier this week. There, Arizona State University Professor Dale Larsen described how a federal funding program has given millions of dollars to the city to create hiking trails, playgrounds, picnic areas — and shady spots.

That 54-year-old program, the Land and Water Conservation Fund, is set to expire Sept. 30. Over five decades, Arizona has received more than $230 million from the fund, which it has passed on to municipalities for projects including South Mountain Park and Goodyear Community Park, to state parks including Lost Dutchman and Slide Rock, and even to the Arizona Board of Regents for a park at the ASU West Campus.

The fund gave a total of $100 million to all 50 states this year, including $2.1 million to Arizona.

Video by Deanna Dent/ASU Now

The money does not come from taxpayers, but from fees paid by energy companies that extract oil and natural gas along the Gulf Coast, according to Larsen, a professor of practice in the School of Community and Development. He was assistant director and then director of Phoenix’s Parks and Recreation Department for 27 years, retiring in 2010.

“That bipartisan legislation was an innovative way to share those funds all over the country in parks, conservation areas and wildlife areas as sort of an environment tradeoff,” he said.The fund divides the revenue into federal and state portions according to a formula that changes frequently, but for many years it was 60 percent federal and 40 percent state.

“Phoenix and other municipalities benefit from the state side,” he said. “The rest would go to federal agencies for purposes primarily of acquiring and expanding their federal property footprint, primarily in Western states. So the rub, over the years, has been from Western state legislators who think the LWCF has been used as a land grab for federal properties to be expanded, which would then preclude the opportunity for mining, for grazing or for hunting and fishing.”

The National Park Service, Forest Service, Fish and Wildlife Service, and Bureau of Land Management use the fund to acquire more land. The conservative Heritage Foundation supports allowing the fund to expire, not only because the organization opposes expansion of federal lands but also because federal money is going to support local projects that should be funded in other ways.

U.S. Rep. Rob Bishop, R-Utah, chairman of the House Natural Resources Committee, blocked reauthorization of the LWCF in 2015 because he believed too much of the money went to buy land in the West. However, this year, Bishop co-sponsored the Restore Our Parks and Public Lands Act, with Raúl Grijalva, D-Ariz., to permanently restore the fund and also allocate money toward the $12 billion maintenance backlog at the National Parks Service.

Larsen said that the program has been frozen and temporarily extended a few times, but never been allowed to expire. The city of Phoenix has received more than $10 million from the Land and Water Conservation Fund since it began. Larsen teaches a class at ASU called “creating community,” and he tells his students that parks not only provide recreational and environmental benefits but they also have an economic impact.

“Parks, if they’re managed properly, tend to increase the property values of the neighborhood they’re located in,” he said. But a poorly maintained park, with trash and graffiti, can lower property values. “In Phoenix, what is the most treasured commodity? Shade,” he said.“The LWCF provides shade development opportunities so people can enjoy those parks.”

Baby boomers retire here for the hiking, yet Arizona starves its parks. How smart is that?

Source:  Opinion by Linda Valdez – Arizona Republic – azcentral.com – September 17, 2018

Opinion: Arizona’s environment is an asset. Yet we are starving the state parks that provide exactly
what baby boomers say they want from us.  Arizona’s has a fast horse in the race to attract Baby Boomer retirees. But our state is starving the poor beast. Recent census figures put Arizona second only to Florida as a destination for today’s retirees, according to reporting by The Republic’s Catherine Reagor. And what is at the top of the list of what these retirees want? — Hiking. It’s the great outdoors that Baby Boomer retirees crave, and we’ve got plenty of it. But we aren’t taking care of it.

Consider:

  • The total operating budget for Arizona’s State Parks was $29 million in fiscal 2018, according to the Joint Legislative Budget Committee. This is $15 million less than what Arizona State University’s Morrison Institute said was needed in 2009 to operate and maintain the state’s parks.
  • Since 2009, state parks have gotten no general fund money.
  • The parks don’t get to use all of the money they bring in through gate receipts and concessions. That money goes into the State Parks Revenue Fund, which reported total revenue of $20,460,700 in fiscal 2018. Only $14.4 million of it was appropriated back to the parks.
  • More than a decade ago – in 2007 – the parks had fewer visitors and more money. The fiscal 2007 parks budget was $37 million, and that included $27 million from the general fund.
  • During the recession, Arizona’s GOP-controlled Legislature stripped away $10 million a year in Heritage Fund money that had been dedicated to the parks by a 1990 citizens’  initiative. This funding, which came from the Lottery, has not been restored.
  • In 2014, then-Parks Director Bryan Martyn put a $80 million price tag on the cost of needed capital improvements in the parks – no-frills things like water lines and septic tanks.
  • Gov. Doug Ducey’s Parks Director Sue Black has faced criticism and investigations over her treatment of staff, according to reporting by The Republic’s Craig Harris. Concerns about her leadership remain but have not been resolved.

Open spaces mean economic growth

This isn’t just about the spiritual, emotional and psychological benefits nature provides to those who take the time to get out into the wide open spaces. This is about cold, hard cash. It’s about planning for an economically sustainable future. Arizona’s environment is an asset. It attracts people. That’s increasingly true as the large cohort of Baby Boomers look for retirement options that include outdoor experiences. Our State Parks include first-class natural, archaeological and historical sites. The parks need to be properly maintained to conserve the resource and give visitors a first-class experience.

It’s a National Parks problem, too

Arizona’s parks – along with Arizona’s wealth of National Parks and other federal lands – give us an edge in attracting Baby Boomer retirees who have money to spend on an outdoor lifestyle. And guess what? There’s a problem at the national level, too. The Restore Our National Parks and Public Lands Act of 2018 aims to begin spending on deferred maintenance on federal public lands. The price tag in Arizona alone is $531 million, including $330 million in needed maintenance at Grand Canyon National Park. Democratic Reps. Raul Grijalva and Kyrsten Sinema are original sponsors. Other Arizona House members signed on are Democratic Reps. Tom O’Halleran and Ruben Gallego, as well as Republicans Andy Biggs and Debbie Lesko. The bill is not moving.

Arizona’s missed opportunity

Meanwhile, back in Arizona, Ducey and his Republican colleagues in our Legislature like to talk about their commitment to economic development. But they lack awareness of how to market and maintain Arizona’s natural assets. They are systematically starving the horse that can help us win the national competition for retirees who want exactly what our state parks offer.

Reach Valdez at [email protected].

 

Protect the Federal Land and Water Conservation Fund

Special to the Arizona Daily Star by Liz Petterson – August 2, 2018

“Few of us can hope to leave a poem or a work of art to posterity; but working together or apart, we can yet save meadows, marshes, strips of seashore, and stream valleys as a green legacy for the centuries.” — Stewart Udall

Tucson-based Arizona Land and Water Trust partnered with the federal Bureau of Land Management in 2014 to add 356 protected acres to Ironwood Forest National Monument northwest of Tucson.  Home to Ironwood trees reaching over 800 years in age, the property provides steep, rocky slope habitat for desert bighorn sheep, the last endemic population in the Tucson basin. The funds for the property’s protection came from the Land and Water Conservation Fund.

Created by Congress in 1965, and spearheaded by then Interior Secretary and former Arizona congressman Stewart Udall, Land and Water Conservation Fund was a bipartisan commitment to safeguard natural areas, water resources and our cultural heritage, and to provide recreation opportunities — not with taxpayer dollars, but with a small portion of federal offshore drilling fees.

Now, the Land and Water Conservation Fund is set to expire on Sept. 30. It is critical that the Land and Water Conservation Fund be permanently reauthorized with full, dedicated funding. The fund is authorized to receive up to $900 million annually but over the years, more than $20 billion have been diverted elsewhere. Even so, the fund has protected land in every state over its 53-year history and supported more than 41,000 state and local park projects.

Arizona has received approximately $235 million in fund dollars, protecting places such as the Grand Canyon and Saguaro National Parks, Lake Mead National Recreation Area, Buenos Aires National Wildlife Refuge, Tumacácori National Historical Park and San Pedro Riparian National Conservation Area.

In Pima County alone, the fund has contributed to more than 150 projects, including the City of Tucson’s Reid, Kennedy, Udall, Fort Lowell and Lakeside parks; a dozen school and local park playgrounds, courts, sports fields and swimming pools; Dennis Weaver Park in Oro Valley; Tucson Mountain and Arthur Pack regional parks and The Loop in Pima County; and Catalina State Park.

Arizona’s natural beauty and its recreational opportunities fuel the state’s economy. According to the Arizona Department of Tourism, 43 million people visited Arizona in 2016 and spent $21.2 billion in the state, supporting 201,000 jobs and generating $5.7 billion in wages and salaries and $1.4 billion in state and local tax revenue.

Legislation proposed in Congress to permanently reauthorize and fund the Land and Water Conservation Fund, including one introduced by Rep. Raúl Grijalva, continues to have bipartisan support. A March 16 letter to leaders of the House Subcommittee on Interior, Environment and Related Agencies supporting the fund was signed by Reps. Grijalva, Kyrsten Sinema, Ruben Gallego, Tom O’Halleran and Martha McSally.

Arizona Land and Water Trust has worked with willing landowners and government agencies — BLM, U.S. Fish and Wildlife, Arizona Game and Fish, Fort Huachuca and Pima County among others — for 40 years to protect 50,000 acres of wildlife habitat and working ranches and farms in Southern Arizona for future generations.

We were honored to receive the assistance of the Land and Water Conservation Fund in 2014. It makes sense to use a small portion of the fees from the withdrawal of our country’s natural resources to preserve its beautiful and environmentally critical places.

Please contact your representatives and senators. Don’t let the Land and Water Conservation Fund expire.