Dig It?
Friday, October 16th, 2009
Politicians, policy-makers, and pundits be warned! There’s a new player in town, a hot-off-the-presses pressure group with plans to make its views known, forge alliances with like-minded factions, and endorse candidates.
It’s Vermont’s archeologists.
Both of them.
Okay, maybe all 40 of them, splitting down the middle the “about 30-to-50” estimate of Jeremy Ripin, one of two co-chairs of the newly-formed Vermont Professional Archaeologists’ Association.
But don’t dismiss them too easily. They have potential allies among historic preservationists, environmentalists, and the Abenaki. They are likely to have a goodly chunk of the general public on their side, possibly even a majority. There is, after all, something close to a consensus that historical preservation, including archeological protection, is good for business.
Then, too, these archeologists are really motivated.
There’s nothing all that new in the events motivating them. In fact, they have been dealt with here, most recently on July 31, and not much has changed since then, at least not in public.
Let’s try to explain what’s going on here, at the risk of some inevitable over-simplification, inevitable because we have to deal with intertwining laws and regulations, not to mention the powers and responsibilities of several obscure state agencies (the Natural Resources Board, not to be confused with the Agency thereof; the Department of Historic Preservation [part of another agency altogether]; the State Archeologist; the Historic Preservation Officer; the District Environmental Commissions, and more).
Gov. Jim Douglas’s administration wants to change the administrative rules under Act 250 that determine whether a chunk of Vermont which somebody wants to develop first has to get checked out to see if some ancient artifacts might lie beneath it.
According to the archeologists and their supporters, the changes would make it less likely that historic and pre-historic sites would be discovered and protected. As a result, they say, Vermont would be the poorer. So would they.
In fact, the leaders of the new association are refreshingly candid about having some self-interest in this controversy, not that there’s anything unusual about a pressure group looking after its own, or any necessary contradiction between looking after one’s own and promoting policies in the public interest.
“We’re the professional archeologists,” Ripin said, “We do the excavating and looking for sites. This ‘no new sites’ policy could mean the loss of 30 to 40 jobs.”
By ‘no new sites’ policy, Ripin was referring to the changes being proposed in the Act 250 administrative rules that, in his view, would limit the search for archeological material to areas where such objects have already been found.
“If they change this rule, other sites will never be found,” he said. “They’ll be bulldozed.”
As even some other archeologists see it, the “never” there might be something of an overstatement. The proposed changes would allow investigation in new areas under certain circumstances.
But the archeologists do seem to be over-stating their case less than is the Agency of Commerce and Economic Development (under which is the Division of Historic Preservation, whose director – an acting director these days – is the state Historic Preservation officer). In an email message, David Mace, the spokesman for the Agency, said the changes are “designed to make the rule comport with the statutory language and clarify the roles of the parties.”
For several reasons, this seems debatable at best. First, the plain meaning of the text indicates that the proposed changes are substantive. At least twice, the proposals would change the criteria for considering whether archeological investigation may be needed from land having “historically significant resources” or “potentially significant…resources,” which would include archeological materials, to “a historic site,” which might not. At another point, it changes the wording of a sentence that reads “A number of steps are necessary to identify archeological sites.,” to “a number of steps may be necessary…” Twice it removes the words “potentially significant property resources” as a reason state officials should examine “the effect of the (proposed) project” on possible archeological material.
All of which seems to support the contentions of archeologists that under the proposed rules, the state would require developers to look for archeological objects only where such objects had already been found nearby. Anywhere else, “only in exceptional circumstances” would even the most superficial check of the terrain be required.
The Agency’s proposed changes might also threaten the funding stream that finances archeological exploration. Now, the developer who wants to bulldoze the land files an application that sets in motion the process of determining whether the land has possible archeological value. (The answer is usually ‘no,’ and in more than 90 percent of the cases, there is no cost to the developer, though when there is, it can be several thousand dollars.)
The new proposals would finance the process through a small fee charged to all developers. Some archeologists, including Professor John Crock, head of the University of Vermont’s consulting anthropology program, think this might be a good idea.
Right now, said Crock (who is not in the new archeologists political organization), the burden falls “unevenly on developers that just happen to be working in areas where there are significant archeological sites.”
But he said the proposals as written are so vague that effectively there is “no plan,” and the proposals “don’t explain how archeology is going to get funded.”
In addition, according to a source familiar with the process but preferring to remain anonymous, some state officials are already trying to weaken the protection for potential archeological sites. This source said that the Historical Preservation Division is understaffed and is still being led by an acting director, months after her predecessor retired (or was forced out, as some say).
Besides, nobody makes changes in rules, especially over the objections of legitimate constituencies (in this case, the Abenaki and environmentalists in addition to the archeologists) just to “clarify” a process. Rules are changed to make a difference in the outcome. Somewhere in the Agency of Commerce and Economic Development, somebody wants weaker protection for potential archeological sites.
Who and why is not clear. Crock said he hoped it was not some “hot button right-wing issue,” but that could be as good a guess as any. The obvious beneficiaries of weaker regulations would be the building contractors, land developers, and realtors. But considering that only a smattering of projects incur any costs at all, ideology could be a bigger factor than economics.
The archeologists say that Vermonters care about their history. No doubt many do. But in some circles these days there is an active – even an aggressive – hostility not just to history, but to scholarship and intellect in general. It’s essentially a tribal impulse, a desire to strike back at “them” on behalf of “us.” In this case “them” are scientists, environmentalists, intellectuals in general, who seem to be condescending to “us” (developers and other businessmen).
Seem to be because sometimes they are.
The same phenomenon explains, at least to some extent, global warming denial as well as the intensity of some conservative ideologues for drilling in the Arctic National Wildlife Refuge. The ideologues are more devoted than the oil companies, who know that there might not be all that much oil in ANWAR. The ideologues care less about oil than about annoying environmentalists.
Whatever the motivation behind these proposed changes, one knowledgeable source calling their ultimate adoption “a done deal.” The Legislative Committee on Administrative Rules, probably more sympathetic to the archeologists, can delay but not veto the final decision of the Administration. (But if LCAR votes against the changes they would be more vulnerable in a court case).
Of course, it may not be a “done deal.” The process is not over. In fact, the new rules have not even been formally proposed, though David Mace’s memo said that would probably take place within the month. On October 27, Mace said, the “Vermont Advisory Council on Historic Preservation ( citizens group appointed by the governor) and the Natural Resources Board will meet to discuss the archeology rule.”
All assuming that the process can survive the political juggernaut of the newly energized archeologists.







