Changes in Federal Law and Policy: Effects on Cultural Resources in Organ Pipe Cactus National Monument

Abstract

This study examines how changes and waivers to federal regulations affect cultural resource management (CRM) professionals and the cultural resources they protect, focusing on Organ Pipe Cactus National Monument (ORPI) and the southern Arizona border region. Through document review and interviews with CRM practitioners, the research explores the impacts of the 2020 amendments to the National Environmental Policy Act (NEPA) and the waivers issued under Section 102 of the REAL ID Act of 2005 for border wall construction. The findings reveal that while the 2020 NEPA changes had limited immediate effects on CRM professionals and cultural resources in ORPI, the use of law waivers under the REAL ID Act led to significant adverse impacts. The waivers removed legal requirements for environmental and cultural resource review, leading to insufficient impact prediction, reduced mitigation, and greater harm to resources and heritage sites, particularly at Quitobaquito Springs and along traditional Indigenous routes. The study underscores the importance of regulatory processes, agency communication, and professional involvement for effective cultural resource stewardship. It concludes that although regulatory streamlining may not greatly alter CRM practices in low-project areas like ORPI, removing legal safeguards through waivers poses substantial risks to both cultural resources and the professionals responsible for their protection.