Fort Ward and Section 106 of the National Historic Preservation Act: Insider's View

Fort Ward and Section 106 of the National Historic Preservation Act: Insider's View

From: "Robert Sutton"
To: "glenn eugster"
Sent: Tuesday, February 3, 2009 3:36:48 PM
Subject: Re: Section 106 Info

Hi Glenn:

It was great to see Debbie again, and she was enormously helpful.  Thanks
for setting up the meeting.

Regarding Section 106, the provisions apply only to federal or federally
assisted projects.  Being on the National Register does not provide any
special protection vis a vis Section 106.  Now, that said, many cities have
their own ordinances that mirror Section 106, so that it would have the
same protection, but through the city rather than through the Feds.  From
my experience in Virginia at Manassas, the commonwealth does not have any
provision to mirror 106 in the state, but Virginia does have a very strong
grave protection law, so if they plan to mess around with graves, you might
have something to hang them up on.

Many local projects have federal money tied to them in some way.  You might
check on that, and if there is federal money, 106 would apply, or short of
that check with the local ordinances and the state grave protection
program.  Unfortunately, over the years, I have seen many projects happen
that destroy historic or archeological sites because there was no way to
use 106.

Anything else I can do to help, just let me know.

Bob

Robert K. Sutton, Ph.D.
Chief Historian, National Park Service
1201 Eye Street, NW
Washington, DC 20005
202 354-2214
202 371-2229 fax