[Federal Register: January 9, 2006 (Volume 71, Number 5)]
[Notices]
[Page 1406-1407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja06-9]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 1406]]
ADVISORY COUNCIL ON HISTORIC PRESERVATION
Notice Seeking Public Input on ACHP Formal Comments Regarding the
Replacement of Microwave Communications System in Mount Graham, AZ
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice Seeking Public Input on ACHP Formal Comments Regarding
the Replacement of a Microwave Communications System in Mount Graham,
Arizona.
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SUMMARY: The Advisory Council on Historic Preservation will be
accepting public comments in preparation for issuing formal comments,
under the National Historic Preservation Act, to the United States
Forest Service regarding its intent to issue a special use permit for
the replacement of a microwave communications system in Mount Graham,
Arizona.
DATES: Comments must be received on or before January 13, 2006.
ADDRESSES: Address all comments to John L. Nau, III, Chairman, c/o
Stephen Del Sordo, Advisory Council on Historic Preservation, 1100
Pennsylvania Avenue, NW., Suite 809, Washington, DC 20004. Fax (202)
606-8672. Comments may also be submitted by electronic mail to:
sdelsordo@achp.gov.
FOR FURTHER INFORMATION CONTACT: Stephen Del Sordo, (202) 606-8580. E-
mail: sdelsordo@achp.gov. Further information may be found in the ACHP
Web site: http://www.achp.gov.
SUPPLEMENTARY INFORMATION: The Advisory Council on Historic
Preservation (ACHP) is an independent Federal agency, established by
the National Historic Preservation Act (NHPA), that promotes the
preservation, enhancement, and productive use of our Nation's historic
resources, and advises the President and Congress on national historic
preservation policy. Among other things, the ACHP issues formal
comments to Federal agencies per section 106 of the NHPA.
Section 106 of the NHPA requires Federal agencies to take into
account the effects of their undertakings on historic properties and
afford the ACHP a reasonable opportunity to comment on such
undertakings. The procedures in 36 CFR part 800 define how Federal
agencies meet these statutory responsibilities.
When a Federal agency is unable to reach an agreement to avoid,
minimize or mitigate the adverse effects of its undertaking, it must
seek the formal comments from the ACHP. 36 CFR 800.7.
On December 5, 2005, the ACHP received a letter from the United
States Forest Service (FS), informing the ACHP that the FS has
terminated the consultation towards reaching such an agreement with
regard to the undertaking described below, and has requested the formal
comments of the ACHP. This notice seeks public input on the ACHP formal
comments that will be sent to the FS.
Undertaking Summary
The University of Arizona (UA) has been working to establish the
Mount Graham International Observatory (MGIO) since the early 1980s.
Passage of the Arizona-Idaho Conservation Act (AICA) in 1988 instructed
the Forest Service (FS) to issue a special use permit for the MGIO and
permitted the construction of the MGIO on 8.6 acres within the Coronado
National Forest in southern Arizona. AICA authorized the construction
of at least three, but not more than seven, telescopes within the
compound, along with necessary support facilities. At the present time,
the MGIO consists of the Vatican Observatory Telescope (VOT) and the
Hertz Submillimeter Telescope (HST).
A Large Binocular Telescope (LBT) is due to be activated within the
next year. In anticipation of the activation of the LBT, the UA, in
September 2003, asked the FS to amend the existing special use permit
to construct an improved microwave communications tower. At that time,
the proposed tower was to be located outside the MGIO compound. Based
on a variety of issues, among them were tribal concerns, the UA, in
August 2004, changed the proposed location to one inside the MGIO
Compound. Once the new tower is installed, the existing microwave
communications tower will be removed. The construction of the new
microwave communications tower is the undertaking that has been the
subject of section 106 review and will be the subject of the ACHP
formal comments.
Affected Historic Properties
Mount Graham is sacred to the Western Apache tribes and one of four
such mountains in Apache cultural tradition. The tribes believe that
the mountain, known as Dzil nchaa si 'an, is home to the ``gaan'' or
mountain spirits, source of sacred powers, and a place of prayer and
traditional practices. In addition, the mountain is a source of plants
and other materials used in Apache traditional practices and
ceremonies. Following a formal request from the FS in 2002, the
National Park Service determined that the Mount Graham Traditional
Cultural Property (MGTCP) was eligible for listing on the National
Register of Historic Places, and therefore a ``historic property''
under the scope of the section 106 review process.
History of Consultation
At first the FS determined that the new tower would have no adverse
effect on the MGTCP. However, the tribes objected, arguing that the
MGIO complex and the metal of the buildings and support structures, to
include the proposed metal monopole, interfere with their prayers on
the mountain and diminish their ability to communicate through prayer.
Accordingly, in September 2004, the FS reversed its decision and
determined that the new tower would have an adverse effect. The FS
therefore invited the Arizona State Historic Preservation Officer
(SHPO), UA, the San Carlos Apache Tribe, the White Mountain Apache
Tribe, the Yavapi Apache Tribe, Apache Survival Coalition, and the ACHP
to consult to attempt to reach a Memorandum of Agreement (MOA) which
would include measures to mitigate the adverse effects.
The first meeting to discuss the various options for the microwave
tower was held in December 2004. Further meetings were held among the
consulting parties, but little progress was made. The last consultation
meeting was held in June 2005. While it was then agreed that tribal
representatives would provide
[[Page 1407]]
mitigation language for the MOA and that the parties would meet in
August to review a revised MOA, such a meeting was never held. In early
August, the FS chose to sign a slightly revised MOA, secured the
signature of UA, and then, in a letter dated August 8, 2005, asked the
other consulting parties to sign the MOA. Arguing that FS had violated
an agreed upon approach, the tribes refused to sign the MOA. The ACHP
provided the FS some recommended language for the MOA that included the
use of a laminated wood pole, consultation protocols for projects at
Mount Graham, and a management plan for the mountain, but those
recommendations were not accepted.
As stated above, on a letter received by the ACHP in December 5,
the FS notified the ACHP of its decision to terminate consultation and
seek the formal comments from the ACHP.
Again, the ACHP seeks public input on those formal comments that
ACHP will send to FS.
Dated: January 4, 2006.
John M. Fowler,
Executive Director.
[FR Doc. 06-160 Filed 1-6-06; 8:45 am]
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