Tuesday, July 13, 2010

Army ignores/evades more laws

Just like the ban on spending, and the federal judge's ruling on historic use of the PCMS, the Dept of the Army chooses to ignore yet another law. 

Fort Carson has recently been found to once again having tried to avoid compliance with historical and preservation federal law requirements called 'Section 106'.  It was found that Fort Carson was planning on burying electrical lines on the current PCMS, yet they had failed to initiate consultation with the State Historic Preservation Office and other entities as required by Federal law. 

After finding out from anonymous sources that the PCMS was preparing to bury approximately 8 miles of overhead electrical lines, the State Historic Preservation Office (SHPO) contacted Fort Carson to determine if such a project was underway.  After confirming the project, Fort Carson indicated that they had mistakenly thought that they could review the project through the NEPA process and did not have to undertake Section 106 review.  This is the same excuse Fort Carson used in 2008 when they completed the Installation Information Infrastructure Modernization Program (I3MP) at Fort Carson and the PCMS without any Section 106 review.  The I3MP project included approximately 125 miles of underground fiber optic lines, six communication towers and equipment shelters. 

After being told once again that they must comply with Section 106, Fort Carson initiated consultation for the underground electrical lines on June 24, 2010

Many places on the PCMS have been determined significant historic sites.  Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to conduct Section 106 review and consultation any time their federally funded activities and programs have the potential to adversely effect significant historic properties. "Significant historic properties" are those properties that are included in, or eligible for, the National Register of Historic Places. The National Register is a list of districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, and culture. The National Register is administered by the National Park Service in conjunction with the State Historic Preservation Offices (SHPOs).  The Section 106 process is specifically designed to include the local government entities and the public.

Once again Fort Carson/PCMS has demonstrated a pattern of attempting avoidance and non-compliance with federal law.  Expecting Fort Carson/PCMS to adhere to the law of the National Historic Preservation Act is not placing any greater requirement on them than every other military base and government agency in the country.  Every military base must adhere to the National Historic Preservation Act and Section 106, and many bases take that responsibility seriously and do a good job.  Unfortunately, Fort Carson/PCMS has demonstrated a very different pattern.

Read more about Section 106 at http://www.neh.gov/grants/guidelines/Section_106_FAQs.htm

No comments:

Share |
Powered By Blogger

Our youth is our future

Our youth is our future
Regionwide support