20170927-0028 FERC PDF (Unofficial) 09/27/2017

NITHPO
Narragansett Indian Tribal Historic Preservation Once
6
4425 A South County Trail
Charlestown, RI 02813

18 September 2017

Eric Howard
Tribal Coordinator
Federal Energy Regulatory Commission
888 First Street, NE
Washington DC 20426

RE: Response to letter dated 23 August 2017 from Terrance Doyle, Enbridge
Avoidance and Protection Plan for Cenimoniai Stpne Lsudscapa Features in New York .
Atlantic Bridge Project: FERC Docket,CPS&9-00 .. I "I

Greetings, FERC Tribal Caordinator, Eric Howard:

C

The working relationship with Te'crbnce Doyle, Manager, Envirzinmental consiruction permitting
and his team has been extremely cooperative during the Atlantic BHdgeWroject.', I recognize and
commend the stated effort and plan to protect,tbe Ceremonial.gtohe Landscape Features within the
project area.
I
l

However, on behalf of the Narraginsett Indian Tribal Historic. Preservation Office, I am greatly
concerned by specific choices of words arid the apparent inti)rit of the letter ks it presents significant
challenges and thus undermines the federally defined Tribal consultation role purspant to 36 CFR 800.
The first bullet on page one is most troublesome;
"The Tribes Identified 34 CSL features, or groups of related features,'lbng the Stony
Point Discharge faciVity in Yorktown and Somers, New York and they. believe that all 34
CSL features are eligible for jisting in the NRHP under Iyiterla A and D (see table and
mapping included as Ertclosute,l). The Applicants respect the oolnions of the Tribes and
their commitment to preserving historic'propertiek df traditi'onal religious and cultural
significance to them. However, it is the opinion of the Applicants that the report
prepared by the Tribes and CLR does not prtadde'gufficientinformation for Applicants
and other non-tribal parties, indudihg the FERC and'tfie New York State Historic
Preservation Officer ( SHPO ), to evaluate how the identified features are associated
with, or integral to, any suedfic traditional beliefs and uractices of the four Tribes."

Nowhere in 36 CFR 800 is the Tribal voice referred to as "OPINIONS . The Tribal voice
is however, referred to as "special expernse". Under the language of the Act, archaeologists
and anthropologists may offer opinions. In contrast, Tribal authodities are recognized for our
Tribal special expertise relative to our culture. 36 CFR 800 states:
8814(4)fit The agency ofjfchsl shaN admowfetfga that idion Tlfhes aad Nathe Nawugaa
organiztnfoas possess specfaf expertise la assessiag the agySNty of histadk prupertfes that
map passess regglous and caftaruf sfgaljfcuuce Io tham.
20170927-0028 FERC PDF (Unofficial) 09/27/2017

Mr. Doyle's reference to the Tribes'opinions" diminishes the "special expertise recognized by National
Historic Preservation Act.

Of further concern in the first bullet on page one, is his attempt, not only, to diminish the
validity of the Tribal voice under the National Historic Preservation Act but further to acquire license
that is not provided by the Act to evaluate the "soecfilc traditional beliefs and aractices of our four
Tribes" by stating that:
" .that the report prepared by the Tribes and CLR does not provide suffident
information...to evaluate how the identified features are associated with, or integral to,
any special traditional beliefs and practices of the four Tribes. The Applicants therefore
acknowledge the Tribes'oncerns, but believe additional information is needed to
appropriately determine the eligibility of the CSL features for listing in the National
Register."

Under 36 CFR 800 there is recognition and therefore acknowledgement that Tribes may be
reluctant to divulge such information:
ggfL4(oj(4) .the agency oNdal shell: (4J Gather frr(brmation fiom any indian ynbe or
Native Hawaiian organization identf(fed pursuant to 800.9((jto assist in ldentfIyfng prapnrties,
lnriudlng these located ogtrfbal hmds, which moy be ojnzfigious omf cultunsf rign((fcance to
them and moy be effgibfeW the National Register, nzcognizing that on Indian Tribe or Native
Hawogan organization may be rehrctant hr divulge specie in(ormathm refprrding the
location, nature and activities assoriotod with such sites. The agency r5friaf should oddmss
concerns niisod about confdentfafity pursuant to ggfLII(cj.

Based on the National Historic preservation Act, the Mashantucket (Western j pequot, Mohegan,
Wampanoag of Gay Head (Aquinnah) and Narragansett Tribes have exercised their authority to
determine what is of religious and cultural significance to them and collaboratively identified 34
ceremonial stone landscape features. The Narragansett Tribal Historic Preservation Office requests that
the FERC refuse to allow the cultural privacy rights of the Tribes to be subverted by the representations
of a project proponent's ooinions or desires and requests that the FERC uphold the mandates of the
National Historic Preservation Act by returning a determination of eligibility for the National Register of
Historic Places for those stone features cited by the Tribal report.

Doug Ha s
Preserv ionist for Ceremonial Landscapes & Deputy THPO
20170927-0028 FERC PDF (Unofficial) 09/27/2017
Document Content(s)

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