[Federal Register Volume 71, Number 5 (Monday, January 9, 2006)]
[Notices]
[Pages 1406-1407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-160]


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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 
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  Federal Register / Vol. 71, No. 5 / Monday, January 9, 2006 / 
Notices  

[[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: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Stephen Del Sordo, (202) 606-8580. E-
mail: [email protected]. 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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