Nicholas Burlakoff <[log in to unmask]> wrote: I hope that I have not violated Fair Use standards, but I believe that the topic is of utmost importance to Preservationists.New York Times November 12, 2003 The Road to Preserving History Tucked inside federal transportation law is a small phrase that has done a fairly heroic job of protecting some of the nation's most important historic areas for almost 40 years. These few words in the 1966 Department of Transportation Act say that a federal highway project cannot destroy any historic area if there is a "prudent and feasible alternative." Here's the Kansas State Archaeologist's take: "What the article discusses is Section 4(f) of the 1966 Transportation Act. It's my understanding that this act and the National Historic Preservation Act came up for the vote at the same time and the idea was for one or the other to pass. Both did. In the article, it sounds like the elimination of Section 4(f), which requires that engineers design alternate routes around historic properties and create cost estimates for the alternates, would eliminate any consideration of the historic property. Not so -- [Section] 106 [of the NHPA] still applies. It's also worth noting that Section 4(f) is typically reserved for above ground stuff, like buildings, and rarely if ever applies to your standard archeological site. The article implies that DOTs could be given freer reign to plow through sites like the Ocmulgee Old Fields burial mounds if Section 4(f), but in my experience Section 106, state unmarked burial laws, and American Indian concerns have a much stronger role in these situations than Section 4(f). "Section 4(f) does offer greater protection for historic properties in that it mandates serious considerations of alternates, but consultation with the SHPO [State Historic Preservation Office] should and often can serve the same purpose." Lynn Johnson --------------------------------- Do you Yahoo!? Protect your identity with Yahoo! Mail AddressGuard ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).