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Working with Section 106 ACHP
Case Digest Fall
2004 New Mexico: Construction
of a Wireless Telecommunication Tower, Taos
New Mexico: Construction of a Wireless Telecommunication Tower, Taos
Agency: Federal Communications Commission
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The Pueblo of Taos in northern New Mexico has a long and rich history. The Taos Pueblo tribe that resides there lives in the same multi-storied adobe buildings in which its ancestors lived for the past 1,000 years. The pueblo, or Indian village, and its vicinity are a National Historic Landmark and World Heritage Site, and the surrounding area is a significant cultural landscape. In 2001, a 195-foot wireless telecommunication tower was built near the pueblo before Section 106 consultation could occur. The Taos Pueblo argue that the tower has adversely affected properties eligible for listing in the National Register, including the pueblo itself. |
Earlier this year, members of Taos Pueblo, a New Mexican Indian tribe, asked the ACHP to join them and the Federal Communications Commission (FCC) in discussions over a wireless telecommunication tower near their village.
The Pueblo of Taos, Taos, New Mexico (photo: NPS)
The tribe says that the 195-foot lattice-style structure has adversely affected properties eligible for listing in the National Register, including the pueblo itself. The Pueblo of Taos is a National Historic Landmark and World Heritage Site, and the vicinity is a significant cultural landscape.
The tower’s owner, Vertical Real Estate, LLC, who built the tower in 2001 without FCC approval, has applied for a permit from FCC to add collocation antennae to the structure.
After the company built the tower, it learned of FCC’s Section 106 responsibilities and initiated consultation under the Section 106 process. The company immediately ordered archeological studies. The New Mexico State Historic Preservation Officer (SHPO) and Taos Pueblo, however, were not contacted until several months after the company built the tower.
In October 2003, FCC issued a “Preliminary No Adverse Effect Finding” for purposes of consulting with Taos Pueblo. In March 2004, the SHPO told FCC that the tower has an adverse effect on historic cultural landscapes and possibly on a Traditional Cultural Property.
The following month, the ACHP notified FCC that, in response to Taos Pueblo’s request, the agency would participate in consultation. The consulting parties in the case held several conference calls, the last of which included discussions on the possibility of relocating the tower or shortening its height to lessen the visual effect on the vicinity.
Among other issues, the case has raised confidentiality concerns: For
religious reasons, Taos Pueblo is reluctant to divulge all of the information
requested of them regarding the properties and values involved in the
case. The consulting parties are continuing their negotiations in an attempt
to resolve the issues surrounding this case.
Staff contact: Alan
Stanfill
Posted December 17, 2004
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