NOW IS THE TIME - TO WRITE YOUR
LETTER OF SUPPORT FOR NATIONAL HISTORIC LANDMARK STATUS FOR THE MOUNTAIN
MEADOWS MASSACRE SITE!
On November 3, 2010 the Landmarks
Committee of the National Park Service Advisory Board will consider the
National Historic Landmark nomination of the Mountain Meadows Massacre
Site. The Mountain Meadows Association, along with the other Mountain
Meadows groups, will be present at this hearing in Washington D.C. At that
time we will present all of the letters, supporting NHL status, that we
have collected from our membership, and other interested parties. PLEASE
DO NOT SEND YOUR LETTER DIRECTLY TO THE COMMITTEE. THE MMA will be
hand delivering all of the letters of support on November 3, 2010.
PLEASE E-MAIL YOUR LETTER to Mr. Terry Fancher,
President of the MMA, at
TNF49@aol.com, or mail it to him at 16
Spencer Street, Braintree, MA 02184, before October 28, 2010.
Please be sure to include your name and address in the letter.
What to include in your letter:
Please state the reason(s) you believe that
the Mountain Meadows Site has exceptional national
significance in the history and
heritage of the United States. Please read the NPS Application for
National Historic Landmark Status before you write your letter:
NATIONAL
PARK SERVICE APPLICATION FOR NATIONAL HISTORIC LANDMARK STATUS
(The
criteria for a National Historic Landmark is listed further down the
page.)
Some
things to consider:
The
Massacre at Mountain Meadows took place during the period of U.S. history
known as the "Utah War". U.S. President James Buchanan sent the U.S.
Army to the Utah Territory to quash a rebellion by Mormon settlers. At the
height of the Utah War tensions, on September 11, 1857, more than 150
unarmed white settlers, including women and children, were massacred at
the Mountain Meadows Site by Mormon Militia and their Indian allies.
Two years later the U.S. Army gathered up and reburied the scattered
remains of the murdered emigrants at the Mountain Meadows Site. Two
monuments to the victims are currently at the Site, and a third monument
is planned.
In the arid climate, the natural springs and
vegetation at Mountain Meadows made it a significant factor for sustaining
the native people and wildlife. Mountain Meadows became an essential, and
well-known, stop for travelers and traders on the Old Spanish Trail. The
Old Spanish Trail is an historically important trade route that was a
combination of trails established very early in the American West's
history by Spanish explorers, and trappers and traders with the Ute
Indians and other tribes. The Old Spanish Trail established a trade route
to California, and thousands of travelers continued to stop at Mountain
Meadows during the California Gold Rush.
Information Courtesy of the National Parks Service
Website at www.nps.gov.
The
Mountain Meadows Massacre Site is already listed on the National Register
of Historic Places. It has been on the National Register since 1975.
(National Register Listing). The
National Historic Landmark designation is different from the National
Register of Historic Places.
National Historic Landmarks
are nationally significant historic
places designated by the Secretary of the Interior because they possess
exceptional value or quality in illustrating or interpreting the
heritage of the United States. Today, fewer than 2,500 historic places
bear this national distinction. (In comparison, the National Register has
more than 80,000 listings.)
1. What are National Historic Landmarks?
National Historic Landmarks are buildings, sites, districts, structures,
and objects that have been determined by the Secretary of the Interior to
be nationally significant in American history and culture. Many of the
most renowned historic properties in the Nation are Landmarks. Mount
Vernon, Pearl Harbor, the Apollo Mission Control Center, Alcatraz, and the
Martin Luther King Birthplace in Atlanta, Georgia are Landmarks that
illustrate important contributions to the Nation's historical development.
2. How are National Historic Landmarks Selected?
Potential Landmarks are identified primarily through
theme studies undertaken by the National Park Service; these studies
provide a comparative analysis of properties associated with a specific
area of American history, such as Labor or Women's History. The historic
importance of these potential Landmarks is evaluated by the National Park
Service and the National Park System Advisory Board twice yearly at
meetings that are open to the public. The Advisory Board includes citizens
who are national and community leaders in the conservation of natural,
historic, and cultural areas. Recommendations by the Advisory Board are
made to the Secretary of the Interior on potential National Historic
Landmarks. Final decisions regarding National Historic Landmark
designation are made by the Secretary of the Interior. In most cases,
designation by the Secretary occurs six to eight weeks following the
Advisory Board's recommendation. Designation may be delayed if questions
regarding the significance, physical condition, or boundaries of a
potential Landmark are raised by the Advisory Board or the Secretary of
the Interior.
Nominations prepared by other Federal agencies, State Historic
Preservation Officers, and individuals are accepted for review and
represent an increasing number of nominations reviewed each year.
3. What criteria are used to select National Historic Landmarks?
The quality of national significance is ascribed to
districts, sites, buildings, structures and objects that possess
exceptional value or quality in illustrating or interpreting the heritage
of the United States in history, architecture, archeology, technology and
culture; and that possess a high degree of integrity of location, design,
setting, materials, workmanship, feeling, and association, and:
(1) That is
associated with events that have made a significant contribution to, and
are identified with, or that outstandingly represents, the broad national
patterns of United States history and from which an understanding and
appreciation of those patterns may be gained; or
(2) That are
associated importantly with the lives of persons nationally significant in
the history of the United States; or
(3) That
represent some great idea or ideal of the American people; or
(4) That
embody the distinguishing characteristics of an architectural type
specimen exceptionally valuable for the study of a period, style or method
of construction, or that represent a significant, distinctive and
exceptional entity whose components may lack individual distinction; or
(5) That are
composed of integral parts of the environment not sufficiently significant
by reason of historical association or artistic merit to warrant
individual recognition but collectively compose an entity of exceptional
historical or artistic significance, or outstandingly commemorate or
illustrate a way of life or culture; or
(6 ) That
have yielded or may be likely to yield information of major scientific
importance by revealing new cultures, or by shedding light upon periods of
occupation over large areas of the United States. Such sites are those
which have yielded, or which may reasonably be expected to yield, data
affecting theories, concepts and ideas to a major degree.
Ordinarily,
cemeteries, birthplaces, graves of historical figures, properties owned by
religious institutions or used for religious purposes, structures that
have been moved from their original locations, reconstructed historic
buildings and properties that have achieved significance within the past
50 years are not eligible for designation. Such properties, however, will
qualify if they fall within the following categories:
(1) A
religious property deriving its primary national significance from
architectural or artistic distinction or historical importance; or
(2) A
building or structure removed from its original location but which is
nationally significant primarily for its architectural merit, or for
association with persons or events of transcendent importance in the
Nation's history and the consequential association; or
(3) A site of
a building or structure no longer standing but the person or event
associated with it is of transcendent importance in the Nation's history
and the consequential association; or
(4) A birthplace, grave, or burial if it is of a historical figure of
transcendent national significance and no other appropriate site, building
or structure directly associated with the productive life of that person
exists; or
(5) A cemetery that derives its primary national significance from graves
of persons of transcendent importance, or from an exceptionally
distinctive design or from an exceptionally significant event; or
(6) A
reconstructed building or ensemble of buildings of extraordinary national
significance when accurately executed in a suitable environment and
presented in a dignified manner as part of a restoration master plan, and
when no other buildings or structures with the same association have
survived; or
(7) A
property primarily commemorative in intent if design, age, tradition, or
symbolic value has invested it with its own national historical
significance; or
(8) A
property achieving national significance within the past 50 years if it is
of extraordinary national importance.
4. How are National Historic Landmarks different
from other historic properties listed in the National Register of Historic
Places?
Landmarks have been recognized by the
Secretary of the Interior as possessing national significance. Nationally
significant properties help us understand the history of the Nation and
illustrate the nationwide impact of events or persons associated with the
property, its architectural type or style, or information potential. A
nationally significant property is of exceptional value in representing or
illustrating an important theme in the history of the Nation. Properties
listed on the National Register are primarily of State and local
significance. With a State or locally significant property, its impact is
restricted to a smaller geographic area. For example, many historic
schools are listed on the National Register because of the historically
important role they played in educating individuals in the community or
State in which they are located. Central High School, in Little Rock,
Arkansas, is nationally significant because it was the site of the first
major confrontation over implementation of the Supreme Court's 1954
decision outlawing racial segregation in public schools. The city's
resistance led to President Eisenhower's decision to send Federal troops
to enforce desegregation at this school in 1957.
All
National Historic Landmarks are included in the National Register which is
the official list of the Nation's historic properties worthy of
preservation. Landmarks constitute more than 2300 of almost 76,000 entries
in the National Register; the others are of State and local significance.
The process for listing a property in the National Register is different
from that for Landmark designation with different criteria and procedures
used. Some properties are recommended as nationally significant when they
are nominated to the National Register, but before they can be designated
as National Historic Landmarks, they must be evaluated by the National
Park Service's National Historic Landmark Survey, reviewed by the National
Park System Advisory Board, and recommended to the Secretary of the
Interior. Some properties listed in the National Register are subsequently
identified by the Survey as nationally significant; others are identified
for the first time during Landmark theme studies or other special studies.
Both the National Historic Landmarks and the National Register programs
are administered by the National Park Service under the Secretary of the
Interior.
5. Is there a period for comment on designation before a property is
designated a National Historic Landmark?
Yes. The owners, highest local elected officials, State Historic
Preservation Officers, and members of Congress representing the area where
the potential Landmark is located are notified by the National Park
Service of the opportunity to comment in writing to the National Park
Service on the potential designation. These parties are provided 60 days
to comment before the meeting of the Advisory Board's National Landmarks
Committee. This Committee meets prior to the Advisory Board meeting to
review the nominations in detail and provide a report to the Advisory
Board on those properties that meet the criteria. Written comments will be
included in the documentation made available to the Committee and the
Advisory Board. Interested parties may also attend the National Landmarks
Committee and Advisory Board meetings, and upon request may be given an
opportunity to address the Committee and Board concerning a property's
significance, integrity, and proposed boundaries. The regulations outline
this aspect of the procedure in more detail; for more information refer to
36 CFR 65.5 'Designation
of National Historic Landmarks"(c)(1)(h)(6).
6. How will Landmark designation affect my ability to make changes to my
property?
Listing of private property as a National
Historic Landmark or on the National Register does not prohibit under
Federal law or regulations any actions which may otherwise be taken by the
property owner with respect to the property. The National Park Service may
recommend to owners various preservation actions, but owners are not
obligated to carry out these recommendations. They are free to make
whatever changes they wish if Federal funding, licensing or permits are
not involved. (Questions regarding Federal involvement are answered in the
next section.) Federal laws that involve National Historic Landmarks are
listed in the Federal regulations governing this program, specifically in
36 CFR 65.2
"Effects of Designation" (c)(1-7).
Owners should keep in mind that State laws or local ordinances may affect
National Historic Landmarks if these legal mechanisms recognize and
protect Landmarks, independent of Federal law.
7. Can I prevent my property from being a Landmark?
Yes. If a private owner, or the majority of private
owners of a potential Landmark with multiple owners, object to Landmark
designation, the Secretary cannot designate the property.
8. Will I have to open my property to the
public if it becomes a Landmark?
No. There is no such requirement as a result of National Historic Landmark
designation. The overwhelming majority of Landmarks are privately-owned
properties. Some grant sources, however, may require that recipients of
funding make their property available to the public under very restricted
circumstances.
9. Are there requirements that I maintain my property to NPS standards or
restore it to its original or historic appearance?
No. The National Park Service monitors the status of
Landmarks, and will often contact owners and discuss preservation needs.
But while the NPS encourages owners to use the Secretary of the Interior's
Standards for Historic Preservation Projects, owners are under no
requirement to follow this guidance.
10. Does becoming a National Historic
Landmark mean the Federal government will acquire my property?
No. Landmark designation implies no commitment on the part of the Federal
government to acquire the property.
Federal Involvement with National Historic Landmarks
11. Is my property likely to be affected by
Federal laws and regulations?
Federal, State, and local government-owned properties as well as private
schools, institutions, and non-profit organizations are often recipients
of Federal funding, and, therefore, would be affected by Federal laws.
Surface mining, especially surface coal mining, is subject to Federal
laws. There is also Federal legislation that affords some degree of
protection to archeological sites and the artifacts contained in them.
Private property owners of commercial or residential buildings are less
likely to be directly affected. However, federally funded construction of
highways, utility lines, or buildings may affect adjacent, privately-owned
historic properties.
12. How does Federal involvement affect a Landmark?
Federal funding or licensing of activities that
affect historic properties are regulated principally by Sections 106 and
110(f) of the National Historic Preservation Act. Other Federal effects
are listed in 36 CFR 65.2. Under Sections 106 and 110(f) of the Act,
Federal agencies must "take into account" the effects of their
undertakings on historic properties, and afford the Advisory Council on
Historic Preservation an opportunity to comment on the undertaking and its
effects. Implementing regulations of the Council may be found in
36 CFR Part 800,
"Protection of Historic Properties," which establish a process of
consultation with the State Historic Preservation Officer and the Council
leading, in most instances, to agreement on how the undertaking will
proceed. Steps in the process include identification and evaluation of
historic properties that may be affected, assessment of the effects of the
Federal action, and resolution of any adverse effects that would occur. If
a Federal activity will "directly and adversely affect" a Landmark,
Section 110(f) of the Act also calls for Federal agencies to undertake
'such planning and actions as may be necessary to minimize harm to such
Landmark.' As with Section 106, the agency must provide the Council with a
reasonable opportunity to comment in accordance with 36 CFR Part 800.
These regulations are available at no cost from the Council; see the
reading list at the end of this leaflet for ordering information.
13. Are there advantages to National Historic Landmark owners in the
Section 106 Process?
Yes. Many property owners of Landmarks and National Register
properties have found the Section 106 process useful in ensuring that
incompatible development projects or other actions funded, licensed, or
initiated by Federal agencies are reviewed and modifications made when
possible to avoid, minimize, or mitigate possible harm to historic
properties. Examples of undertakings that would receive Section 106 review
might include levee construction and other flood control measures that
could destroy archeological sites; construction of a new four-lane,
limited-access road through a rural historic district; and demolition,
alteration, repair and rehabilitation of deteriorated homes in a historic
neighborhood funded by Community Development Block Grant monies to local
governments.
14. Can the Advisory Council prevent me from
getting Federal funding?
No. The Advisory Council has no veto authority over Federal agencies. It
is important to keep in mind that the law does not forbid specific
actions, even those damaging to historic properties. The purpose of the
law is to require Federal agencies to consider the effects of their
undertakings on the nation's historic properties. Once this has been
accomplished, Federal agencies may choose to proceed with the undertaken
as originally planned, modify it to mitigate damage to the property, or
not undertake the project.
15. How long does the "Section 106" process take? Can it delay the receipt
of Federal funding?
The time varies
depending on the historic property, the anticipated effect, the proposed
undertaking, the complexity of consultation and negotiation, and the
extent of public interest or controversy. The regulations do, however,
provide specific time limits for both State Historic Preservation Officer
and Council action in response to agency requests for comment.
16. Will owner objection to Landmark status prevent the Section 106
procedures from taking place?
No. The law
was specifically designed to extend Section 106 protection to historic
properties not designated as National Historic Landmarks or listed on the
National Register. Section 106 requires the implementation of Advisory
Council review for properties listed on or determined eligible for
listing in the National Register. Evaluations of historic significance
are made for all properties potentially affected by Federal undertakings
in the Section 106 process. If the property meets National Register
criteria for listing, a determination of eligibility is made and
the property becomes subject to the Section 106 process.
A determination of eligibility for National Historic Landmark status
may also be made by the Secretary of the Interior when an owner objects to
Landmark designation. This action is equivalent to a determination of
eligibility for listing in the National Register. In other words,
Federal undertakings will still be reviewed.
Some
potential Landmarks are already listed on the National Register and thus
an owner's objection to Landmark status will not halt implementation of
Section 106. Section 110(f) of the law requires a higher level of
attention for Landmarks adversely affected by Federal undertakings; this
Section, however, does not apply unless the property is designated a
National Historic Landmark.
Benefits to National Historic Landmark Designation
17. Are there Federal funds available for preserving
or protecting National Historic Landmarks?
Yes. Limited Federal grants through the Historic Preservation Fund are
available; Landmark owners should check with their State Historic
Preservation Officer to find out about the availability of Federal and
State funds. Often State and local governments have grant and loan
programs available for historic preservation; these funds tend to be for
small amounts. National Register listing is a condition for receiving
grants and loans from many State and local governments as well as private
sources. Some funding sources give National Historic Landmarks higher
priority for funding than other National Register properties. There are
also Federal income tax incentives available for donating easements and
for rehabilitating income-generating historic buildings. Sources of
information about these programs are included in the reading list.
18. What other benefits are there from
National Historic Landmark status?
If they wish, Landmark owners are provided with a bronze plaque to display
at the Landmark. Plaques identify the name and Landmark status of the
property and the date of designation. These are available at no cost to
the owner.
The National Park Service provides technical preservation advice to owners
of National Historic Landmarks. Questions regarding preservation issues
are routinely answered by phone or letters, or during on-site visits by
NPS staff. The following are other forms of assistance the NPS provides to
owners:
(1) The
National Park Service publishes and distributes information available to
Landmark owners and administrators on a variety of preservation subjects.
The NPS publications catalog is listed in the reading list and is
available online at www.cr.nps.gov.
(2) From time to time, the National Park Service contacts Landmark owners
about the condition of their properties and may ask for permission to
visit. The NPS is responsible by law for monitoring the condition of
National Historic Landmarks. Information on the condition of landmarks and
potential threats to them is aggregated in an update published online at
www.cr.nps.gov/nhl. This update
and individual downloadable information sheets on each NHL are valuable
tools for stewards to use in fundraising and influencing policy affecting
their landmarks. The information is also used by the National Park Service
to plan its assistance programs, and helps in grant-making decisions.
(3) Each year, as funding permits, a limited number of Landmark buildings
may be selected to receive in-depth site inspections funded and
coordinated by the National Park Service regional offices. The purpose of
these inspections is to analyze the specific condition of the Landmark,
identify and prioritize recommended work treatments, and estimate the
costs for carrying out this work. If funding permits, information derived
from the in-depth inspection may be compiled in a building condition
assessment report which may be made available to owners, preservation
organizations, and interested public and private groups.