Dan,

It may not fully escape Section 106 review if there are federal permits 
involved and how the permit areas are defined (i.e. individual vs. 
nationwide).  In NC, there are numerous DOT projects that one would think 
are federally funded, but are not.  Section 106, however, kicks in because 
of the federal permits involved.  In the Alabama scenario, if there are no 
permits and there are no federal funds, then the only recourse might be 
based on current state legislation to which I would not be able to speak.

Paul J. Mohler
NCDOT Archaeologist

>From: Dan Allen <[log in to unmask]>
>Reply-To: HISTORICAL ARCHAEOLOGY <[log in to unmask]>
>To: [log in to unmask]
>Subject: Huntsville, Alabama; Human burials in ROW of Weatherly Road 
>Extension
>Date: Mon, 27 Jun 2005 08:30:28 -0500
>
>Hello to the List:)
>
>Is anyone on the list, professional or avocational, familiar with this 
>project?  From what I have been told by a hotbed of local Native Americans 
>and avocational archaeologists, a prehistoric cemetery (perhaps Archaic?) 
>was bulldoxed into near Huntsville, Alabama during a road project that will 
>connect with Huntsville's southern bypass, the Weatherly Road Extension. 
>While being permitted to connect with a federally-funded road (the Southern 
>Bypass), the Weatherly Road Extension is not federally funded and thus 
>escapes Section 106.
>
>The natives are telling me that Alabama cemetery legislation allows 
>landowners to indiscriminately disturb Native American sites and cemeteries 
>on their own property with no violation of the law.  If this is the case 
>SHAME-SHAME.  Is there not something we as professionals can do to help end 
>this type of shameless and immoral behavior?
>
>Dan Allen
>Cumberland Research Group, Inc.
>and
>GRA @ The Center for Historic Preservation
>at Middle Tennessee State University