Thanx for your good research and advice Lenny:)  I have learned more
about this project today and apparently the site area is outside the ROW
on private property reportedly owned by the uncle of a Senator.  Some of my 
friends
in Alabama have filled me in on a loophole that is allowing this to happen.

According to their deputy SHPO, Alabama's burial law states:

"Any person who knows of the discovery of human remains and/or funerary
objects on state or private land ceases any and all land-disturbing activity
and notifies the AHC immediately. Any person who willfully or maliciously
desecrates an American Indian place of burial or funerary objects on
property not owned by that person, or injures, defaces, removes or destroys
any tomb, monument or container of human remains, and invades or mutilates
the human corpse or remains is guilty of a Class C felony.

 However, the loophole in Alabama's burial law in this case is this: 
"desecrates an
American Indian place of burial or funerary objects ON PROPERTY NOT OWNED BY
THAT PERSON." This means that if you own the land, you can indiscriminantly 
do anything you
want with Native American sites including cemeteries.  The cultural resource 
professionals I
 have corresponded with in Alabama do not think this is fair or 
constitutional, but it is what their
legislature passed and they have to live with it..
In this case, it is the property owner who is damaging the site and legally, 
they can do
nothing about it.  He has also not been open to investigation of
the site.

Sounds like this might be a job for a more militant group such as the 
American Indian Movement, ehhh:):)

Any ideas?  Anyway we can put pressure to bear and help show Alabama 
politicians the SHAMEFUL error of their legislation?

Dan Allen
Cumberland Research Group, Inc.
and
The Center for Historic Preservation @ MTSU



----- Original Message ----- 
From: "Lenny Piotrowski" <[log in to unmask]>
To: "'Dan Allen'" <[log in to unmask]>
Sent: Monday, June 27, 2005 3:47 PM
Subject: RE: Huntsville, Alabama; Human burials in ROW of Weatherly Road 
Extension


> Hi Dan,
>
> I feel the same way you do about this shameful act. I wish I was in
> State and could do more, but I did find some information below on the
> web. Apparently there was an Environmental Impact Statement done in
> connection with the Southern Bypass of the Weatherly Road Extension,
> which means Federal funds were involved and that should trigger the
> Section 106 process.
>
> "EIS No. 960263, FINAL EIS, FHW, AL, Southern Bypass and Weatherly Road
> Extension Project, Hobbs Island Road to I-565 Interchange, Funding and
> COE Section 404 Permit, City of Huntsville, Madison County, AL, Due:
> July 15, 1996, Contact: Joe D. Wilkerson (334) 223-7370."
> http://www.epa.gov/EPA-IMPACT/1996/June/Day-14/pr-16646.html
>
> It's been my experience that maybe the SHPO doesn't even know about it
> yet and the contractors may feel inclined under that circumstance not to
> tell them. Have you contacted the State Historic Preservation Office
> about it?
>
> Contact info from the web:
>
> Alabama Historical Commission and
> Alabama State Historic Preservation Office (SHPO)
> Address: 468 South Perry Street
> Montgomery, AL 36130-0900
> Phone: 334-242-3184
> Fax: 334-240-3477
> Email: [log in to unmask]
> Web: http://www.preserveala.org/
> SHPO: Dr. Lee Warner, SHPO
> Staff: Ms. Elizabeth Ann Brown, Deputy SHPO
>
> "Alabama Cultural Resource Preservation Trust Fund Grant Program
> Type: Government Grants & Funding
> Scope: Statewide Initiative (AL)
> Lead Organization: Alabama Historical Commission (SHPO)
>
> Description:
> The Alabama Historical Commission awards grants for preservation
> projects to inventory and record prehistoric and historic places, to
> encourage their preservation or promote awareness of them, to develop
> plans to protect them, and to provide funds for restoration or
> excavation..."
> http://www.epreservation.net/Organizations/Initiatives/Detail.cfm?Initia
> tive_ID=15
>
> Also,
>
> Alabama Preservation Alliance Address: P.O. Box 2228
>     Montgomery, AL 36102
> Phone: 334-834-2727
> Fax: 334-834-1189
> Email: [log in to unmask]
> Web: http://www.alabamapreservation.org/
>
> Let me know how things go or what you find out about the mortuary site.
> Archaic mortuary sites are of special interest to me, especially their
> preservation. :)
>
> Cheers,
>
> Lenny
>
>
>