I read your letter before I read the article. It inspired me to weigh in with my own comments. I reread the article and unless I missed something, which is always possible, they didn't mention the laws that they might use to prosecuit the developers. The NHPA has no provisions for criminal or civil prosecutions. Because this is a historic property it would have to be under ARPA or also destruction of Government Property. This latter law is useful when an archaeological site is not old enough to be covered under ARPA. Thanks for inspiring me to comment on this action. I hope you inspired others as well.
Margaret Hangan
Heritage Program Manager
Cleveland National Forest
----- Original Message ----
From: David Babson <[log in to unmask]>
To: [log in to unmask]
Sent: Thursday, October 26, 2006 10:38:26 PM
Subject: Re: Destruction of Part of the Harper's Ferry National Historical Park
Yes, it is, in that it happened on federal property and, as stated in
the article, archaeological resources were destroyed. It is probably
more of a violation (and, more able to be prosecuted) under ARPA than
Sec. 106 of NHPA. Should have thought of that, and so mentioned it, in
my letter (e-mail) to Secretary Kempthorne.
D. Babson.
-----Original Message-----
From: HISTORICAL ARCHAEOLOGY [mailto:[log in to unmask]] On Behalf Of
Margaret Hangan
Sent: Thursday, October 26, 2006 11:31 PM
To: [log in to unmask]
Subject: Re: Destruction of Part of the Harper's Ferry National
Historical Park
So is someone taking these guys to court. Clearly this is an ARPA
violation.
----- Original Message ----
From: David Babson <[log in to unmask]>
To: [log in to unmask]
Sent: Thursday, October 26, 2006 7:30:21 PM
Subject: Destruction of Part of the Harper's Ferry National Historical
Park
Mr. Dirk Kempthorne
Secretary of the Interior
United States Department of the Interior
Washington, D.C.
25 October 2006
Secretary Kempthorne:
I was shocked and dismayed to read of the destruction of a corridor
running through part of the Harper's Ferry National Historical Park.
This act of national vandalism was perpetrated on August 19th and 20th
of this year (2006) by Mr. Herb Jonkers, Mr. Gene Capriotti and Mr. Lee
Snyder. Based upon press coverage of the incident, I understand that
these individuals conspired to violate federal historic preservation
law, in particular (but not limited to) Section 106 of the Historic
Preservation Act of 1966 (as amended). Mr. Jonkers, Mr. Capriotti and
Mr. Snyder were, again based upon press reports, attempting to construct
sewer and utility lines to increase the value of property they owned
adjacent to the federal (National Park Service) property destroyed by
their activities. They proceeded with their acts in advance of a permit
due to an easement they had purchased from a previous owner. In that
the property they destroyed was, at the time of their actions, federal
property, they violated federal law by failing to complete review under
Section 106 of NHPA 1966 before proceeding.
The excavations conducted by Mr. Jonkers, Mr. Capriotti and Mr. Snyder
have destroyed previously-intact archaeological resources related to
several of the battles fought for the town of Harper's Ferry during the
U.S. Civil War. These excavations have also altered the historic
landscape in the area where they were perpetrated, damaging the historic
quality of the Harpers Ferry National Historical Park. As such, the
excavations perpetrated by Mr. Jonkers, Mr. Capriotti and Mr. Snyder
have damaged our nation's history, degraded our national heritage,
interfered with the ability of our citizens to appreciate, enjoy and
learn from our heritage, and shown gross disrespect for our ancestors.
As a professional archaeologist, I urge you to prosecute Mr. Jonkers,
Mr. Capriotti and Mr. Snyder for this crime to the fullest extent of the
law.
David W. Babson
PhD Candidate,
Archaeology
Syracuse University
Syracuse, New York.
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