[CPEO-MEF] Request to GSA: Designate the UTOSI as a consulting party

[hdqrs@worldnet.att.net]

United Tribe of Shawnee Indians
P.O. Box 505
Shawnee Reserve Number 206
De Soto, Kansas 66018-0505
913-583-3236

Tuesday, August 29, 2000

Blaine Hastings
GENERAL SERVICES ADMINISTRATION
PROPERTY DISPOSAL FIELD OFFICE (9PRF-10)
400 15th Street, Room 1161
Auburn, WA 98001

Certification Number: Z 379 094 873	
Advance copy sent by e-mail.

Dear Mr. Hastings:

The United Tribe of Shawnee Indians (UTOSI) hereby formally request that
the General Service Administration (GSA) designate the UTOSI as a
consulting party for the purposes of Section 106, National Historic
Preservation Act, in the GSA's proposal to transfer the Sunflower Army
Ammunition Plant (SFAAP) out of exclusive federal jurisdiction.  See:
Section 106 of NHPA, 16 U.S.C. Section 470f and it implementing regulation,
36 C.F.R. Part 800.3(f) for mandated consulting party requirements.

United States treaties with the UTOSI that place SFAAP within the bounds of
the UTOSI reservation with subject reservation containing many UTOSI
allotments are as follows: 

Shawnee treaty of 1825 (7 Stat. 284)
Shawnee Treaty of 1831 (7 Stat. 355)
Shawnee treaty of 1854 (10 Stat. 1053).

Your prior publication of the GSA Environmental Assessment (EA) for SFAAP
also provides proof that SFAAP is located within the bounds of the UTOSI
reservation.

In addition, the Trial Attorney with the Department of Justice has filed
with the Federal District Court, Kansas City, Kansas, in the case of TOTO
v. GSA, (filed July 14, 2000), that GSA failed to comply with the mandated
requirements of Section 106 of NHPA, 16 U.S.C. Section 470f and it
implementing regulation, 36 C.F.R. Part 800.3(f) for mandated consulting
party requirements prior to GSA publication of the EA for SFAAP.

Consultation under NHPA Section 106 mandates that the GSA follow several
steps in assessing the effects the proposed undertaking might have on
historic properties.


As stated by the Department of Justice:

..."First, the agency must determine if the undertaking is the type that
could affect historic properties" 36 C.F.R. Section 8003(a) .... If this is
the case, then it must identify the appropriate state or tribal historic
preservation officer (SHPO/THPO) and also plan to involve the public, and
identify other consulting parties. 36 C.F.R. Section 800.3(c)"...

We thank the GSA for your effort to identify all consulting parties
mandated by NHPA.
We stand ready to provide our expertise to the GSA in preserving our
nations most important, and rapidly diminishing, Indian and non-Indian,
historic properties.

We await your reply.

Very truly yours,

/S/

Jimmie D. Oyler, Principal Chief
United Tribe of Shawnee Indians

Copy to:

Mr. John Fowler
Executive Director
Advisory Council on Historic Preservation
1100 Pennsylvania Ave. NW, Room 809
Washington DC 20004

Andrew J. Bailey
The Session Law Firm
2600 Grand Blvd., Suite 440
Kansas City, MO 64108

Sean W. Pickett
Weber, Pickett & Gale, L.L.C.
Attorneys at Law
405 East Thirteenth Street, Suite 100
Kansas City, MO 64106

Mark Alan Duffy
Senior Regional Counsel
General Service Administration
Federal Building
819 Taylor Street
Fort Worth, TX 76102


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