[MassHistPres] FEMA and National Register (Section 106 reviews)

[slater at alum.rpi.edu]

I'm hoping someone can provide feedback to me on an issue.

As people are likely aware, we had a tornado hit Springfield on June 1.
We have been working with FEMA representatives on this matter, but a
position of one of their field operatives really puzzles me.

The National Parks Service uses current (not past or future) condition
of a building to determine if it belongs on the National Register. That
makes sense to me -- you don't know if a building will ever realize the
potential of future restorations. This is pertinent because a Section
106 review is needed when the Federal Government funds activities, and
actions surrounding structures are being funded by the federal
government.

FEMA seems to be using that argument to declare tornado-damaged
buildings as "not historic", because they were damaged by the tornado
and in their present condition they don't qualify for the National
Register. And because they don't qualify, the Section 106 review would
show that there could not be an adverse impact on a historical resource
because there is no historic resource.

The field worker went so far as to make this ruling on a building that
was actually on the National Register - it sustained significant damage,
but possibly could have been repaired. But it was declared "no longer
historic" and it was demolished by the city. As an aside, FEMA is now
saying that if the MHC has an issue with the demolition, the only way
that such criticism could stick is if FEMA pays the city for the
demolition, so they are threatening to withhold payment for the
demolition unless the local HC sides with them in their appeal to the
MHC. So they have a gun to our heads. 

I just don't get this. It seems that an agency that is supposed to deal
with disasters should have the leeway to recognize that a building that
was damaged in said disaster should not have the damage from said
disaster used as an argument as to why the property is no longer
historic. 

Does anyone have any experience with this?

Thanks,

Ralph Slate
Chair, Springfield Historical Commission 
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