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Exploration
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TANASI
NEWS
Townsend Road Construction
Develops Major Controversy
(Date: 2-26-2000) A federally -funded project to widen a short stretch of State Route 73 through the town of Townsend in Blount County, Tennessee is running into several obstacles, including Native American burials in the project right-of-way and questions about the influence of private business interests on state officials in getting the project funded.
The right-of-way for the project was acquired by the state in the 1960's in conjunction with the planning and development of the Foothills Parkway by the National Park Service. The road through Townsend leads to an entrance of the Great Smokey Mountains National Park. In 1993 a state senator requested the road be widened and the Tennessee Department of Transportation (TDOT) began studies on the project.
The project is being funded by the Federal Highway Administration (FHWA), requiring compliance with the Section 106 regulations of the National Historic Preservation Act. In 1999 an archaeological survey required by the NHPA indicated 5 sites containing Native American cultural resources in the project right-of-way. Three of these were considered to be eligible for listing on the National Register of Historic Places. Since these sites would be destroyed by the road construction, the Tennessee Historical Commission, Tennessee's State Historic Preservation Office (SHPO), required a complete archaeological excavation of the sites before giving approval of the project.
Indian Burials Discovered
In December of 1999 the Federal Highway Administration notified the Eastern Band of Cherokee, the Cherokee Nation of Oklahoma, several other federally recognized tribes and the Tennessee Commission of Indian Affairs (TCIA) that a Native American burial site had been discovered during the archaeological excavations. The burial was a cremation thought to date to the Woodland Period. As part of the necessary compliance with the Section 106 regulations, the tribes and the TCIA were invited to a consultation meeting regarding the burial.
In January, members of the Indian community in East Tennessee began to organize in opposition to the project. The Native American Indian Movement (NAIM) held a demonstration in Townsend protesting the project's threat to Indian burials.
Section 106 Consultations Held
The consultation meeting between the FHWA, TDOT, the SHPO and the Native American parties was held on February 2. Native American consulting parties represented were the Eastern Band of Cherokee Indians, the Chickasaw Nation of Oklahoma, the Euchee Tribe of Oklahoma, and the TCIA. Several members of NAIM, the general public, and the press observed the proceedings as well.
Several concerns were voiced during this meeting, including the need for better communication between the federal and state agencies and the Native American parties. Official communications from the FHWA indicated that one burial had been discovered. The approximate number of possible burial sites discovered at the time of the meeting was actually twelve. It was agreed that an attempt would be made to keep the Native American parties better informed of the number of burial sites discovered.
Three major issues arose that will be addressed in future Section 106 consultations:
1. Was there sufficient public input on the project?
2. Will state cemetery laws apply to the disposition of the burials, or will federal statutes be the only law followed?
3. Has TDOT made sufficient attempts to avoid or minimize the impact the project will have on the burial sites?
The next consultation meeting has not been scheduled at this time.
Relationship Between Developer and State Officials
On February 3 and 4, Nashville television station WSMV aired reports that questioned connections between state officials, including Governor Don Sundquist, and private business interests that stand to benefit from improvements to the highway. The broadcasts revealed that in July of 1998 Governor Sundquist's trustee banker, Fred Lawson, purchased subdivision property in Townsend for the Governor and himself from local developer Gil Heinsohn. Tennessee Commissioner of Finance John Ferguson also bought property in the same subdivision at the same time. When questioned by WSMV about his purchase of the property, Commissioner Ferguson replied that Governor Sundquist was "responsible for me finding out about it", but denied there was any connection between their plans to build retirement homes in Townsend and the road project, which will create a five lane highway from their subdivision to the national park entrance.
WSMV's report pointed out that developer Heinsohn, who was a "heavy" contributor to Governor Sundquist's election campaign, owns business property along State Route 73 in Townsend that will benefit from the road project. Sundquist's trust banker, Fred Lawson, also owns business property along the route and is planning on opening a bank there, and Heinsohn is building Lawson's house on the Townsend property he purchased in 1998.
WSMV also reported that Heinsohn was involved in a proposal that would have utilized state land to create lake front shoreline in front of one of his adjoining properties in Townsend, 50 cabin lots called Sequoia Village. One month after Heinsohn acquired Sequoia Village in 1996, the state attempted to evict a wildlife group leasing the adjacent state-owned land in favor of another group that proposed to create a lake on the property. According to the WSMV report, documents submitted to the state regarding the lake-building proposal contained equipment and construction pledges by Heinsohn.
In September of 1998 Governor Sundquist, who was attending a state function in the area, and Commissioner of Finance Ferguson, spent a weekend, free of charge, at Heinsohn's Sequoia Village cabins in Townsend, and the developer threw a bar-b-cue for them at his house.
WSMV reported that the current tenants of the state owned land sued over the state's eviction attempt and the state has not pursued the eviction.
Construction Starts - Local Judge Refuses to Issue Restraining Order
Actual road construction work recently began on the Townsend project. On February 24 attorneys for the Native American Indian Movement, which has continued demonstrations against the project, appeared in Benton County Chancery Court and requested that the chancellor hear the group's request for a temporary emergency restraining order against the road construction. NAIM planned to argue that continuing construction will remove any possibility of avoiding the burials by redesigning the road - one of the issues that is supposed to be addressed during the ongoing Section 106 consultations. The group also wants further testing of the project right-of-way to determine if other burials are present. Construction could disturb or destroy any previously undiscovered graves.
Without hearing the reasons for the group's request, the judge refused to hear the request at that time, stating that even though the law does not require notice when an emergency restraining order is issued, he was uncomfortable issuing a restraining order against TDOT without five days notice to the agency. He agreed to hear the request if such notice was given, but he also stated that state statutes do not apply to the state and that the courts cannot interfere with a public official in the performance of that official's duty.
NAIM Calls For Federal Investigation
After the request for a restraining order was refused, NAIM leader Carl Whitaker issued a statement to the press calling for a federal investigation of the Townsend road project. He also requested that the Tennessee Commission of Indian Affairs formally request such an investigation.
News Reports on Townsend
9/16/2000 Road to skirt around Gray fossil site, comparisons to Townsend denied - Knoxville News-Sentinel
8/24/2000 TDOT seeks ideas for memorials in Townsend - Knoxville News-Sentinel
8/22/2000 State seeks input on marking Indian sites - Maryville Daily Times
8/17/2000 State
'trying' on road project, Indian group leader says -
Knoxville News-Sentinel
8/15/2000 Work
on U.S. 321 may skirt graves - Knoxville News-Sentinel
8/14/2000 Plan bypasses four Indian grave sites - Maryville Daily Times
6/9/2000 Indian
groups to pay homage to ancestors - Maryville
Daily Times
5/5/2000 Native
American outraged by tours of archaeological dig - Maryville
Daily Times
3/31/2000 Indian
officials offer alternatives to Townsend project -
Maryville
Daily Times
3/29/2000 Federal
agency to oversee Townsend road dig - Maryville
Daily Times
3/14/2000
Townsend
road project to continue despite Indian remains - Maryville
Daily Times
3/3/2000 Native
American group takes protest of Townsend archeological dig to UT - Maryville
Daily Times
2/12/2000 Native
American leader encourages activists opposed to Townsend dig - Maryville
Daily Times
2/1/2000 `Parade
of Tears' set for Saturday to protest archaelogical dig - Maryville
Daily Times
1/21/2000 Indians
plan meetings, `solemn' gathering to protest Townsend dig - Maryville
Daily Times
See the Advisory Council on Historic Preservation web site for more information on the National Historic Preservation Act and it's Section 106 regulations.
