Mr. Don Klima, Director Advisory Council on Historic Preservation 1100 Pennsylvania Avenue, NW, Suite 809 Washington, D.C. 20004 March 19, 2006 Re: National Historic Preservation Act (NHPA), Section 106 review of case file DOE941104A and the Memorandum of Agreement (MOA) regarding the Demolition of the Bevatron and Building 51 at the Lawrence Berkeley National Laboratory, Berkeley, Alameda County, California, dated October 1997. Dear Director Klima, On March 17, 2006 we contacted your office expressing concern over the NHPA Section 106 process regarding the project referenced above. We now write to officially request that your office intervene on our behalf and investigate this urgent matter. After speaking with the Office of Historic Preservation, California we forwarded a letter dated December 15, 2005 to the preservation officer Mr. Milford Wayne Donaldson. (See attachment 1.) In that correspondence we raised issue with the Memorandum of Agreement (MOA) and the fact that the Berkeley public was not included in the NHPA 106 process as consulting parties, prior to the finalization of the MOA in 1997. It appears also that your office never signed the 1997 MOA. (See attachment 2.) Be advised that to date, Mr. Milford Wayne Donaldson, SHPO, has not responded to our letter. Moreover, DOE/LBNL has just released the National Environmental Policy Act (NEPA) documentation (Draft Environmental Assessment, EA) for the above referenced project that we believe is incomplete. Note, that the Historic American Building Survey (HABS) division of the National Park Service has not yet accepted the required addendum to the Historic American Engineering Record (HAER) report prepared for the Bevatron and Building 51. (p. 53) LBNL/DOE have refused to allow public access to this addendum, as well. Again, we request your intervention in this matter because of the lack of response by Mr. Milford Wayne Donaldson and the Office of Historic Preservation. It is clear that the EA has not adequately addressed the Section 106 cultural resource issues of historical significance of the Bevatron. A full Environmental Impact Statement (EIS) should be required of the project. Finally, the NHPA Section 106 process has not been completed so we ask that a new MOA be drafted with public participation. Sincerely, L A Wood berkeleycitizen.org Pamela Sihvola Committee To Minimize Toxic Waste cc: Congresswoman Barbara Lee Mr. Milford Wayne Donaldson, SHPO F. J. Gofling, Chief Historian, Federal Preservation Officer, Department of Energy