Following yesterday’s release of documents confirming Immigration and Customs Enforcement’s intention to create a warehouse for detaining immigrants in Merrimack, Gov. Kelly Ayotte and members of the Executive Council interrogated Department of Natural and Cultural Resources Commissioner Sarah Stewart at a meeting Wednesday. Her department, the documents show, had been in contact with the federal agency as early as Jan. 12.
Since the Washington Post initially reported on ICE’s plan in December, Gov. Ayotte has repeatedly denied having any knowledge about the proposal, saying she reached out to federal officials multiple times and received no confirmation.
But the documents, which were obtained by the state’s American Civil Liberties Union, show that the department’s Division of Historical Resources was in contact with ICE representatives for weeks, after the agency reached out as part of the process of ensuring the project was in compliance with federal historic preservation law.
During the meeting Wednesday, Ayotte called for a review of the incident by the Attorney General and Division of Personnel.
“It's important to me that the commissioners communicate, and this was a serious lapse of communication,” she said.
In a statement issued yesterday, Department Commissioner Stewart took “full responsibility” for failing to inform the governor.
During the meeting, Stewart said that ICE reached out to the Division of Historical Resources under Section 106 of the National Historic Preservation Act of 1966, which requires federal agencies to consult with the division about potential construction projects.
“The Division of Historical Resources does not approve or deny projects under Section 106,” she said. “It does not authorize construction. It does not endorse a project's purpose. It provides professional, apolitical comments on potential impacts to historical or archeological resources.”
The documents show that the division alerted ICE on Jan. 21 that the project posed no threat to historical resources and thus no further consultation between the state and federal agencies was required. Stewart said that receiving such a letter does not mean “a project is approved, imminent, or even certain to proceed.”
Stewart and Division Director Ben Wilson described these Section 106 reviews as “routine,” with roughly 1300 conducted annually.
“Where the process failed is internal notification,” said Stewart. “Division leadership should have elevated this consultation to me because of its potential public sensitivity.”
Executive Councilor David Wheeler, whose district includes Merrimack, sharply criticized Stewart’s tenure.
“I have lost confidence in the leadership in your department, and I think you ought to consider moving up your resignation,” he told her. Stewart is currently slated to resign when her term ends in June.
Ayotte also criticized the federal government’s handling of the project.
“I don't think it's acceptable that the federal government has not provided more transparency on this,” she said.
The Merrimack town government has repeatedly said it is in the dark about any plans and has been unable to get any additional information from federal officials. Last month, the town council sent a letter to the Homeland Security Secretary Kristi Noem stating its opposition to the facility’s creation, citing potential adverse financial impacts.
