A decision on whether to list Nantucket Sound on the National Register of Historic Places is now in the hands of the National Park Service. A ruling to list the Sound would not automatically kill Cape Wind's proposed wind farm, but it could lead to delays in the project's construction, as the project would be forced to meet new requirements.

In a letter sent to the U.S. Minerals Management Service yesterday, Massachusetts Historical Commission executive director Brona Simon said she disagrees with the federal agency's determination earlier this year that the Sound is not eligible for the historic register listing.

Simon's finding further delays a long-anticipated decision by the Department of the Interior on Cape Wind's proposed Nantucket Sound wind farm. The Minerals Management Service - a division of the Interior Department - is the lead federal agency to review the plan to build 130 wind turbines in the Sound.

Because of the difference of opinion between the federal and state agencies, a formal declaration of eligibility for historic register listing is now required from the National Park Service. That decision must come within 45 days and is not subject to appeal, Brian McNiff, spokesman for the state historical commission, said yesterday.

In a 21-page opinion attached to Simon's letter, state officials outlined archaeological, historic and ethnographic information contending that the Sound should be listed as a traditional cultural property.

"The identity and culture of the indigenous Wampanoag are inextricably linked to Nantucket Sound," the opinion states, mirroring claims of the Mashpee Wampanoag and the Wampanoag Tribe of Gay Head (Aquinnah). "The long archaeological and historical record of dependence upon marine resources and the ocean setting are well documented, with many illustrative historical and contemporary examples of the specific use of Nantucket Sound by the Wampanoag."

Feds list few impacts

The Minerals Management Service released a largely favorable environmental report in January that found minor or negligible impacts from the proposed wind farm, including minor impacts on cultural resources from construction of the turbines.

A review of the potential historic and tribal impacts of the project's operation has been under way since the federal environmental report was issued.

While the tribes are responsible for declaring whether they consider the Sound a traditional cultural property, Simon's "concurrence is heartening," said Bettina Washington, historic preservation officer for the Aquinnah tribe.

Recent questions raised in newspaper editorials and other media about the tribes' motivations are surprising, Washington said.

Authors of the editorials have implied the tribes are working at the behest of the main anti-Cape Wind group, the Alliance to Protect Nantucket Sound. "I'm taken aback a little bit by the questioning of our beliefs," Washington said.

The tribes have contended for years that their oral history proves that the Sound, which was at one time above water, is part of their traditional homeland, she said. "We're looking for due process," Washington said, adding that tribal officials hope no wind farm will block the tribe's spiritually significant views of the Sound.

The tribes do not oppose wind energy, she said.

The Vineyard tribe is also confronted with the possibility of another large wind farm in the other direction, she said. The state's draft ocean management plan, due out Dec. 31, includes the possibility of a 166-turbine wind farm located southwest of the island.

Cape Wind spokesman Mark Rodgers criticized the state decision on the Sound's historic significance. "We think the decision is unfortunate and flawed," he said.

Decision expected soon

Despite the apparent setback, Cape Wind has received good news in recent weeks.

U.S. Secretary of the Interior Ken Salazar announced in the past week that he would push for a decision on Cape Wind by the end of the year. In addition, Rodgers said, the National Park Service sent a letter to the Minerals Management Service last month that stated the adverse impact from Cape Wind on two national historic landmark properties - the Nantucket Historic District and the Kennedy compound in Hyannisport - would be only "indirect," making it likely the National Park Service would agree the Sound should not be listed on the National Register of Historic Places.

Rodgers also questioned whether opponents of the project truly understand what such a listing would mean for other projects on the shores of the Sound, including docks and marinas that would face more red tape.

Audra Parker, executive director for the Alliance to Protect Nantucket Sound, said the state commission's ruling legitimizes the tribes' claims.

Parker said she does not see potential conflicts between current uses on and around the Sound if the listing takes effect.

"My understanding of a traditional cultural property is that it protects traditional uses, which would include fishing," she said.