Bill Introduced to Protect Cemeteries from Highway Projects: A Bill was Introduced to Protect Historic African-American Cemeteries from Destruction by P3 Highway Projects

Bill Introduced to Protect Historic African-American Cemeteries from Destruction by P3 Highway Projects 

Legislation has been introduced in the Maryland Senate and House of Delegates by Senator Susan Lee (D-16) and Delegate Sara Love (D-16) that would protect Morningstar Moses Cemetery and Hall (MMC) in Cabin John, Montgomery County, from destruction by the proposed widening of the Capital Beltway as part of the I-495/I-270 toll-lane project. The companion bills are Senate Bill 960 and House Bill 1373, “Public Private Partnerships-Cultural Preservation.” 

The MMC is in the African American community of Gibson Grove, which was established by formerly enslaved people in the 1880’s. Project maps show some graves and parts of the Moses Hall Foundation are within the “Limits of Disturbance” of the proposed highway construction. The Maryland Historical Trust has determined that the MMC is historically significant and would be adversely affected by the widening of the Capital Beltway under the proposed I-495/I-270 toll-lane P3. Descendants, community members, and preservationists are trying to protect these important historic sites.

If enacted, the bill would prohibit the Maryland Department of Transportation (MDOT) from acquiring a right-of-way or exercising eminent domain for a highway project that adversely affects such sites unless the General Assembly approves the development of the project.

A Phase Developer has been selected by MDOT to begin pre-development work on Phase 1 of the P3. The Moses Hall and Cemetery are in the path of Phase 1. If the bill passes, it would create one more obstacle to the implementation of Phase 1. It would not only protect African American cemeteries and cultural sites from destruction that would result from the highway widening, but could also hinder the progress of the P3.

Map of Proposed Construction Zone

Morningstar cemetery.jpeg

 The bill is currently in the Rules Committees of both the House and Senate. When one or both committees take action to refer the bill to a standing committee for consideration, we will provide an update in our newsletter. We will include contact information so you can write the committee chairs and members to express support for the bill, request a hearing, and a favorable report on the bill to the full House and Senate. 


Early History of the Moses Hall and Cemetery

Morningstar Tabernacle No. 88, the official name of the Morningstar Moses Cemetery and Hall, is a chapter of the Order of Moses. The Order of Moses was a Post-Civil War benevolent society set up by formerly enslaved individuals, which used membership dues to provide financial help, burials, and social support to African Americans during segregation. 

The cemetery was established in 1885; there were over 70 burials between1894-1977. Moses Hall, a small lodge that hosted chapter meetings and community social gatherings adjoins the cemetery, and remains of the Hall’s foundation are still evident. The Gibson Grove church was formally established in 1898 on adjacent land. The church has been unused since a 2004 fire.

Construction of the Beltway Divided the Community

The Capital Beltway was built through Gibson Grove in the early 1960’s, dividing the Moses Cemetery and Hall from the Gibson Grove Church -- now located on opposite sides of the Beltway. The original construction of the Beltway divided the community; the proposed widening with four additional toll lanes under the I-495/I-270 P3 would have dire consequences.

It threatens further encroachment on this historic African-American community, the cemetery and burial grounds, and the perpetration of another racial injustice at a time when the pursuit of environmental justice is a top national priority.

Members of Maryland’s Congressional Delegation sent a letter to the Federal Highway Administration urging them to avoid physical impacts to the cemetery, hall, and church. The letter expressed concern that with a P3, the details of many design decisions would be in the hands of the private sector. The legislators wrote “…we risk once again committing the error of building roads without regard to the historic, cultural, and social values of vulnerable communities…”

State officials say they are trying to avoid the cemetery altogether but will reduce the impact if that is necessary. The State Highway Administration (SHA) archaeologist said the State tries to minimize damage to historical sites, but if that’s not possible will “mitigate” the impact, for example, by installing a historical marker.


Additional Information about the Morningstar Moses Cemetery

What’s the Latest? A New Website Resource with Answers to Your Questions

In Fall 2017, Governor Hogan announced that a public-private partnership (P3) would add toll lanes to I-495 and I-270.  For communities along I-270, the risks quickly became clear. Early on, the State trotted out a laundry list of alternatives for addressing rush-hour congestion. But it was obvious from the start that the State’s “preferred alternative” was to widen I-270 by adding multiple toll lanes.

The project has been a fiasco from the start. Public opinion is ignored. Environmental Impact Statement findings are glossed over. Planners can’t even pause long enough to consider how the ongoing pandemic might alter commuting patterns well into the future.

At this moment, the first actual contract for the P3 is on the table: the “pre-development” contract. The Maryland Department of Transportation (MDOT) announced they selected Accelerate Maryland Partners, LLC as the Phase Developer for Phase 1, which includes the American Legion Bridge (ALB) and I-270. Accelerate Maryland Partners is a consortium of companies controlled by Transurban, the Australian firm that developed the network of toll lanes in Northern Virginia.

So, 3-plus years into the P3 saga, what do we know? And what don’t we know? How might the P3 affect our homes, our environment, our wallets, and the quality of our lives? 

New to the dontwiden270.org website is a section with questions and answers (Q&A’s)  that will address some of these questions. Please send your questions to contactdontwiden270@gmail.com; we’ll be adding and updating as we get more information.

A few of the questions in the new Q&A section are as follows.  Check the website for the answers to these and other questions.

QA page.jpeg

The I-495 & I-270 P3 Program

  • Long ago, we were told that no properties would be taken along I-270 and that most changes would fall within the existing footprint. Is that still the case? 

  • MDOT recently announced a “Phase I Developer” to oversee preliminary development work on the American Legion Bridge and I-270. What does that entail? 

  • Do our elected representatives in the General Assembly have any role in approving or rejecting this toll-lane contract? 

  • What about the courts? Are any lawsuits in the works? 

  • How much would the tolls be? How is the toll range determined?

  • What is the projected timeline for Phase 1?

Action Item

What can I do to stop the predevelopment project from moving forward?

Right now, you can write to Comptroller Peter Franchot, the deciding vote on the Maryland Board of Public Works (BPW). Please write Comptroller Franchot if you haven't written him yet and write him again if you have previously contacted him.MDOT must obtain approval from the BPW for a contract with the Phase Developer. For the project to move forward, two of the three BPW members must approve the agreement.   

Write Comptroller Franchot at pfranchot@comp.state.md.us and tell him that Maryland taxpayers could be stuck with hundreds of millions of dollars in expenses and future costs. Refer to our February 7 newsletter for more information on financial concerns. Be sure to say that no P3 agreement should be approved by the BPW until the Final Environmental Impact Statement (FEIS) is completed.


Please Support our Partner

Our valued partner, the Maryland Transit Opportunities Coalition (MTOC) is a unique center of technical and policy expertise on transit and equitable transportation and provides us with insight to give you accurate information, including answers to the questions on our new Q&A website section. To make a donation of any size, online or by check, follow this link: https://transitformaryland.org/contribute. Thank you!

Rushing to Close 50-Year Deal, MDOT Picks Developer to Add Toll Lanes to I-270. We Still Have Time to Stop It!

On February 18, 2021, the Maryland Department of Transportation (MDOT) and the Maryland Transportation Authority (MDTA) announced they selected the private, Australian-based consortium Accelerate Maryland Partners, LLC as the toll-lane project’s Phase 1 Developer. Phase 1 includes I-495 from the George Washington (GW) Parkway in Virginia, across and including the American Legion Bridge to I-270, and I-270 from I-495 to I-70 in Frederick.

As Phase Developer, Accelerate Maryland Partners will oversee the design, financing, construction, and maintenance of the toll lanes for a term of 50 years. It will come up with the actual design for the managed lane project, and the public won’t know the details and commitments until they are announced. The Phase Developer, not MDOT, will be the primary liaison with the public, and will interact and negotiate agreements with affected stakeholders, including the City of Rockville.

Accelerate Maryland Partners, LLC, is a consortium of four firms. The team includes:

  • Lead Project Developer/Equity:  Transurban (USA) Operations Inc. and Macquarie Infrastructure.  Transurban is an Australian-owned company operating toll roads in Australia, the United States, and Canada. Macquarie Capital is the principal investment arm of Macquarie Group Limited, an Australian multinational investment bank and financial services company.

  • Designers:  Dewberry Engineers, Inc. and Stantec Consulting Services, Inc. Dewberry provides professional engineering services in 17 states and is headquartered in Virginia. Stantec is a Canadian design company with offices worldwide.

  • Note: The construction contractor was dropped and no construction contractor has yet been named. That means MDOT moved ahead without knowing anything about the company that will build the toll-lanes!

We will report more information about the Phase Developer and details of their plans as they become available. Recent articles on the selection of the Phase Developer can be found at Dontwiden270.org’s website tab “Media Archives

Action Item 

MDOT must obtain approval from the Maryland Board of Public Works (BPW) for a contract with a Phase Developer to begin pre-development design. For the project to move forward, two of the three BPW members must approve the agreement. Comptroller Peter Franchot is the swing vote.  

Write Comptroller Franchot at pfranchot@comp.state.md.us. Tell him that no P3 agreement should be approved by the BPW until the final environmental impact statement (FEIS) is completed in accordance with NEPA regulations. An FEIS is essential to adequately assess and mitigate impacts to communities and properties, utility conflicts, and environmental consequences, and to develop a design that considers these critical factors. 

As stewards of the State’s finances, the BPW must consider the costs that this project will incur. Governor Hogan promised there would be no net cost to taxpayers for the toll lane project, but MDOT’s own Draft Environmental Impact Statement and Request for Proposals show that’s not true. Tell Comptroller Franchot that Maryland taxpayers could be stuck with hundreds of millions of dollars in expenses and future costs. Refer to our February 7 newsletter for more information on financial concerns.

Please Support our Valued Partner

Some of you, our readers, have offered to help cover our costs, but we are not set up to receive donations. However our valued partner, the Maryland Transit Opportunities Coalition (MTOC), can accept donations. MTOC is a unique center of technical and policy expertise on transit and equitable transportation and provides us with insight to give you accurate information. 

MTOC uses donations to help cover its website expenses, printing of fliers, and more. To make a donation of any size, online or by check, follow this link: https://transitformaryland.org/contribute. Thank you!

Upcoming Meetings 

  • Wednesday, February 24 at 9:00 am:
    Virtual rally and press conference on the MDOT Promises Act and P3 Reform bill. This event is happening a few hours before the MDOT Promises Act will be heard in the Senate Budget & Taxation Committee. Dontwiden270.org is a co-sponsor of this rally. Please sign up for the event here.

  • Thursday, February 25 at 9:00 am:
    The Maryland Transportation Authority (MDTA) Board is meeting to discuss the P3 agreement. This is an open meeting conducted via livestreaming, and the public can watch. Here's the agenda for the meeting.

Short Video Worth Watching

Here's a rather vivid VOX video (6 min) showing how highways grow…are we headed for this with I-270?
https://www.youtube.com/watch?v=2z7o3sRxA5g