Preservation Action sent a letter to the leadership of the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources, urging lawmakers to exercise their oversight authority and oppose the Advisory Council on Historic Preservation’s (ACHP) proposed rewrite of the regulations implementing Section 106 of the National Historic Preservation Act (NHPA).
For sixty years, Section 106 has provided a framework for balancing the advancement of federal projects with the responsibility of federal agencies to “take into account the effects of their actions on historic properties”. While we support thoughtful reforms to Section 106 that help ensure a predictable and efficient process, as we state in the letter “the ACHP’s proposed rewrite would fundamentally upend the Section 106 process, goes far beyond congressional intent, and would actually lead to more delays and litigation. Additionally, the manner in which the proposed rule was developed – disregarding ACHP’s own established procedures and failing to allow for necessary and legally required consultation – raises serious concerns.”
The letter highlights some of our principal concerns:
- The proposed rule would eliminate meaningful consultation with State, Tribal, local governments and the public.
- Federal agencies would no longer be required to avoid, minimize, or mitigate harm.
- If the objective is certainty, the proposed rule moves in the wrong direction.
- ACHP should not rewrite the statute through regulation.
- The breadth of concern surrounding this proposal should give Congress pause.
We are urging the Senate Energy Natural Resources and House Natural Resources Committee to exercise their oversight authority and oppose the ACHP’s proposal as drafted and to hold hearings examining both the substance of the proposed changes and the process used to develop them.