Preservation and the First 100 Days of the Biden-Harris Administration

During President-elect Biden’s first 100 days in office, there is much he could do to bolster America’s historic preservation programs. Whether or not Republicans maintain their Senate majority after the run-off elections in Georgia, Biden could make significant changes that don’t require the approval of Congress.

These changes would go a long way toward reversing some of the most troubling practices of the Trump administration. However, these suggestions aren’t simply reactionary. They also include proactive ideas that could transform the practice of historic preservation in the United States and around the world. By directing federal agencies to develop improved processes, Biden would reimagine preservation programs in a way that is more inclusive, predictable, and pro-active.

To strengthen preservation programs, Biden should:

  • Ensure that National Register regulations do not favor large, corporate landowners at the expense of local residents, businesses, and Tribes. The new regulations would allow large landowners to block National Register-listing of historic districts even when the majority of smaller landowners support listing. And Federal agencies can block listings on Federal lands even when listing is strongly supported by Tribes and other communities. The Trump administration is attempting to finalize new National Register regulations before inauguration day. Biden should do everything possible to prevent the new rule from taking effect as currently written.
  • Reinstate the original boundaries of the Grand Staircase Escalante and Bears Ears National Monuments. While the court cases challenging President Trump’s attempt to shrink the monuments are ongoing, Biden should reverse Trump’s Executive Order.
  • Appoint experts to key positions in the federal government. During Trump’s time in office, many key federal jobs have been left unfilled. For example, the National Park Service never had a director who was nominated by Trump and confirmed by the U.S. Senate. Appointing key, experienced leaders and securing their confirmations will bring stability and strengthen long-term planning efforts at the agencies.
  • Require the U.S. Army Corps of Engineers to rewrite their Appendix C regulations. The current version of Appendix C focuses on only those areas covered by a Corps permit and ignores the larger impacts resulting from a permit approval, which often extend well beyond a narrow permit area, thus hindering historic preservation efforts and leaving the Army Corps vulnerable to litigation.
  • Put into practice the U.S. Government Accountability Office’s report on tribal consultation, and require agency compliance with current Executive Orders on tribal consultation. Establishing clear, consistent tribal consultation policies across the federal government will honor the role of tribal governments, reduce conflict and improve permitting decisions.
  • Direct the Bureau of Land Management to once again carry out landscape scale planning for public lands in a way that is holistic and includes consideration of climate change. Taking a landscape approach to land management was abandoned during the Trump administration.
  • Make recommendations on what State and the Department of Defense could do differently overseas to better protect international cultural heritage.

By federal government standards, these changes are quick and easy. The president and key officials at federal agencies can make them happen without passing legislation.

In the upcoming weeks, the Coalition for American Heritage will be talking with the Biden transition team and the Biden appointees. We’ll urge them to make these changes and move forward in a way that strengthens and protects America’s commitment to historic preservation.