Army Corps Proposes Rescinding Appendix C

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For the past five years, the Coalition has been urging the U.S. Army Corps of Engineers to rescind Appendix C. Appendix C procedures were never approved as a counterpart regulation by the Advisory Council on Historic Preservation. The procedures have been problematic in several ways and have left the USACE vulnerable to litigation. Furthermore, the Appendix C procedures have been applied inconsistently across the country and have limited the USACE’s ability to be a good steward of America’s historic and prehistoric heritage.

We are very pleased that the USACE is now proposing to rescind Appendix C. USACE would instead rely on ACHP’s regulations and joint USACE/ACHP guidance for implementation of Section 106. The Army intends to coordinate closely with Tribal Nations and ACHP throughout this rulemaking effort.

When the rulemaking is published, we’ll share details on how you can share your expertise with the federal government. 

President Biden Announces Uniform Standards for Tribal Consultation 

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At the White House Tribal Nations Summit, President Biden announced a new memorandum establishing uniform standards be implemented across all federal agencies on how tribal consultations are conducted.

Establishing clear, consistent tribal consultation policies across the federal government will honor the role of tribal governments, reduce conflict and improve permitting decisions.

The President’s memorandum is an excellent step toward achieving these goals. For additional details on the President’s announcements at the White House Tribal Nations Summit, click here.

Updates from Washington: Revival of Permitting Bill, Urging USACE to Rescind Appendix C

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Hear our predictions on whether or not the U.S. Senate can revive a deal to streamline the federal permitting process. Get the full story on why we are urging the U.S. Army Corps to rescind Appendix C. Read our October newsletter for full details.

Another Try at Permitting Reform?

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Last week, Sen. Manchin (D-WV) was unsuccessful in his attempt to pass permitting reform legislation as part of a continuing resolution to fund the federal government. He couldn’t get the requisite 60 votes in the Senate. Nonetheless, Washington gossip immediately turned to a possible second try for Sen. Manchin in the lame duck session this December.

Could a permitting bill pass in 2022? It’s unlikely. Here’s why:

  1. Sen. Manchin just lost his best opportunity. He had the support of the President, the Senate Majority Leader, and the Speaker. His bill was attached to must-pass legislation, providing cover for members to vote for the bill in the name of avoiding a federal government shutdown. It’s hard to imagine a scenario that could be more favorable to his cause. But he still couldn’t get the votes.
  2. Permitting bill supporters would like to see the legislation attached to another must-pass piece of legislation, like the National Defense Authorization Act (NDAA). However, there’s increasing frustration in Congress with turning the NDAA into a Christmas tree, a bill that contains lots of unrelated amendments and provides a little something for everyone. For example, Sen. Joni Ernst (R-IA), a member of the Armed Services Committee, has already been publicly saying that she doesn’t want non-germane amendments added to the bill.
  3. The elections in November could lessen the likelihood of immediate action. If Republicans win the majority in either chamber of Congress, they may opt to wait to consider permitting reform legislation. Why compromise with Democrats in a lame duck session rather than bring up their own version of the bill in a Republican-controlled chamber in 2023?
  4. It’s very difficult to pass legislation in a closely divided Congress. Any changes Sen. Manchin makes to the bill will inevitably cause him to lose support from one side or another. If he drops the requirement to approve the Mountain Valley Pipeline, he may win the support of some Democrats, like Virginia Sen. Tim Kaine (D-VA), who opposed the provision. But it could cost of him the support of Republicans, like Sen. Shelley Moore Capito (R-WV), who is a big proponent of the pipeline. It’s very hard to see how he can get 60 votes.
  5. The environmental justice movement strongly opposed the bill. Were the bill to be revived in the lame duck session, it would reenergize the movement. On top of that, 77 House Democrats and 5 Senate Democrats signed letters opposing the plan to attach the permitting bill to the continuing resolution. This political dynamic complicates prospects for the bill in the lame duck.

Many members of Congress want to change the federal permitting process. After the continuing resolution passed, some senators reiterated their interest in moving a bill to improve federal permitting before 2022 ends. Election year politics, ongoing disputes over the Mountain Valley Pipeline, and the opposition of environmental justice movement will make it very difficult to secure the 60 votes needed in the Senate for the bill to be enacted. Despite the chatter about taking another swing at the bill, it is unlikely we’ll see Congress pass permitting reform this year.

Coalition Urges Senate Vote on ACHP Chair Nominee Sara Bronin

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In a letter organized by the American Institute of Architects, the Coalition for American Heritage joined with other advocacy groups in urging Senate leaders to schedule a vote on the nomination of Sara Bronin to chair the Advisory Council on Historic Preservation. Read the letter to learn more about why the Coalition supports her nomination.

Coalition Urges Army Corps to Rescind Appendix C

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In response the U.S. Army’s request for comments, the Coalition for American Heritage submitted a letter outlining why the Army should rescind Appendix C. Instead of using a program alternative, the Coalition urges the U.S. Army to follow the Advisory Council for Historic Preservation’s regulations governing compliance with the National Historic Preservation Act. In addition, the Coalition has several practical suggestions for how the U.S. Army could improve its regulatory and tribal consultation policies.

Read the Coalition’s comment letter here.

Coalition Asks Congress to Pay UNESCO and World Heritage Dues

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In a letter to Congressional leaders, the Coalition for American Heritage and other leading preservation organizations urged Congress to pay the dues the United States owes to the United Nations Educational, Scientific, and Cultural Organization (UNESCO) and the World Heritage Fund.

At present, there are 24 sites in the United States on the World Heritage List. Should the U.S. government continue to be in arrears, future nominations to the World Heritage List may be jeopardized.

To read a full copy of the letter to Congress, click here.

Coalition Celebrates National Register Listing of Shockoe Hill African Burying Ground

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The Coalition for American Heritage is celebrating the successful nomination of Shockoe Hill African Burying Ground to the National Register of Historic Places. Last November, the Coalition sent a letter to the Virginia Department of Historic Resources in support of the nomination.

Shockoe Hill African Burying Ground is the final resting place of more than 22,000 enslaved and free African Americans in Richmond, Virginia. During many decades of official neglect, the site was desecrated, and graves were robbed.

The Coalition for American Heritage congratulates all those who worked to bring long overdue recognition to Shockoe Hill African Burying Ground. Just this month, Virginia unveiled a historic marker at the site. To further commemorate the space, the Richmond City Council approved up to $1/2 million in funding to plan, design, and implement further memorialization of the property.

To support federal legislation that would help fund community efforts to preserve and commemorate historic African American cemeteries, please ask your Member of Congress to cosponsor HR 6805/S 3667, the African American Burial Grounds Preservation Act. Click here for specific examples of how to email Congress on behalf of this crucial legislation. Organizations that support the bill can click here to add their names to a letter of support for the bill.

House Appropriations Committee Proposes $171 Million for the HPF

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Yesterday, the House Appropriations Committee released its draft bill to fund the U.S. Department of the Interior. The legislation provides $171 million for the Historic Preservation Fund. Within this amount, the bill includes:

$82 million for State and Tribal Historic Preservation Offices,

$26.5 million for Save America’s Treasures competitive and project grants,

$26.75 million for competitive grants to preserve the sites and stories of civil rights movement,

$3 million for a competitive grant program to honor the semiquincentennial anniversary of the United States by restoring and preserving sites and structures that commemorate the founding of the nation,

$1.25 million for competitive grants to survey and nominate properties associated with underrepresented communities to the National Register, and

$10 million for grants to Historically Black Colleges and Universities.

In addition, the bill provides $8.585 million for the Advisory Council on Historic Preservation and $15 million to plan observances and activities in honor of the 250th anniversary of America’s founding.

Next, the Senate Appropriations Committee will put forward its proposal for funding the agency. As Congress debates the bill, the Coalition for American Heritage will continue advocating for robust funding of America’s historic preservation program.

Webinar Provides Key Updates on Burial Grounds Bill

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Get the latest news on the creation of a federal grant program to fund the preservation of historic African American cemeteries! Find out how you can be involved. Watch this recorded webinar for all the details!