Update from Washington

To read the latest news on heritage issues, click here. You will find details on our recommendation that the Army Corps of Engineers (USACE) repeal Appendix C, plus directions for how you can advise the USACE on streamlining their regulations. You will also get details on how the State of California is challenging the federal government’s plan to ignore critical heritage preservation laws. In addition, we are seeking input from experts in the field who have worked on rebuilding after a hurricane.

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Coalition Recommends Repeal or Replacement of Appendix C

The Coalition for American Heritage recognizes that Appendix C procedures are hindering historic preservation efforts. In a letter to the United States Army Corps of Engineers (USACE), the Coalition suggests that the USACE revise or replace Appendix C of 33 CFR part 325.

We wrote the letter in response to a call for comments from the USACE.  The USACE, like other federal agencies, is trying to implement President Trump’s Executive Order on “Enforcing the Regulatory Reform Agenda,” requiring agencies to reduce the number of regulations.

In our letter, we note that 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.

To read our letter to the U.S. Army Corps of Engineers, click here.

September Update from Washington

New Limits Imposed on NEPA Studies
A new order from the Department of the Interior (DoI) says that all of its Environmental Impact Statements should be no longer than 150 pages. Unusually complex projects may be allowed up to 300 pages. It also required the studies to be completed within one year of public notice being given. Each bureau at DoI — including the National Park Service and Fish and Wildlife Service — must also submit a proposal for page limits and deadlines for environmental assessments. Although it has been billed as a way to reduce paperwork, this order is widely feared to be cover for cutting corners on environmental and historic preservation reviews.

Despite Public Outcry, Secretary Zinke Recommends Shrinking National Monuments
Almost 3 million people responded the President Trump’s Executive Order requesting a review of the national monuments designated since 1996. The overwhelming majority of public comments submitted to the Department of the Interior favored maintaining the sites’ existing boundaries. Nonetheless, Interior Secretary Ryan Zinke recommended that President Trump alter at least three national monuments, including Utah’s Bears Ears and Grand Staircase-Escalante national monuments, as well as Oregon’s Cascade-Siskiyou National Monument. President Trump has yet to act on the recommendations. Any attempt to alter existing national monuments is likely to spark a long legal battle over whether or not Presidents can change national monument designations made by their predecessors.
Congress Deadlocked on Appropriations, Negotiations Will Drag Out for Months
Congress voted to pass a Continuing Resolution, a temporary measure that will fund the government at current levels through early December. In the meantime, Congress will continue debating the final appropriations bills to fund the federal government for the rest of fiscal year 2018. We need to remind Congress about the importance of heritage preservation. Let’s urge Congress not to make any cuts in funding to vital programs like the Historic Preservation Fund, State and Tribal Historic Preservation Offices, and the Civil Rights Initiative.

Invite Your Lawmaker to Visit You at Work
Kudos to New South Associates, Inc. on meeting with Congressman Hank Johnson of Georgia to discuss historic preservation and showcase Abby the ArchaeoBus. On-site visits, like this one, give Members of Congress a great, hands-on look at the work we do.These meetings are crucial to building support for our priorities. Speak up to protect America’s historic treasures!

We Will Help Set Up a Visit
Given the political climate in Washington right now, it is more important than ever to engage with our lawmakers. Members of Congress will be home September 16-23, and they want to hear what matters to the people of their communities. We have a step-by-step guide to help you arrange a meeting with your Member of Congress. Plus, we have handouts about our issues that you can download and take to your meeting about help with any additional advice or materials you may need. Please don’t hesitate to contact us.

Welcome to Our New Coalition Members!

Welcome to our new members: Aspen Ridge Consultants, Florida Public Archaeology Network-Northwest Region, the Council for Northeast Historical Archaeology, George W. Bush Childhood Home, Missouri Germans Consortium, Preservation Maryland, Preservation Utah, Preserve Rhode Island, Captain Pollard’s Flintlock Farm, The Lost Arts Collaborative, and the San Francisco Museum and Historical Society!

Thanks to the generous support of our four founding organizations: the American Cultural Resources Association, the Society for Historical Archaeology, the American Anthropological Association, and the Society for American Archaeology, membership in the Coalition is free.

As a Coalition member, you will receive emails with updates about how decisions in Congress and the White House impact our areas of concern. Plus, we’ll provide helpful tools to assist you and your members in contacting your representatives in Congress and submitting comments to federal agencies. We offer specific, timely information so that you have what you need to quickly and efficiently register your opinion. Organizations and Individuals can join today.

For more of the latest heritage-related news, please follow us on Facebook and Twitter.

Trump Touts Infrastructure Plan, Slams Consultants

In a controversial press conference at Trump Tower on August 15th, President Trump announced a new Executive Order on infrastructure and answered questions from the press. His comments on the white supremacist rally in Charlottesville, VA garnered the most attention, but the Executive Order is also critical because of its potential impact on historic preservation efforts throughout the country.

In making his announcement, President Trump lambasted consultants and said that the review process often caused decades of delays. The President said, “consultants are rich people. They go around making it very difficult … so that you have to hire consultants and that you have to take years and pay them a fortune. So we are streamlining the process, and we won’t be having so much of that anymore.” He said that we have a “badly broken infrastructure permitting process” that constitutes a “massive self-inflicted wound” on our country.

The Executive Order aims to streamline the permitting process for new infrastructure projects. It directs federal agencies to complete environmental reviews of major infrastructure projects within an average of two years. Furthermore, it requires one federal agency to assume the lead in coordinating the necessary environmental reviews to produce “one federal decision.”

The Coalition favors commonsense approaches to making permitting reviews more efficient, effective, and consistent. We are making our views known to the federal agencies responsible for implementing the new executive order and will work against changes to the permitting process that would imperil historic resources. For more updates on what’s happening in Washington, DC, join the Coalition – membership is free.

How to Streamline Regulations without Harming Historic Resources

The Coalition for American Heritage worked with the National Trust for Historic Preservationthe National Conference of State Historic Preservation Officers, and the National Association of Tribal Historic Preservation Officers to suggest ways that the U.S. Department of Transportation (DOT) could streamline the permitting process.  We proposed common-sense improvements to implementation.  Many of these ideas have already been field-tested — they just need to be more widely adopted.

The Coalition for American Heritage supports best practices that will help avoid unnecessary permitting delays without sacrificing important protections for our historic and environmental resources.

We wrote the letter in response to a call for comments from the DOT.  The DOT, like other federal agencies, is trying to implement President Trump’s Executive Order on “Enforcing the Regulatory Reform Agenda,, requiring agencies to reduce the number of regulations.    

To read our letter to the Department of Transportation, click here.

 

 

 

 

 

July Update from Washington

July in Washington, D.C. is a hectic time.  Congress and the Administration rush to pass laws and finalize decisions before August, when Congress goes on recess and the city feels deserted.  The flurry of activity has brought both good and bad news for supporters of historic preservation.

Meet With Your Member of Congress in August!

Given the political climate in Washington right now, it is more important than ever to engage with our lawmakers.  Members of Congress will be heading home in August, and they want to hear what matters to the people of their communities.  We have a step-by-step guide to help you arrange a meeting with your Member of Congress.  Plus, we have handouts about our issues that you can download and take to your meeting about help with any additional advice or materials you may need.  Please don’t hesitate to contact us.

Defend Heritage Concerns During Public Comment Periods

We worried when President Trump ordered a review of all national monuments designated since 1996.  In response, the Coalition for American Heritage sent a letter to Secretary Zinke in defense of our national monuments.  More than 2.5 million Americans flooded the Department of the Interior with their comments too — including many of you.  They are proof of the widespread public support for the special places in America that tell our collective story.

Calls for public comment have been issued by other agencies as well, and it is vital that we respond. The Coalition submitted joint comments with the National Trust for Historic Preservation suggesting ways that the U.S. Department of Transportation can implement best practices that will help avoid unnecessary permitting delays without sacrificing the critically important protections that our laws give to our treatment of historic and environmental resources. Similarly, we submitted responses to the Bureau of Land Management on how the agency can improve its planning and permitting processes.

Budget Cuts Loom, But Congress Shows Support for Heritage

After President’s Trump’s budget proposal was revealed, many of us in the historic preservation community were deeply dismayed to see the massive cuts he proposed to key programs. But, while the President’s budget proposal is an important public statement of his values and priorities, Congress determines the final budget numbers. The Appropriations Committee of the U.S. House of Representatives is determining the funding levels for several important programs in the fiscal year (FY) 2018 budget.

The House bill includes:

  • $145 million each for the National Endowment for the Humanities and the National Endowment for the Arts
  • $74.41 million for the Historic Preservation Fund — a $6.5 million drop from FY17’s high of $80.91 million, but substantially more than the $51.1 million that the President proposed
  • State and Tribal Historic Preservation Offices would receive $56.41 million instead of the $58.41 million they received last year — a $2 million cut
  • $500,000 for Underrepresented Community grants
  • $5 million for Save America’s Treasures
  • $6.4 million for the Advisory Council on Historic Preservation, as it had requested

We are disappointed to report that the Civil Rights Initiative and the Historically Black Colleges and Universities (HBCU) are both facing cuts.  Last year, the Civil Rights Initiative received $13 million, but the FY2018 bill only provides $10.5 million to document and preserve civil rights history in the national park system. HBCUs were cut by 40% — from $5 million to $3 million.

President Trump came into office vowing to cut all funding to the National Endowment for the Humanities (NEH), but the current bill allocates $145 million to NEH. Again, it is a drop from last year’s number ($150 million), but a significant improvement upon the President’s proposal.  We hope that these funds will enable the nation to continue supporting archaeology and anthropology research that illuminates our history.

While these numbers are far from final, they are good indicators of the climate we face. They demonstrate that Members of Congress are willing to fund historic preservation programs at a higher level than President Trump envisioned.  But, for programs that have already had to make do with insufficient funding, these cuts are problematic.

We will continue to monitor the bill and advocate for the funds needed to protect America’s cultural resources.

Welcome to Our New Coalition Members!

Welcome to our new members: Save Our Heritage OrganisationThe Council of South Carolina Professional ArchaeologistsHeritage Ohio, and Crow Canyon Archaeological Center! Thanks to the generous support of our four founding organizations: the American Cultural Resources Association, the Society for Historical Archaeology, the American Anthropological Association, and theSociety for American Archaeology, membership in the Coalition is free.

As a Coalition member, you will receive emails with updates about how decisions in Congress and the White House impact our areas of concern.  Plus, we’ll provide helpful tools to assist you and your members in contacting your representatives in Congress and submitting comments to federal agencies.  We offer specific, timely information so that you have what you need to quickly and efficiently register your opinion.  Organizations and Individuals can join today.

For more of the latest heritage-related news, please follow us on Facebook and Twitter.

 

Update: There’s Still Time to Comment on Marine Sanctuaries and Monuments

Due to high levels of public interest, the deadline for public comments was extended until August 14, 2017.

More than 425 million acres of shipwrecks, coral reefs, beautiful beaches, and underwater habitats are threatened by a review of marine sanctuaries and monuments.  The President ordered the U.S. Department of Commerce to review any action taken since 2007 that expanded or established a marine sanctuary or national monument.  Eleven areas fall under this category.  Some, like Thunder Bay National Marine Sanctuary, could be reduced in size.  Thunder Bay, located on Lake Huron in Michigan, is home to 116 shipwrecks that are of great interest to divers and researchers.

To submit your views, click here.

Congress Rejects President Trump’s Effort to Defund the Endowments

Despite President Trump’s proposal to cut all funding for the National Endowment for the Humanities (NEH) and the National Endowment for the Arts (NEA), Congress is signalling its support for these programs.  

The U.S. House of Representatives Committee on Appropriations just passed a bill that includes $145 million for each, NEH and NEA.  Last year, both programs received $150 million apiece.  

While the Coalition for American Heritage is dismayed to see any cuts in funding, we are heartened by the support that many Members of Congress have shown.  Next, the bill be voted on by the U.S. House of Representatives before being sent to the U.S. Senate for consideration.

We will continue to advocate for full funding of the endowments and generous support of America’s anthropological and archaeological research.  

Update: House Subcommittee Hearing Targets National Historic Preservation Act

Summary of the Natural Resources Subcommittee on Oversight Hearing

“Examining Impacts of Federal Natural Resources Laws Gone Awry, Part II”

Available to view on-line

The July 18th hearing was a proxy battle for ongoing partisan arguments over regulation, climate change, and industry access to administration officials.

Opening Statements by Members of Congress

Rep. Westerman, chair of the subcommittee, opened the hearing by saying that many laws give the federal government more power than Congress intended and create an enormous burden for federal agencies.  He alleges that the laws are misapplied and vulnerable to abuse, and that it is necessary to bring the laws back to Congress’s original intent.

Rep. McEachin, the ranking Democrat, said that the hearing was unfair and accused the Trump administration of prioritizing coal, oil and gas over fishing, camping and hunting.  The Congressman added that the true purpose of the hearing was to undermine our environmental laws while ignoring climate change, the biggest threat we face.

Witness Testimony

Dr. Amos Loveday’s testimony focused on what he sees as the unintended consequences of applying Section 106 to sites that are “determined eligible” for the National Register, but not actually on the list.  Dr. Loveday pointed out that the creation of the National Historic Preservation Act rested on 2 assumptions: 1) the creation of the Register, based on a federally-funded nationwide search, and  2) the idea that federal agencies would consult the Register and try to avoid listed sites.  However, because no money was appropriated to create the list, the U.S. Park Service devised a temporary solution, which Nixon ratified with an executive order and rendered listing unnecessary.  Now, he says we are dealing with a temporary fix, 50 years after it went into effect.  Dr. Loveday suggested that Congress may want to redirect money in system to make the listing.

Ms. Patty Brandt, of Keep Eastmoreland Free, talked about her experience in contesting an attempt to list her neighborhood on the National Register.  She said that the NHPA is being abused at the level to subvert local planning processes.  Ms. Brandt said that historic designation shouldn’t be a back door to changing local zoning laws.

Ms. Amanda Leiter, from American University, Washington College of Law, was an official in the Department of the Interior during the Obama administration.  She emphasized the ways in which our laws create a balance between the competing needs of industry, various levels of government, and the public.  Ms. Leiter acknowledged that someone is always unhappy with these decisions because there is no way to accomodate everyone, but emphasized the legal requirement to hear from all stakeholders.  She expressed concern that the Trump administration, and Secretary Zinke in particular, are listening only to industry executives.  Finally, Ms. Leiter said that the elephant in the room is climate change.  She told the subcommittee members that they should be focused on dealing with climate change, not searching for missteps by Obama administration.

Question and Answer Session

In the follow-up questions, Rep. Westerman went fishing for an example of a project that was cancelled or horribly delayed by the Section 106 process.  However, Dr. Loveday testified that the process usually took 3-4 months.

Rep. Coleman Radewagen asked Ms. Brandt what federal changes could improve the

Historic designation process.  Ms. Brandt suggested that the onus put on the individual that seeks the designation, that historic districts be smaller in scale, and that the period for contesting the designation be longer.

House Subcommittee Takes Aim at National Historic Preservation Act

The House Committee on Natural Resources, Subcommittee on Oversight and Investigations will hold an oversight hearing titled, “Examining Impacts of Federal Natural Resources Laws Gone Astray, Part II” on Tuesday, July 18th, at 10:00 a.m. To watch the hearing live, click here.  Hearings are also posted to the Committee’s web site and can be viewed later.

In holding this hearing, the Natural Resources Committee is creating a record on the issue.  It is not considering a specific legislative proposal.  Rather, it is building a case for exploring potential regulatory and legislative changes to the National Historic Preservation Act.

According to the hearing memo, “this oversight hearing will examine the federal government’s implementation of the National Historic Preservation Act of 1966, with a focus on instances where the application of these statutes strays past the original intent of Congress.  Over the years, implementation of these laws in certain instances has evolved beyond their original mission and has led to burdensome and inefficient regulatory processes, litigation, and adverse effects on the American taxpayer.  The hearing will highlight provisions of these laws that are vulnerable to abuse, as well as identify potential reforms to improve the effectiveness and efficiency of the acts.”

Section 106 will receive significant attention.  The Committee memo says “Of all NHPA provisions, Section 106 most profoundly impacts other federal agencies as well as individuals and businesses that interact with them. . . The requirement that agencies consider “eligible” properties has generated uncertainty and drastically broadens the scope of the review.”

The testimony in the hearing, and the questions posed by members of the committee, will provide broad outlines of what arguments we are likely to see on both sides.  The following witnesses are scheduled:

Ms. Patty Brandt, Resident, Eastmoreland Neighborhood, Portland, OR

Ms. Amanda C. Leiter, Professor, American University, Washington College of Law, Washington, DC

Mr. Amos J. Loveday, Ph.D., Atchley Hardin Lane, LLC, Columbus, OH

Ms. Nikki Martin, President, International Association of Geophysical Contractors, Houston, TX

After the hearing is complete, we will provide a summary.