Proposed NEPA Changes Could Harm Cultural Resources

Last week, the Trump administration unveiled its proposed changes to the National Environmental Policy Act (NEPA) regulations. We are very concerned that, if these changes are made, they will dramatically reduce consideration of cultural resources on infrastructure projects. In our initial review, the most worrisome changes are: 

  •  Introducing a new concept – “a threshold analysis” – to see if NEPA should apply at all, particularly for privately financed projects with “minimal government funding or involvement” (terms that have yet to be defined). This has the potential of reducing the number of projects requiring cultural resources review.
  • Limiting the consideration of indirect effects on the environment, effects that are often greater than direct effects. This has the potential of limiting the assessment of project effects on cultural resources. 
  • Banning groups that don’t weigh in during the public comment period from raising objections in litigation later in the process. This change runs counter to the fundamental NEPA goal of giving the public a voice in federal decision making and would curtail our ability to challenge potentially harmful projects.

Over the next two months, we’ll be further digging into the proposed changes and formulating our response. All comment letters on the proposed changes are due on March 10, 2020. The Coalition for American Heritage will share the results of our analysis and response, and make sample comment letters available so that interested individuals and groups may send their thoughts on these changes to administration officials.  For additional details on the proposed changes, read the Council on Environmental Quality’s fact sheet and draft regulations.