To all our NYSAA members,
We are sending this email to make you aware of changes that the Advisory Council on Historic Preservation (ACHP) is proposing to Federal Section 106. Section 106 is the regulation that protects historic properties of all types (buildings, structures, battlefields, archaeological sites, underwater resources, historic and Native landscapes and more) when a construction project is proposed that requires federal funds, a federal permit, or is undertaken by a federal agency.
The Advisory Council on Historic Preservation (ACHP) is advancing a sweeping and damaging proposal to rewrite the regulations for Section 106 of the National Historic Preservation Act (NHPA). If implemented, these new rules would dramatically diminish the effectiveness of the NHPA and the current legal protections for historic and cultural places.
Most of the proposed changes would allow federal agencies to determine at their discretion, if Section 106 applies to a project, of if a project could be excluded from review (for many reasons enumerated in the proposed new rules). More importantly, it makes public participation, and Tribal participation “optional” and at the discretion of the federal agency.
Since the enactment of NHPA 60 years ago, Section 106 has been the foundational requirement for federal agencies to “take into account” the effects of their actions on historic properties and places, enabling public participation and comment in the process, empowering state and local governments and Tribal communities to have a voice in the process, and often improving the project and enhancing the outcome.
These new regulations will lead to more delays and more litigation as federal agencies and applicants try to navigate compliance without the well-known and well-used consultation process, which often leads to negotiated win-win outcomes. The preservation community and our partners across the country are mobilizing to fight this harmful proposal.
The changes effectively:
- Eliminates Historic preservation concerns as part of consultation
- No Review of alternatives to minimize or avoid adverse impacts
- Eliminates the need to address conflict of interest among applicants, consultants or designees
- Removes substantive and process for Tribal & Thpo consultation
- Removes and limits the involvement of the public
- Gives Congress the right to overrule the Federal agency, THPO or SHPOs decisions
- Excludes the THPO/SHPO from the determination of what constitutes a historic property and any potential impacts
- Eliminates indirect effects and impacts,
- Eliminates consideration of cumulative effects
- Severely limits the process to disagree / contest Council findings
- Limits the results of the “consultation” to a Memorandum of Decision
This is not simply a change in procedure.
It is a transfer of power over the American public’s history.
It will determine who benefits from federal decisions and who is expected to suffer the loss.
Section 106 is the voice of the American Public—your voice—to say that history matters to you. These revisions if implemented, would remove your voice from the process.
NYSAA is following these changes closely, and intends to provide comments during the public comment period. We urge all our chapters and members individually to do the same. Here is a link to the National Trust for Historic Preservation (NTHP) website with more information. And here are their suggestions for what we all can do:
What Can You Do?
- Follow Updates at savingplaces.org/section106. All links for the items below will be shared in the chat and on the Section 106 webpage.
- Send us examples of Section 106 consultations that benefited your community
- Write to your Governor and share how these changes impact historic properties in your location.
- Write to your Member of Congress and consider contacting the district office during the August recess to make your voice heard
- Be prepared to send comments to the Advisory Council on Historic
- Preservation when the comment period opens
Section 106 Under Threat | National Trust for Historic Preservation
savingplaces.org
Your NYSAA officers,
Sherene Bauer, Dave Moyer, Gail Merian, and Ann Morton