Nobody ever said governing was easy. But last week congressional Republicans offered a master class in how to make a mess of everything.

Let’s take this chamber by chamber: In the Senate, the GOP opened the year demanding that, in exchange for approving military aid to Ukraine and Israel, Democrats must accept major reforms to fix the border crisis. They dispatched one of their most conservative Senators, Sen. James Lankford (R-OK), to negotiate a deal with Democrats.

To the surprise of many, Democrats agreed to significant changes that would make it much harder for migrants to claim political asylum and remain in the country. Senate Majority Leader Mitch McConnell (R-KY) hailed the ensuing bill, which would support Ukraine and Israel while increasing border security, and urged his members to back it.

But after Donald Trump blasted the bill, McConnell was forced to tell his members to filibuster it, killing the compromise and leaving Lankford out to dry.

Then, just 24 hours later, Republicans agreed to move forward with a bill that only provides support to Israel and Ukraine, with no border provisions – the exact opposite of the outcome they had demanded at the outset.

Compared to the House, though, Senate Republicans looked like legislative masters. House Speaker Mike Johnson (R-LA) managed the unusual feat of seeing not one but two of his legislative priorities go down to defeat in one day. First, an effort to impeach Homeland Security Secretary Alejandro Mayorkas fell just one vote short after three Republicans voted against it. Then, Johnson’s bill to provide military assistance just to Israel failed.

Johnson, who became Speaker last fall after a small cadre of House Republicans ousted former Speaker Kevin McCarthy (R-CA), now finds himself potentially facing the same fate, with a razor-thin majority and the inability to pass anything.

The week’s events demonstrate that Trump continues to hold significant sway over the party, and that election-year politics are warping the policymaking process on Capitol Hill. Some Democrats argue that Trump is demanding congressional Republicans do nothing to fix the border so that he can use it as a campaign issue against Biden. Whether or not that’s the case, Hill Republicans risk going into the fall election without having any accomplishments to show the voters. As we said before, governing is hard.

(Of course, not all is peaches and cream for Democrats: late last week, a special counsel concluded that Biden should face no charges for his handling of classified documents after leaving the vice presidency, but questioned the incumbent’s mental abilities, writing that Biden can come off as a “well-meaning, elderly man with a poor memory.” And the Supreme Court appeared likely to allow Trump to remain on the ballot, despite efforts by Colorado and Maine to kick him off for his role in the Jan. 6 insurrection.)

Corps Proposes Appendix C Replacement

Despite the chaos on Capitol Hill, the policymaking wheels keep turning in other parts of the nation’s capital.

Last Friday, the U.S. Army Corps of Engineers published a proposal to replace Appendix C and “instead follow the NHPA’s implementing regulations, developed and interpreted by the ACHP, relying on the flexibility in those regulations for Federal agency compliance with the steps of review.”

The Corps says that it “would also work with the ACHP to draft and disseminate guidance for the Corps’ Regulatory Program to include illustrative examples regarding how to apply the 36 CFR part 800 regulations to potential permitting scenarios.”

ACRA has long called on the Corps to rescind Appendix C and adopt the Advisory Council on Historic Preservation’s (ACHP) Section 106 regulations under 36 CFR 800 as a better way of meeting its responsibilities under the National Historic Preservation Act.

The Corps is accepting public comments on the proposed rule until April 9, 2024. ACRA’s Government Relations Committee also is reviewing the proposal. If you have feedback for the Committee, please email it to [email protected] no later than April 1.

Speak Up for CRM in Washington!

CRM firms have a lot at stake when Congress makes policy decisions that impact their bottom line. And there’s no better way to make sure lawmakers hear the industry’s point of view than meeting them in person.

ACRA members have a powerful story to tell policymakers about the importance of cultural resources management. As Congress debates policies that impact the CRM industry, it’s more important than ever to make sure lawmakers hear that story.

That’s why ACRA is holding its annual Capitol Hill Fly-In May 7-8, 2024. 

Don’t miss this chance to join your fellow CRM professionals in meeting with your members of Congress to discuss issues important to the industry. ACRA will arrange your meetings and provide training beforehand. There is no cost to register for the Fly-In, but you are responsible for making your travel and lodging accommodations.

ACRA needs time to get your meetings scheduled, so sign up now before it is too late!