When describing current events, it’s common to look to historical parallels, identifying earlier periods of time that echo today’s environment in order to draw useful lessons from the past.
But that’s difficult these days. The Trump administration’s early flurry of activity quite simply has no precedent in U.S. history.
Via a blizzard of executive orders, through the empowerment of Elon Musk and his DOGE team, and with public declarations of policy that upend longstanding U.S. stances, President Trump is wasting no time in putting his stamp on the federal government and the nation’s role in the world.
It isn’t just the volume or scope of actions that are unprecedented; it’s the breakneck speed. Within less than three weeks, the new administration has:
- effectively shuttered a 50-year-old agency charged with disbursing billions of dollars in U.S. foreign aid and is now threatening to eliminate a cabinet level department
- given the world’s richest man and his team almost unfettered access to sensitive government databases and computer systems
- fired or forced out scores of government officials across multiple agencies
- attempted to withhold congressionally authorized and appropriated funding totaling in the trillions
- launched trade wars with four countries, pausing three at the last minute
- suggested that the United States take control of Greenland, the Panama Canal and the Gaza Strip, including moving two million Gazans from their homes.
The pace of events is so frantic there’s a good chance this post will be out of date by the time it’s published in in the ACRASphere.
Whether these moves are constitutional is a matter for the courts – and many already have been stopped or struck down by federal judges. Whether they represent good policy or chaos is in the eye of the beholder. But what is not in dispute is that many of these early actions have affected the CRM industry in one way or another.
ACRA leaders and staff are closely tracking these developments, analyzing their impact on the industry and engaging with its allies in and out of government to identify ways to make sure the interests of the industry are not lost in the commotion.
Here is a quick tour through some of the most impactful developments of the last two weeks:
Grant Funding Stopped, Then (Partially) Restored
Nothing has symbolized the disruption of the last month more than the Trump administration’s move two weeks ago freezing trillions of dollars in grants and federal assistance programs.
A memo issued by the White House Office of Management and Budget (OMB) on January 28 required agencies to freeze financial assistance until the administration can review it to ensure they comply with the President’s policy objectives on foreign aid, climate and diversity, equity and inclusion (DEI) programs. States, localities and non-profits scrambled to understand how the freeze affected them, including CRM firms that saw stop-work orders on federal contracts and SHPOs that couldn’t access funds from the federal government.
The next day, a federal judge blocked the memo. OMB then rescinded it, but the White House said that the freeze on funding for climate, DEI and other programs was still on, leading to more confusion, uncertainty, and legal action. At issue is whether the President can refuse to spend monies already appropriated by Congress. Opponents of the White House actions argue that the Constitution confers the “power of the purse” solely on Congress, and that a 1974 law requires the Executive Branch to spend funds that Congress approves. Others say that the President has the constitutional leeway to pause or withhold spending. Ultimately it will be up to the courts to decide.
In the meantime, it appears some contracts and grant programs have not fully resumed. ACRA is tracking these instances and working with its partners in the preservation community and lawmakers on Capitol Hill to address these holdups.
If you have federal contracts or grants that are frozen or suspended – or if your firm is facing other effects of recent policy changes – let us know at [email protected]. Your reports from “on the ground” help us better understand the full scope of changes and how we can best help the industry.
Early Moves from Interior Could Impact Sec. 106 Implementation
Newly confirmed Interior Secretary Doug Burgum is wasting little time on putting President Trump’s executive actions into effect. Last week, he announced his first Secretarial Orders, which mostly concern accelerating the generation and production of energy resources.
One of the Orders suggests possible changes in how the Department’s bureaus and agencies handle certain aspects of Section 106 of the National Historic Preservation Act (NHPA).
To explain, let’s go back to 2020. At the tail end of the first Trump administration, the Interior Department issued an order, SO 3389, that limited the Department’s ability to require mitigation in a Sec. 106 process. The Order argued that “since offsite compensatory mitigation is not required by Section 106 and does not lessen the adverse effects to the characteristics qualifying an historic property to the National Register of Historic Places that are caused by the undertaking that is the subject of consultation, it is generally disfavored as a matter of policy.”
When President Biden assumed office in 2021, the Interior Department revoked that Secretarial Order and other Trump 1.0 orders.
However, Secretary Burgum signed an order last week, Order No. 3418 Subject: Unleashing American Energy, which directs the Department to “suspend, revise, or rescind” various Biden-era orders, including the order that revoked 3389.
Does that mean that the original Secretarial Order 3389 is now back on the books? Not necessarily. But another provision in the Order signed last week suggests it may come back.
That provision requires the Department to identify steps to, among other items, “review all relevant internal regulations, policies, and guidance to ensure the lawful implementation of section 106 of the National Historic Preservation Act.”
Since the first Trump administration argued that requiring mitigation is not spelled out in the statute, this clause could be a pretext to once again limit mitigation. ACRA is working with its partners to better understand the implications of this provision and other orders coming from Interior.
On the Hill, an Attempt to Undo Marine Archaeological Requirements
Meanwhile, some in Congress are also looking at undoing Biden administration regulations, using legislation that allows lawmakers to overturn Executive Branch rules.
Of particular note is legislation introduced last week by Sen. John Kennedy (R-LA) that would overturn a 2024 rule from the Bureau of Ocean Energy Management (BOEM) requiring archaeological reports to be submitted with any oil and gas exploration or development plan that lessees and operators submit for activities proposed on the Outer Continental Shelf (OCS).
ACRA backed the rule because it will increase the likelihood that archaeological resources are located and identified before they are inadvertently damaged.
But Kennedy argues that the rule will “burden oil and gas producers with even more regulations.” Under the Congressional Review Act (CRA), Congress can overturn certain regulations, and, if acted upon quickly enough, can do so without needing to overcome a Senate filibuster.
ACRA opposes this legislation and will be working with its preservation allies to educate members of Congress about the importance archaeological surveys on both land and water.
Advocating for CRM
ACRA is busy in Washington advocating on behalf of the CRM industry before both Congress and the new administration. But the most effective tool the industry wields is the voice of CRM professionals from around the country speaking up on behalf of their companies and communities.
That’s why this year, ACRA is joining forces with its allies in the preservation community during 2025 National Historic Preservation Advocacy Week, when preservation advocates and professionals from across the country will head to Capitol Hill to meet with their elected representatives. The Week also provides opportunities to hear from a variety of preservation and policy professionals on issues affecting historic preservation and enjoy exclusive local tours and networking opportunities.
With so much uncertainty on the policy landscape, it’s more important than ever that the preservation community speaks with one voice. By joining forces with Preservation Action and others in 2025, ACRA members will be able to get even more out of the experience.
Learn more and register today here.