More than 250 ACRA members joined a Hot Topic yesterday to discuss the ACHP’s radical overhaul of the 800 regulations that implement Section 106.
On the call, ACRA members echoed the concerns that ACRA has raised about the proposal, including how it makes public consideration voluntary, sharply limits the scope of undertakings and adverse effects, and how the ACHP has failed to consider the impacts on small businesses. ACRA members expressed a variety of additional objections, including concerns that the proposed changes will conflict with the National Historic Preservation Act, how the new rules would cause confusion at agencies on how to address existing projects, how the changes would conflict with existing state laws that work in concert with the current regulations, and how the new regulations could affect existing Nationwide Programmatic Agreements.
Some attendees reported hearing concerns from clients about the changes, prompting them to consider slowing or delaying projects – despite the fact that the stated intent of the changes is to accelerate project delivery.
Attendees also asked how they can be most effective in stopping the changes. ACRA staff said that the highest priority is preparing for the public comment period, which will open once the proposed rules are published in the Federal Register. ACRA will provide resource and guidance to help firms and individuals submit comments to the ACHP. ACRA staff also said they are working closely with their preservation partners to engage congressional leaders and preservation allies on a unified strategy to push back on the changes from Capitol Hill. ACRA asked members to look out for action alerts to contact their House and Senate members when the time is right.
Some members also asked about legal efforts to block the rules. Noting that lawsuits cannot be filed until a final rule is published, ACRA told members that early discussions about a legal strategy have begun.
Despite the widespread opposition to the proposed overhaul, ACRA members on the Hot Topic were broadly unified in taking action to stop the changes and advance commonsense policies that uphold Section 106’s goals of balancing preservation with development. Stay tuned to ACRASphere for updates.