ACRA has urged federal agencies to ensure that new NEPA regulations continue to ensure the protection of cultural resources.
In late June, a host of federal agencies announced plans to amending their NEPA regulations, following the rescinding of the White House Council on Environmental Quality’s (CEQ) NEPA rules and the Supreme Court decision in the Seven Counties case narrowing the scope of NEPA reviews to just the environmental effects of specific projects.
In its comments, ACRA addressed specific issues of concern with each agency while making broader arguments about the importance of the protection of historic properties. Noting that the changes to the NEPA rules could impact Section 106 reviews in a number of ways, ACRA urged the agencies to analyze how the revised procedures will interact with Section 106, particularly in light of shortened NEPA timelines. “Any changes to . . . NEPA regulations do not release [agencies] from [their] obligations under Section 106 of NHPA and its accompanying regulations,” ACRA told the agencies.
ACRA also expressed concerns about the moves by a number of agencies to eliminate their NEPA regulations and replace them with guidance documents that do not convey the force of regulation, arguing that such moves “will not only weaken the ability to assess the environmental and cultural impacts of Department actions and create fewer opportunities for public comment on subsequent changes, but could potentially place such actions in conflict with the statutorily mandated regulations implementing Section 106.”
ACRA also raised concerns about the fact that the changes were made without adequate consultation with Tribes and THPOs. Pointing to longstanding Executive Order 13175, Consultation and Coordination With Indian Tribal Governments, ACRA told the agencies that they risk “undermining the government-to-government relationship with federally recognized Tribes.”
Lastly, ACRA pointed out to agencies that recent staffing cuts will make it even more difficult to implement environmental and cultural review laws like NEPA and NHPA. “The changes to the NEPA process . . . . at a time when staffing reductions are taking place . . . pose a risk to the ability of major infrastructure projects to move ahead while complying with federal laws. The result will be a less efficient process that not only could delay critical projects but risks permanent damage to historic and cultural properties,” ACRA wrote. ACRA urged agencies to more carefully consider the impact that staffing cutbacks will have on their ability to comply with congressionally authorized duties and work to ensure that staff are sufficiently trained in regulatory processes.
Links to ACRA’s comments are below.