ACRA has written to Congress expressing its opposition to the Advisory Council on Historic Preservation’s (ACHP) radical overhaul of the regulations that implement Section 106 of the NHPA.
Reminding Congress that Section 106 has helped the country strike a balance between development and preservation, ACRA tells Congress that the ACHP’s proposal “would fundamentally change how Section 106 operates, and not for the better. . . the changes would do the opposite: risking delays, conflict and litigation that hold up projects while endangering historic properties.”
ACRA’s letter highlights several ways in which the proposal would undermine Section 106’s intent, including by:
- Replacing consultation with unilateral agency decision-making
- Allowing the federal government to exclude the public from expressing its view on project that affect them
- Threatening the protection of battlefields and historic districts
- Replacing certainty and predictability with confusion and uncertainty
- Violating the letter and the spirit of the NHPA
ACRA also points out that ACHP, in rushing its proposal through the Council, failed to engage in a consultative process and failed to conduct legally required assessments of how the proposal will affect small businesses. “Let us be clear,” ACRA states, “if this proposed rule is implemented, CRM firms will face considerable financial burdens. . . [and] would face increased legal and reputational risk due to the proposed rules’ conflicts with federal and many state laws.”
ACRA urges Congress to call on the ACHP to “follow a consultative process to develop proposed regulations that adhere to the letter and spirit of the law,” hold hearings on the changes and the process employed by the ACHP, and make clear that the Council needs to respect Congressional intent in passing the NHPA when developing regulations.