On March 1, 2019, the National Park Service invited public comment on proposed regulations that would give federal agencies power to block National Register listings and eligibility determinations of federally owned properties, and also give large landowners the ability to block historic district and property listings. These changes go beyond the intent of Congress when it passed minor amendments to the National Historic Preservation Act in 2016.
The proposed changes would make the National Register listing process more vulnerable to political pressure by routing all federal property listings and determinations of eligibility through the agency-designated federal preservation officer (FPO) and undermine the power of state and tribal historic preservation officers to nominate historic properties on federal land, exactly the opposite of what Congress intended. The changes appear designed to limit the input of local communities in the National Register listing process while giving more power to large developers.
ACRA needs YOU to submit comments on these proposed regulations no later than April 30, 2019. Your comments can help NPS improve this proposal and will also be read by courts in future litigation, if necessary.
TEMPLATE FOR COMMENTS FROM OUR MEMBERS
Please personalize these comments based on your own experience. If you don't have time to personalize, please remove the words in bold below before submitting! Submit your comments at this link: https://www.regulations.gov/docket?D=NPS-2019-0001
To Whom It May Concern:
I write to OPPOSE the proposed changes to the National Register regulations. I am a [insert professional interest in historic preservation—owner of a CRM consulting firm, professional archaeologist, historic architect, etc.]and write to express three major concerns with the proposed changes:
1) The proposed regulations would cut off the ability of SHPOs, THPOs, and local communities and organizations to nominate historic properties located on federal land. The changes would allow only the federal agency to submit nominations of federal properties to the Keeper. This federal overreach is inconsistent with Congress’s intent in the 2016 amendments to solicit more input from SHPOs on federal nominations. [Insert examples where properties on federal land were listed through efforts of SHPOs, tribes, local communities or orgs]. These changes would also cause delays in the Section 106 process, because a federal agency could prevent the Keeper from determining the eligibility of federal properties for the National Register. Such delays are contrary to the Administration’s and Congress’s goal of making the permitting review process more efficient.
2) The proposed regulations would allow large landowners to block a nomination of a historic property to the National Register. Currently, a majority of property owners can stop a National Register nomination; each property owner of a historic property gets one vote. The proposed regulations would empower the private owners of a majority of the land area to block a nomination—a change not supported by Congressional authority and clearly designed to give power to large developers to block historic property listings. These proposed regulations are designed to allow mining and energy developers to block National Register listings that encompass large scale landscapes, such as those in Alaska and the western U.S. that are culturally significant to Native Americans. [Insert examples of listings that could have been blocked by a majority of landowners]. Giving property owners more votes based on their landholdings is un-American and contrary to the time-tested principle of “one person, one vote.”
3) Finally, I object to the process through which these changes were developed. The National Park Service did not consult with tribes, state historic preservation officers, or other federal agencies, including the Advisory Council on Historic Preservation, to develop this rule. NPS should go back to the drawing board and enlist the expertise of professionals to develop regulations that are consistent with Congress’s intent and longstanding commitment to historic preservation.
Are you interested in being a leader in the CRM industry? Now is your opportunity to join ACRA leadership - ACRA is seeking dedicated members who are interested in serving on the Board of Directors.
ACRA’s board of directors consists of 7 officers (2-year terms), 3 designated seats based on firm size (3-year terms), and 11 at-large members (3-year terms). Members are able to serve two terms of office consecutively.
Positions that are up for election in 2019 include:
Each nominee must be employed by a firm in good standing with ACRA. Candidates must also be able to commit to quarterly board meetings, including in person at the Annual Conference in the fall. Board members will also be recommended to serve on at least one committee.
All positions will now be competitive, which is different than in years past. Nominees’ applications are examined by the Nominating Committee to assure that they are current members in good standing and that they can perform the basic requirements of the position for which they are applying. Candidates will be announced to the membership in May, and voting will take place electronically in June.
How to Apply?
Just two simple steps:
Send your 2 nominating files to Duane Peter with a subject line that begins “Board Nomination.” Be sure to include the position you would like to run for in the body of the email.
Nomination deadline is Tuesday, April 30, 2019, at 11:59 p.m. EST.
The 2019 CRM Day on the Hill will be held May-16-17 in Washington, D.C. Together with fellow ACRA members, you will talk with Members of Congress and their staff about our most pressing CRM concerns.
ACRA will arrange the meetings and provide training beforehand. After registering, you will receive additional information in the coming weeks about the schedule and additional logistics, so keep an eye on your email.
From introducing ACRA to the newest members of Congress to thanking our seasoned champions, we need to make sure the interests of CRM businesses across America are represented on Capitol Hill. Join us for this exciting opportunity to influence national policy that directly affects you!
Register for CRM Day on the Hill NOW
Today marks the return of ACRA's CRM Industry Salary Survey! If you run your own CRM company or head up a CRM division within a large corporation, you may have received an invitation to participate - but why is it important to do so?
ACRA has conducted the salary survey multiple times over the years, with the most recent in 2013. The surveys have maintained a primary focus on regional patterns of annual sales, business practices, and wage and benefit packages. The independently collected and analyzed results provide essential longitudinal information on the state of the CRM industry. These data help substantiate industry trends over the long term, and no other organization collects this information specifically for CRM.
Both member and non-member firms are encouraged and needed to participate, and anyone who completes the survey will receive the summary of results. The information you share will NOT be tied to your name or any other personally identifying information, so you don't have to worry about any of your financial data being shared with others.
CRM professionals are extremely busy, and we know that your time is valuable. We hope you are able to take the time to complete this important survey - doing so will help improve your access to the industry information you need.
If you run your own firm or CRM division and did NOT receive an invitation to complete the survey:
Readers can now find relevant news items compiled all in one place! In our CRM Firms in the News series, we feature recent mentions of ACRA member firms and their projects across the country. Was your firm recently featured in a news article or on social media? Send it to us to be included in our next volume of the series!
Have you been thinking about ways to become a leader in the CRM industry? Now is the chance - join fellow CRM consultants to advocate for our industry at ACRA’s CRM Day on Capitol Hill May 16-17.
Not sure what CRM Day entails? Join us on April 3rd at 3pm Eastern for a 30 minute webinar to learn more about why today’s political climate makes your advocacy so critical and what you can expect if you join us in May. Learn about the top policy threats to CRM, opportunities for growing federal support for our industry, and why it’s critical that you help educate lawmakers about your work.
ACRA Executive Director Amanda Stratton and ACRA Chief Lobbyist Marion Werkheiser will discuss how to make the most of your visit to Capitol Hill.
This webinar is free and open only to ACRA members. Join us to learn why it is so important you are with us in DC in May!
This post is authored by Michelle Wurtz Penton, Operations Manager of the Environmental Services Group at Versar, Inc. and Sarah Herr, President of Desert Archaeology. Michelle and Sarah nominated Duane for this award.
It is with pleasure that we announce that ACRA Past President Duane E. Peter, RPA (DP Heritage Consulting) is the recipient of the 2019 SAA Award for Excellence in Cultural Resource Management. Duane has been involved in cultural resource management for over 40 years and is known for his quiet considerate manner and steadfast commitment to both archaeological resources and the wide variety of people he works with. He built the cultural resources program at Geo-Marine, Inc. (now Versar, Inc.) that has overseen work in 45 states. He promoted the development of innovative and cutting-edge research techniques, including photogrammetry, 3D laser scanning, predictive modeling and remote sensing. Duane built a CRM program known for excellence and quality research in the Great Basin, Southwest, Southeast, Great Plains, and East coast. Duane’s has mentored numerous students and young professionals, many of whom have gone to take state or federal positions, climb the ranks in CRM firms, or who excel in various technical/specialty fields.
Outside of the daily CRM responsibilities, Duane is very active in public outreach. In coordination with local historic preservation groups he established the Annual Plano Archaeology Fair. The event offered budding “junior archaeologists” an opportunity to participate in a mock excavation while learning proper excavation techniques and basic archaeological concepts from professionally trained archaeologists. The event ran for 14 years and served the youth of Plano, Texas and the surrounding metroplex. In 2007, the City of Plano Heritage Commission presented Duane and his team the Excellence in Preservation Award for their role in providing the youth of Plano with a unique opportunity to participate in an archaeological excavation and to become acquainted with potential career paths through its annual archaeology fair. In 2013, the Annual Plano Archaeology Fair also received ACRA’s Public Service Award.
Duane directed “high profile” award winning projects such as the Freedman’s Cemetery project, in Dallas, Texas. The project included conducting osteological analyses, oral histories and archival research to complete technical reporting, but beyond the compliance expectation the work supported development of a museum exhibit, curricula materials, a concept for a book for the public, and the development of a masterplan for future education. In 2001, Geo-Marine received the E. Mott Davis Award for Excellence in Public Outreach from the Council of Texas Archeologists for educating the public about the history of Dallas’ African American community through studies from the Freedman’s Cemetery Project.
Duane was a founding member of ACRA, and he has served on the Board of Directors and Executive Committee. He is currently the Immediate Past President, having finished a three‐year term serving as President of the organization. During his term as President, Duane developed a strategic plan for strengthening the CRM industry, and assisted with establishment of the Coalition for American Heritage. Duane was also integral to the development of ACRA’s internship guidelines and is currently working to promote synergy between the Academy and the CRM industry.
Duane will be presented the 2019 SAA Award for Excellence in Cultural Resource Management at the 84th Annual Meeting in Albuquerque. The Society’s Annual Business Meeting and Awards Presentation will be held at 5:00 pm on Friday April 12, 2019 in 290 Kiva Auditorium.
Congratulations to Duane!
CRM professionals are a highly trained group in terms of technical services, which is needed to effectively serve your clients. However, many practitioners may not be as well versed in the business skills that help firms large and small become successful.
One of those critical skills is negotiation and conflict management - but why is it particularly important to CRM? Anyone who is a part of a CRM firm, from an entry-level employee to a CEO, needs these skills to:
ACRA's latest webinar, The Art of Negotiation and Conflict Management, will prepare you for greater business success in this area. Join us on March 21, 2019 at 2:00 pm Eastern to gain more insight into this skill that is vital to the business world (and beyond!).
Expert provider Anna Schneider of Heritage Business International holds both an M.A. in anthropology and an M.B.A. in business administration, and will give specific examples on how to apply these skills to your everyday work in the CRM industry.
Whether you are new to the industry or consider negotiation an integral part of your daily tasks, the Art of Negotiation and Conflict Management will give you fresh ideas for improving your skill base.
Have an idea for a session for our 2019 conference in Spokane? Submit a proposal! The best programs come from our members, and we are seeking participants to join us in planning our next event. Session topics can range from running a business to technical best practices and include a single speaker or a panel. See the ACRA 2019 Conference webpage for more information. Proposals are due March 15th so don't delay!
Questions? Email the Conference Chair, Kerri Barile, at email@example.com. We are looking forward to getting you involved!
The Internal Revenue Service recently released new regulations interpreting tax reform provisions with the potential to affect many ACRA businesses. The regulations are good news for CRM firms because they support arguments that CRM firms should be able to use the new 20% pass-through deduction without a cap.
In December 2017, Congress passed the Tax Cuts and Jobs Act, 500+ pages of statutory language that the IRS was left to interpret and apply through new regulations. Of particular interest to CRM firms is Section 199A, known as the 20% pass-through deduction. As Burr Neely explained in an email blast to members at the time, Section 199A gives pass-through businesses a 20% deduction, but that deduction phases out after a particular threshold for specialized service trade or businesses (SSTBs).
Because many CRM firms are organized as pass-through businesses, they stand to be dramatically affected by these regulations depending on whether they are defined as SSTBs:
The tax reform bill explicitly excludes architecture and engineering firms from the definition of SSTBs, but includes any trade or business involving the performance of services in several categories, including “consulting” – a broad and vague term.
While the waters are still a bit murky, the new Section 199A regulations weigh against treating CRM firms as SSTBs – therefore maintaining their eligibility for the Section 199A deduction without a cap. The regulations state that while “consulting” includes “the provision of professional advice and counsel to clients to assist the client in achieving goals and solving problems,” it does not include the performance of services other than advice and counsel, nor does it include consulting that is embedded in, or ancillary to, the sale of goods if there is no separate payment for the consulting services. As a recent article from Forbes (link below) explains, “you are a consultant if you are paid ONLY for providing advice and counsel. To the contrary, if you get paid only upon the ‘consummation of the transaction your services were intended to affect,’ you are NOT a consultant.” The consummation of the transaction your services were intended to affect. In the CRM context, you likely get paid when you perform a CRM investigation or deliver the report. That means that you can argue you are not a consultant under this definition.
Some examples the IRS provided:
These analyses appear to exclude CRM firms from the definition of an SSTB and preserve their eligibility for the full Section 199A deduction, without a cap – which is great news for ACRA members.
DISCLAIMER: This blog post is not intended to provide legal advice to any particular company or entity. Be sure to discuss your entity’s specific tax situation with your tax counsel and accountant.
For more information:
IRS final rules
Forbes: IRS Publishes Final Guidance On The 20% Pass-Through Deduction: Putting It All Together
KPMG: What's New in Tax
BDO: Tax Reform’s 199a Redefines “Consulting” for Government Contractors