There’s a saying that a week is an eternity in politics. Rarely has that been truer than in the last seven days.
Less than 72 hours after the Republicans finished their convention nominating former President Donald Trump and his running mate, Ohio Senator JD Vance, President Biden announced that he was ending his campaign for another term. In doing so, Biden became the first President since LBJ in 1968 to voluntarily end his re-election bid.
Biden also endorsed his Vice President, Kamala Harris, to be the Democratic nominee. Following a rapid cascade of endorsements from across the party in what can only be described as a Femininomenon (go ask your kids), Harris has all-but-ensured she will be the Democrats’ standard-bearer in the fall election. Initial polling shows Harris making gains over where Biden was, but who wins the race is still anybody’s guess.
A few weeks back we looked at the policy differences between Biden and Trump on issues important to the CRM industry. It’s too early to say how and whether a Harris administration would differ from Biden’s, since she has publicly stuck the official line in her time as Veep. Her record before becoming Vice President suggests that there would be little distinction between a President Harris and President Biden, but the Venn diagrams wouldn’t completely overlap.
Harris has been more outspoken in the past opposing fossil fuel extraction, particularly fracking. As California attorney general, Harris successfully sued the Obama administration over plans to allow fracking off the Pacific Coast. As a candidate for president in 2020, she supported phasing out fossil fuel development on public lands and implementing policies to allow the lands to be net carbon sinks by 2030.
She has not compiled an extensive record on preservation issues, but did sponsor a bill in the Senate to reauthorize the Historically Black College and Universities (HBCU) Historic Preservation Program, which funds the restoration of historic buildings and sites on HBCU campuses.
Regardless of who wins the election, ACRA and its allies will make sure that CRM and preservation issues remain at the forefront.
Weighing Chevron’s Impact
Since the Supreme Court’s late June decision to overturn the 40-year-old Chevron deference, the doctrine that required courts to defer to federal agencies’ expertise in rulemakings when the law was ambiguous, policymakers and others have been trying to game out the ramifications.
Last week, the House Administration Committee held a hearing to consider the decision’s impact on how Congress drafts laws. One witness, Georgetown Law professor Josh Chafetz, suggested that Congress could essentially reinstitute the Chevron deference through legislation, either with a single bill directing courts to defer to agencies or by adding a “Chevron clause” to legislation on a bill-by-bill basis. But Chafetz noted that the Court could then find constitutional grounds to invalidate that kind of legislative response.
Kevin Kosar, a senior fellow at the American Enterprise Institute, urged Congress to consider creating a nonpartisan congressional regulatory office. Most witnesses agreed that the Court’s decision could force Congress will need to build its capacity to develop more granular legislation, mirroring the capabilities and subject matter expertise of agencies.
ACRA is working with its partners in the preservation community to assess and respond to the potential impacts of the Chevron decision on CRM.
Congress Looks to Trim the Historic Preservation Fund
Last week, the House narrowly passed an Interior Department appropriations bill for the upcoming fiscal year on a 210-205 vote. The bill includes $168.9 million for the Historic Preservation Fund (HPF), which would be an almost $20 million reduction from the current year.
The news is slightly better on the Senate side, where the Appropriations Committee last week approved its draft fiscal 2025 Interior appropriations bill. That proposal would provide $182.7 for the HPF, still lower than the current level but higher than the House bill.
Both bills would extend the HPF’s legal authority to collect royalties from Outer Continental Shelf drilling for another year.
A final Interior Department funding bill is not likely to be enacted until after the election. ACRA continues to advocate for higher funding levels to ensure that S/THPOs have the support they need to facilitate Section 106 reviews and other core functions.
Permitting Reform Shows a Pulse
Although time is quickly running out for Congress to act on permitting reform, two key Senators are not waving the white flag just yet.
Sens. Joe Manchin (I-WV) and John Barrasso (R-WY), the chair and ranking member of the Senate Energy and Natural Resources Committee, unveiled a permitting reform plan last week that is intended to speed up fossil fuel and renewable energy production.
The bill does not affect NHPA or Section 106. But it would lead to some additional categorical exclusions from NEPA, including for some renewable energy projects, which may bring the bill some support from Democrats.
It is far from clear the bill will move ahead in the narrowly divided Senate, but it could form the basis of legislation in the next Congress.
Get in the Know at the 2024 ACRA Conference
As the campaigns heat up and the policy debate intensifies, attending the ACRA 2024 Annual Conference in Albuquerque Sept. 26-29 is a great way to get the latest scoop.
In addition to updates on what’s happening in Washington, the conference will feature sessions on a wide range of topics that impact CRM and the chance to interact and network with fellow CRMers.
Don’t miss out on the premier cultural resource management event of the year – register now!