Congressional Republicans are racing to finish their so-called “One Big Beautiful Bill” before America celebrates its 249th birthday on July 2.
No, that’s not a typo. According to some – including America’s second president, John Adams – the real Independence Day isn’t the Fourth at all, but two days earlier.
As the National Constitution Center in Philadelphia notes, “the Continental Congress declared its freedom from Great Britain on July 2, 1776, when it voted to approve a resolution submitted by delegate Richard Henry Lee of Virginia, declaring ‘That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.’”
But needing to put their oral agreement into writing, the Congress took 48 hours to draft, edit and approve the text. Only on July 4 did they affix their John Hancocks (in one case, literally). Like any contract, the date of execution was printed at the top: July 4.
Adams and a few others presumed that the world would forever recognize July 2 as the start date of the American experiment. But as everyone knows, an oral contract is only as good as the paper it’s written on. And the bigger the font, the more importance it conveys.
For today’s Republicans, the extra two days before Independence Day must be a blessing, because getting their top legislative priority over the finish line has been no easy task. With deficit hawks on one side demanding more aggressive spending reductions, and GOP members from swing seats worried about draconian cuts to the social safety net, lawmakers have struggled to find the right mix of measures to pass the narrowly divided House and Senate.
To make matters worse, Senate Republicans need to contend with the Byrd rule. Named for former Sen. Robert Byrd (D-WV), the rule requires that all provisions in a reconciliation bill have a direct impact on spending and revenue. Any provision that runs afoul of the Byrd rule (a.k.a., a “Byrd dropping”) would need a 60-vote majority in the Senate to pass – meaning Democrats could block it.
Over the last week, the Senate Parliamentarian has been reviewing the Senate bill’s procedures and striking those that violate the Byrd rule (a process known as a “Byrd bath.”). As a result, many parts of the bill have been struck down, including some that impact permitting and public lands. And while Republicans could ignore the Parliamentarian (and flip her the Byrd, perhaps?), Senate GOP Leader John Thune (R-SD) has said he will abide by her rulings, lest he creates a precedent that Democrats would follow the next time they are in power.
Even once the Senate passes a bill, they still must negotiate with the House on a final version before President Trump can put his own John Hancock on it. What the final bill looks like is still anyone’s guess.
In the meantime, enjoy Independence Day, whenever you choose to celebrate it.
Preservation Groups Pressure OMB on FY2025 Funding
As previously reported, the administration has yet to release current-year funding approved by Congress under the Historic Preservation Fund (HPF) for SHPOs and THPOs, leading to at least one SHPO laying off staff and threatening the ability of historic preservation officers to carry out their statutorily mandated duties.
On Friday, ACRA joined with its preservation allies in writing [LINK TO LETTER] to the Director of the White House Office of Management and Budget (OMB), calling them to release the funding ASAP. In the letter to OMB Director Russell Vought, the groups said that doing so “will ensure that the work of SHPOs and THPOs continues to contribute to the nation’s economic growth and will preserve the livelihoods of thousands of private-sector workers who directly benefit from the HPF.”
The letter is part of a multi-pronged strategy to ensure the funding is released, one that includes members of Congress who support historic preservation.
Administration Looks at Changing Procurement Rules
Following on President Trump’s April Executive Order “Restoring Common Sense to Federal Procurement” the federal government is in the process of overhauling the Federal Acquisition Regulations (FAR), the set of rules that govern how federal agencies procure goods and services.
According to the White House Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council), the goal is to “return the FAR to its statutory roots, rewritten in plain language, and remove most non-statutory rules.”
The overhaul has raised concerns that the administration could try to do away with small business set-asides, including the “Rule of Two,” which requires that agencies must set aside contracts for small businesses if two of more of them could provide the products or services that they need at a competitive price. Although a centerpiece of federal contracting for decades, the Rule of Two is not codified into law.
Rep. Nydia Velazquez (D-NY), the ranking Democrat on the House Small Business Committee, has introduced a bill, H.R. 2804, the Protecting Small Business Competitions Act of 2025, that would codify the Tule of Two into law.
Recognizing that the vast majority of CRM firms are defined as small businesses, ACRA is monitoring this issue and the legislation closely.
Army Corps Proposed Updates to Nationwide Permits
The U.S. Army Corps of Engineers (USACE) has announced they are proposing to make some modifications to their existing Nationwide Permits (NWPs) and associated general conditions and definitions, and issue a new NWP to authorize activities to improve the passage of fish and other aquatic organisms through aquatic ecosystems.
USACE issues NWPs to authorize categories of activities under the Clean Water Act and the Rivers and Harbors Act of 1899 that have no more than minimal individual and cumulative adverse environmental effects. It also promulgates general conditions that all activities permitted under NWPs must follow. These include two that relate to cultural resources:
- General condition 20, “Historic Properties,” specifies that “[n]o activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 . . . have been satisfied.”
- General condition 21, “Discovery of Previously Unknown Remains and Artifacts,” specifies that “permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP . . . must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed.”
According to USACE, the proposed modifications to the NWPs, general conditions, and definitions are meant to “reduce burdens on the regulated public and continue to comply with the statutory requirement that NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects.”
USACE is not proposing any changes to the two general conditions that relate to CRM, but other changes to the NWPs could have indirect impacts. USACE is accepting comments on their proposal until July 18, 2025.
Help Show Your Elected Officials That #HistoryMatters
As recent developments show, the need to educate policymakers about the benefits of CRM is as great as ever. One of the best ways to accomplish this is with site visits and constituent meetings in their local offices.
This summer ACRA, SAA and SHA are bringing back our joint campaign to bring senators and representatives to project sites during the upcoming August congressional recess. In representing our community before Congress, we deliver the message of how CRM preserves our shared cultural heritage for present and future generations, and how this preservation of our past enriches local communities and creates economic benefits.
To learn more about how you can join the campaign, watch a recording of our May 8 HistoryMatters webinar, read the toolkit, and don’t hesitate to contact us at info@acra-crm.org with any questions.