Even as the partial government shutdown persists into its sixth week with no sign of a resolution, Capitol Hill lawmakers are keeping their eyes on other topics.
To wit: the Senate Energy and Natural Resources Committee held a hearing last Wednesday about Section 106 of the National Historic Preservation Act (NHPA).
The stated intent of the hearing was to explore how Section 106 works in practice; the witnesses were a SHPO, a THPO, and a representative of a utility company. But another goal clearly was to begin conversations about the extent to which Congress could – or should – amend the NHPA as part of a broader permitting reform package.
The hearing revealed strong bipartisan support for the intent of Section 106 – a point echoed by Sen. Catherine Cortez Masto (D-NV), who asked the three witnesses point blank if they believed that Section 106 should be repealed. All three said no. And the idea of abandoning 106 was never raised by any of the Committee members.
That said, the hearing did show an appetite among some Senators to explore changes. In his opening statement, Chairman Mike Lee (R-UT) said, “We ought to protect the places that show where we came from and who we are. But over the years, a narrow procedural safeguard has evolved into a sprawling, unpredictable process that now delays some of the very projects our country needs to build and maintain.”
Lee’s fellow Republican Committee members expressed concerns about project delays and costs due to Section 106, citing examples of projects they said were slowed down by the process.
Ranking member Martin Heinrich (D-NM), echoed the views of Committee Democrats: open to change, but without hurting the ability to preserve historic sites: “We should always look for ways to make processes like Section 106 consultation more efficient and more effective,” Heinrich said. “I’m confident we can do that while also protecting the places, even the stories that have forged our national heritage.”
Democrats also used the hearing to blast the Trump administration for its cuts to the federal workforce. “If the desk your permit application has landed on doesn’t have a human behind it, you’re not gonna get your permit,” Heinrich said. Democrats also chided the administration for its demolition of the East Wing of the White House to make way for a new ballroom, even as they acknowledged that the White House is exempt from Section 106. (The hearing was planned well before the demolition took place.)
The witnesses pointed to ways the 106 process could be improved. Utah SHPO Chris Merritt spoke of his state’s success in digitizing resources and fostering uniformity among state agencies. Steven Concho, the THPO for the Acoma Pueblo in New Mexico, spoke to the need to provide more funding to THPOs that have limited resources and staff.
The witnesses’ testimony echoed the points that ACRA made in its written statement to the Committee, namely that making Section 106 work better entails better and earlier coordination, an acceleration of digitization where appropriate, and more funding for both SHPOs and THPOs.
ACRA and its preservation partners are working closely with their champions on Capitol Hill to educate lawmakers about Section 106 and make sure that any changes that Congress proposes strengthen the law.
Whether the hearing leads to legislative proposals to change NHPA is anyone’s guess. The odds of Congress passing a permitting reform package are not great, as the parties remain at loggerheads over how best to streamline permitting processes while protecting the environment and cultural resources. Any bill would need 60 votes in the 53-47 Senate, meaning that at least seven Democrats would have to vote to move it forward. That makes permitting reform difficult in the current environment – but not impossible.
Stay tuned to ACRASphere for more updates.
Sign the Letter to Support Renewing the Historic Preservation Fund
One critical way to ensure timely Section 106 reviews is to provide SHPOs and THPOs with the resources they need.
The Historic Preservation Fund (HPF) provides grants to SHPOs and THPOs and funds invaluable grant programs that help communities tell their story. But the HPF expired last year, meaning that no more funds are being deposited from OCS royalties.
A bipartisan group of House members has introduced legislation, H.R. 3418, that would reauthorize the program for 10 years and increase its annual deposit from $150 million to $250 million. ACRA and its preservation partners have drafted a letter to the House, urging it to pass the bill.
Nearly 300 companies, Tribes and organizations have signed on so far. Click here to read the letter and sign on ASAP! (For companies and associations only, not individuals.)
Join ACRA’s Federal Contracting Hot Topic Nov. 12
With new developments in federal contracting happening on what feels like a daily basis, keeping up with the news can be a tall order.
That’s why ACRA is hosting an ACRA Hot Topics session on the current federal contracting landscape on Wednesday, November 12.
The Hot Topics series give CRM practitioners the opportunity to participate in discussions and problem-solving for pressing issues facing the industry. Each session is moderated by a discussion leader to ensure all viewpoints are represented and all who wish to have the chance to have their voice heard.
On Nov. 12, join Nichole Atallah of PilieroMazza, ACRA Chief Lobbyist Andrew Goldberg, and Executive Director Amanda Stratton to discuss the latest on federal contracting.
All employees of ACRA member firms are welcome to join. The ACRA Hot Topics series is only open to ACRA members at this time. There may be opportunities for non-members to participate in future sessions.
Simply sign up here and we will send you a link to join the discussion!