The Advisory Council on Historic Preservation (ACHP) is advancing a sweeping and damaging plan to rewrite the regulations for Section 106 of the National Historic Preservation Act (NHPA), the part that requires federal agencies to evaluate the effects of federal projects on and avoid harm to historic properties. It is hard to overstate the importance of the NHPA and Section 106 to cultural heritage stewardship in the United States. Even if you have not directly experienced a Section 106 review, the field of archaeology in the United States is profoundly affected by and is as strong as it is to day in part because of Section 106.
In late July, the ACHP hastily approved sweeping deregulatory revisions to Section 106 of the National Historic Preservation Act (NHPA), sending the revisions to the Office of Information and Regulatory Affairs (OIRA) for critical review before they are published to the Federal Register for public comment.The ACHP is an independent federal agency charged with historic preservation leadership within the federal government. The revisions they have put forth are in contradiction to the protection of historic and cultural places: they curtail public participation, eliminate protections for Traditional Cultural Landscapes, and strip the regulations of the language that ensures meaningful consultation and requires projects to avoid, minimize, and mitigate harm. You can read the redlined version here and the draft here.
New rules under this administration compel OIRA to rush decisions and prioritize deregulation, which does not lend itself to a considered review of this 400-page document with the potential for tremendous negative impact on stakeholder communities, entire industries, and the general public.
During this review period, the heritage sector must rally to defend Section 106- and many organizations are answering the call by educating the rest of us, organizing advocacy campaigns, and preparing for litigation. Join and support those efforts by taking some of the following steps now:
Watch recordings of webinars hosted by Cultural Heritage Partners and National Trust for Historic Preservation to educate ourselves on what is at stake.
Write to your representatives to share how the revisions will negatively impact historic preservation efforts in your area.
Call your representatives with these helpful scripts from the law firm Cultural Heritage Partners.
Urge your representatives or local organizations to schedule a meeting with OIRA, using the RIN: 3010-AA10, to share concerns about changes to Section 106. Currently, the Office of Information and Regulatory Affairs is in a review process during which interested parties can request meetings to express their concerns regarding proposed changes to Section 106. Here are some suggested scripts and talking points to bring to the meeting:
Get your organizations to sign the Open Letter to Congress about Section 106. Ask your organizations' leadership (e.g., the museum you work at, your professional association, or the local historical society where you are a member) to join hundreds of other organizations around the country, including AIC, in signing a national coalition's call for Congress to protect our cultural heritage.
Be prepared to submit comments to ACHP when the comment period opens later this fall! Watch the NTHP webinar linked above for great tips on writing an effective public comment. We will post again when the comment period begins.
Send examples to the National Trust for Historic Preservation of success stories where Section 106 led to win-win outcomes.
Please join your colleagues in taking action on this important issue now and this fall as we work to protect cultural heritage preservation in the United States, and thank you!
Yours in solidarity,
The Steering Committee of the Cultural Heritage Advocacy and Action Coalition (CHAACo)
www.chaaco.org
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Katherine Langdon
Conservator
San Francisco
United States
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