In 1966, President Lyndon B. Johnson signed the National Historic Preservation Act (NHPA) as a tool to safeguard the country’s heritage in the face of rapid development and urban renewal projects. With the demolition of Pennsylvania Station 1963 and the strong backlash that followed, the federal government understood that the public was invested in preserving historic sites for future generations.
Through Section 106 of NHPA, Congress paves the way for the federal government and local grassroots organizations to become partners in historic preservation. It grants legal status to historic preservation in federal planning, decision-making and project execution. It requires that all agencies take into account the effects of their projects on historic properties, and give an opportunity to the public to comment on actions that would directly impact their communities. It encourages partnerships between the federal, state, local and tribal governments to coordinate preservation efforts, and provides funding for site rehabilitation.
The history of this vital partnership is now under direct threat. Last week, the Advisory Council on Historic Preservation (ACHP) issued draft amendments to weaken Section 106 by making community input optional as opposed to mandatory as well as other damaging changes to the way communities engage with Section 106.
The changes would allow federal agencies to approve construction projects that would impact historical sites without the previous requirement to seek the agreement of affected states, tribes and other interested parties. State (SHPO) and Tribal Historic Preservation Offices (THPO) will no longer have the right to be notified or consulted on plans that affect their historic resources. Additionally, cultural landscape features would no longer be considered as historic sites, and federal agencies would not have to take into consideration the adverse impacts on them.
The ACHP has already voted to approve these changes to Section 106. Following this vote, there will be a 30-day period open for public comments. Many preservation organizations are preparing themselves to challenge the amendment in court, and asking Congress to intervene.
HDC and our fellow preservation colleagues are all deeply concerned by these developments, as it weakens communities’ agency in decisions related to their own historic resources. We stand in solidarity with our country’s state, tribal and local preservation organizations, and we oppose these drastic amendments that seek to undo sixty years of federal preservation efforts.
Stay tuned for more information on HDC’s opposition to these amendments. Once the commentary period begins, we urge our community members to call or write to your Congressional representatives to oppose these new changes. You can read the following resources to understand the proposed plans, as well as next steps for community action.