Other News & Announcements
Government Affairs Update on Proposed Changes NHPA and Section 106:
The First Shot Across the Bow
By Nellie Longsworth, SHA Government Affairs consultant April 18, 2005
It was less than two weeks ago that we learned that the House Resources Committee had surfaced a "draft discussion document" describing their effort to change the National Historic Preservation Act. We subsequently learned that they were acting quickly and had scheduled a hearing on April 21, 2005 before the House Subcommittee on National Parks with "witnesses to be announced."
On Friday, April 15th, The Resources Committee announced the witnesses, selected from many who requested to testify, including ACRA, SAA, and NCSHPO. The witnesses will include: The National Park Service (witness unnamed), John Nau, Chair of the Advisory Council on Historic Preservation, a private land owner (TBA), James Martin, Executive Director of the United Southern and Easter Tribes, Inc, The Honorable Steve Largent, President and CEO of CTIA (the Wireless Association), and Emily Wadams, Vice President of Government Affairs, National Trust. The groups not selected as witnesses will submit testimony for the record including ACRA, SAA, NCSHPO the 9/11 Coalition, and many others.
What are the issues? Sections that we can support are: the reauthorization of the Historic Preservation Act and the Advisory Council on Historic Preservation plus some technical corrections for the Council. Sections that we do not fully support are the change in the law on owner objection and assurance that there will be due process at the local government level for owners who has objected to NR listing. Section four is the most onerous, proposing a change in law that will require federal agencies to consider adverse effects during the Section 106 process on only properties listed on the National Register or determined eligible by the Secretary.
Many are asking what they can do. First, we must all remember this is a discussion draft, not a bill introduced in the House. This is the first shot across the bow! Calling your Congressman/woman and alerting their staff about the hearing is a positive move. If you have a member on the House Resources Committee, let them know of your opposition. Some people are coming to Washington on April 20-21 to lobby subcommittee members of the Resources Committee. Many are faxing letters to their members; others are making calls and asking to speak to the staffer who is in charge of Resource Committee issues. However, please remember that a much bigger battle could be ahead and then we will need everyone to contribute!
The Resources Committee, under the chairmanship of Rep. Richard Pombo (R-CA), is anxious to make major changes in the National Environmental Protection Act (NEPA), the Endangered Species Act, and the Historic Preservation Act. He is a strong private property rights advocate, and pro business. This is "Stop 1" on a legislative adventure that could involve the whole House of Representatives and then the Senate. Many members are against the discussion draft and hopefully will let the leadership know that.
Other actions have been undertaken. A joint letter, signed by SHA, ACRA, the National Trust, NCSHPO, the National Association of Tribal Preservation Officers, Preservation Action and AIA, was delivered this morning to all subcommittee members. A very strong letter from the 9/11 Coalition supporting consensus eligibility has been sent broadly. And other groups are preparing letters.
Again, I remind you that this is the first shot across the bow. We will keep you apprised of the hearing and any post-hearing activity on the part of the committee.
