SHA Government Affairs Newsletter – October 2022

Revising NAGPRA

The U.S. Department of the Interior has proposed changes to improve the implementation of the Native American Graves Protection and Repatriation Act (NAGPRA). SHA is reviewing the proposal now and preparing to provide feedback to the agency.

The proposed changes would provide a step-by-step roadmap for museums and Federal agencies to comply with requirements within specific timelines to facilitate the required disposition and repatriation. They emphasize consultation in every step and defer to the customs, traditions, and Native American traditional knowledge of lineal descendants, Indian Tribes, and Native Hawaiian organizations.

All comments on the proposed changes are due on January 17, 2023. The Federal Register listing is available at: https://www.federalregister.gov/documents/2022/10/18/2022-22376/native-american-graves-protection-and-repatriation-act-systematic-process-for-disposition-and

Advancing the African American Burial Grounds Protection Act

The Senate Committee on Energy and Natural Resources advanced S. 3667, the African American Burial Grounds Protection Act, by unanimously approving the bill on July 21, 2022. Senate leadership could bring it up for a vote later this year.

Urge your Senator to support the bill! Ask them to cosponsor the legislation as a show of support. Use our sample talking points and email to make a difference on this important issue! Click here for resources: https://heritagecoalition.org/call-to-action-2/

Permitting Reform in Congress: Stalled or Stopped?

Sen. Manchin (D-WV) was unsuccessful in his attempt to pass permitting reform legislation as part of a continuing resolution to fund the federal government. He couldn’t get the requisite 60 votes in the Senate. Nonetheless, Washington gossip immediately turned to a possible second try for Sen. Manchin in the lame duck session this December.

Could a permitting bill pass in 2022? It’s unlikely. Here’s why:

1. Manchin just lost his best opportunity. He had the support of the President, the Senate Majority Leader, and the Speaker. His bill was attached to must-pass legislation, providing cover for members to vote for the bill in the name of avoiding a federal government shutdown. It’s hard to imagine a scenario that could be more favorable to his cause. But he still couldn’t get the votes.
2. Permitting bill supporters would like to see the legislation attached to another must-pass piece of legislation, like the National Defense Authorization Act (NDAA). However, there’s increasing frustration in Congress with turning the NDAA into a Christmas tree, a bill that contains lots of unrelated amendments and provides a little something for everyone. For example, Sen. Joni Ernst (R-IA), a member of the Armed Services Committee, has already been publicly saying that she doesn’t want non-germane amendments added to the bill.
3. The elections in November could lessen the likelihood of immediate action. If Republicans win the majority in either chamber of Congress, they may opt to wait to consider permitting reform legislation. Why compromise with Democrats in a lame duck session rather than bring up their own version of the bill in a Republican-controlled chamber in 2023?
4. It’s very difficult to pass legislation in a closely divided Congress. Any changes Sen. Manchin makes to the bill will inevitably cause him to lose support from one side or another. If he drops the requirement to approve the Mountain Valley Pipeline, he may win the support of some Democrats, like Virginia Sen. Tim Kaine (D-VA), who opposed the provision. But it could cost of him the support of Republicans, like Sen. Shelley Moore Capito (R-WV), who is a big proponent of the pipeline. It’s very hard to see how he can get 60 votes.
5. The environmental justice movement strongly opposed the bill. Were the bill to be revived in the lame duck session, it would reenergize the movement. On top of that, 77 House Democrats and 5 Senate Democrats signed letters opposing the plan to attach the permitting bill to the continuing resolution. This political dynamic complicates prospects for the bill in the lame duck.

Many members of Congress want to change the federal permitting process. After the continuing resolution passed, some senators reiterated their interest in moving a bill to improve federal permitting before 2022 ends. Election year politics, ongoing disputes over the Mountain Valley Pipeline, and the opposition of environmental justice movement will make it very difficult to secure the 60 votes needed in the Senate for the bill to be enacted. Despite the chatter about taking another swing at the bill, it is unlikely we’ll see Congress pass permitting reform this year.

Urging the USACE to Rescind Appendix C

In response the U.S. Army’s request for comments (https://www.federalregister.gov/documents/2022/06/03/2022-11881/notice-of-virtual-public-and-tribal-meetings-regarding-the-modernization-of-army-civil-works-policy), SHA and the Coalition for American Heritage submitted a letter outlining why the Army should rescind Appendix C.

Instead of using a program alternative establishing a customized, agency-specific approach for complying with Section 106 of the National Historic Preservation Act, the letter urges the U.S. Army to simply follow the Advisory Council for Historic Preservation’s standard regulations governing compliance with Section 106. In addition, SHA and the Coalition provided practical suggestions for how the U.S. Army could improve its regulatory and tribal consultation policies.

Read the comment letter: https://heritagecoalition.org/wp-content/uploads/2022/08/Coalition_Appendix_C_Comments_August_2_2022_final_website.pdf

Pay UNESCO and World Heritage Dues

In a letter to Congressional leaders, SHA and other leading preservation organizations urged Congress to pay the dues the United States owes to the United Nations Educational, Scientific, and Cultural Organization (UNESCO) and the World Heritage Fund.

At present, there are 24 sites in the United States on the World Heritage List. Should the U.S. government continue to be in arrears, future nominations to the World Heritage List (https://whc.unesco.org/en/nominations/) may be jeopardized.

To read a full copy of the letter to Congress is available at: https://heritagecoalition.org/wp-content/uploads/2022/07/US-ICOMOS.Coons_.Group-Letter.7.11.2022.FINAL_.pdf

How You Can Get Involved

For additional information on SHA’s advocacy efforts, please sign up for email alerts from the Coalition for American Heritage at https://heritagecoalition.org/for-individuals/ and follow the Coalition on Facebook at @heritagecoalition and on LinkedIn at https://www.linkedin.com/company/coalition-for-american-heritage/. You’ll get Calls to Action with sample scripts for emailing/calling your Member of Congress. You will also receive information on how to send a comment letter to federal agencies and examples of what you may choose to say.

Also, please consider joining SHA’s Government Affairs Committee! Given increasing threats (to both terrestrial and underwater sites) from the current Administration, your involvement is critical. If interested, please contact Terry Klein at tklein@srifoundation.org or Marion Werkheiser (marion@culturalheritagepartners.com). We look forward to working alongside you to advance the protection of our historical archaeological heritage!