Preservation Law Under Threat

If you follow historic preservation news, you have likely heard about the federal Advisory Council on Historic Preservation’s (ACHP) proposed changes to the regulations governing implementation of Section 106 of the National Historic Preservation Act. The purpose of Section 106 is for federal agencies to consider the effect of their actions on historic properties. It also provides the opportunity for consultation and comment on those undertakings. As written in the Code of Federal Regulations linked above, “The goal of consultation is to identify historic properties potentially affected by the undertaking, assess its effects and seek ways to avoid, minimize or mitigate any adverse effects on historic properties.”

*Section 106 recently saved the Agricultural Building on the Essex County Fairgrounds from demolition.*

On July 24, the ACHP voted to move forward with major changes to these regulations. Those proposed changes will eliminate the public consultation process – instead State Historic Preservation Offices, Tribal Historic Preservation Offices, local governments, and others will only have an opportunity to respond to the completed analysis. Local governments would not be automatically entitled to respond, while preservation organizations like AARCH and other affected public groups would not have any opportunity to respond. In addition, many projects that currently qualify for Section 106 review would now be excluded from that review. Projects that still qualify would no longer be required to consider the impact of their actions on historic properties beyond immediate physical damage. Mitigation, which has provided important support for communities affected by federal actions, would be discretionary and agency-led, not determined through a collaborative consultation process. Tribal consultation will be greatly limited, as will recognition of Tribal Nations’ sovereignty.

Here in the Adirondacks and North Country, Section 106 has helped stop the demolition of the Agricultural Building on the Essex County Fairgrounds. It has led to the protection of the former Plattsburgh Air Force Base, including the Oval, the Old Post Cemetery, and the Old Stone Barracks. Section 106 has also protected countless archaeological sites in our region and beyond. The consultation process has led to mitigation for communities affected by federally permitted actions, including large-scale renewable energy projects in Lewis and Clinton Counties.

What can you do?

*Section 106 helped protect the Old Stone Barracks in Plattsburgh, which have been rehabilitated as a brewery, inn, and event space.*

Formal public comment has not yet opened – we will let you all know when it does. Individual letters to your Congressional Representatives and US Senators will have the greatest impact at that time. In the meantime, please consider ways in which Section 106 has helped preserve historic places in your community. Stories of local impact will be powerful and significant in communicating with your elected officials.

Right now, you can call the offices of your Congressional Representative and US Senators to express your opposition to the Advisory Council on Historic Preservation’s changes to the regulations governing Section 106 of the National Historic Preservation Act. The August recess is a particularly good time to contact your district office and calling has the greatest impact. Please encourage your local elected leaders and community organizers to reach out as well.

You can find your Congressional Representative and US Senators online through this easy finding tool. Cultural Heritage Partners has put together this call script with a variety of options, including a 20-second voice mail.

Organizations can sign on to an open letter to Congress urging them to protect and strengthen Section 106. AARCH has joined 700+ Tribes, nonprofit organizations, and businesses in signing on.

Additional Information and Resources

The Preservation League of New York State has gathered resources and shared more information here .
The National Conference of State Historic Preservation Officers (NCSHPO) has an excellent timeline of the process and thorough overview of the changes.
The National Trust for Historic Preservation also has a one-page document outlining the changes.
Cultural Heritage Partners have collected resources, including press coverage and statements from public officials in their online War Room.

Please do not hesitate to reach out to Erin with any questions, comments, or concerns.