A New Threat to America’s Historic Preservation Law
Take Action Now! – The Senate Could Act November 9.
The only thing worse than the Advisory Council for Historic Preservation’s gutting of the Federal Historic Preservation Law is a bill the Senate recently introduced. The “Bipartisan Affordability and Jobs Act” (S.5653) goes even further to eviscerate preservation law.
Why a bill aimed at destroying preservation clothed itself in “affordability” and “jobs” is another story. But the resulting deal is an affront to the lawmakers who passed the National Historic Preservation Act 60 years ago and ignores its great nationwide success.
The Senate bill is on a fast track. A vote is expected when the Senate returns from recess on November 9. Given this bill’s bipartisan sponsorship and fast track, there is no room for negotiation. It has to be defeated.
What’s at Stake?
Section 106 is a provision in U.S. federal law under the National Historic Preservation Act of 1966, and it is an inherently democratic process. Since then, it has given citizens opportunities to consult with government agencies to ensure community concerns are addressed when planning federal projects.
Important preservation outcomes in New York include:
- Saving the Eero Saarinen TWA Terminal at JFK Airport and transforming it into a hotel
- Recognizing the African Burial Ground in Lower Manhattan
- Salvaging the Survivors’ Staircase at Ground Zero
- Incorporating Moynihan Train Hall into the Penn Station complex
Section 106 doesn’t stop projects. It creates an opportunity for government agencies, preservationists, and communities to identify historic resources, consider potential harm, and find ways to avoid, minimize, or mitigate that harm.
And it works. Over the last six years, New York’s State Historic Preservation Office has reviewed more than 25,000 federal consultation projects, with average review times of just seven to 12 days and fewer than 1% determined to have adverse effects.
S. 5653 Would Change Historic Preservation
Under the Senate bill:
Public participation could become optional – Federal agencies could decide whether the public is notified about a project
Fewer projects would receive review – The bill would narrow which projects are subject to Section 106
Federal agencies would have more power to dismiss preservation concerns – Agencies could give greater weight to other considerations without fully considering ways to avoid, minimize, or mitigate harm
The requirement to address harm would be weakened – The bill would significantly alter how adverse effects are defined and addressed
THIS IS AN EMERGENCY FOR PRESERVATION
The National Historic Preservation Act has protected our nation’s heritage for 60 years. Section 106 is not an obstacle to progress. It is a democratic process that gives communities a voice before decisions are made and historic places are lost. We cannot allow that voice to disappear.
Contact Senators Chuck Schumer and Kirsten Gillibrand.
Tell them to vote NO on S. 5653, the Bipartisan American Affordability and Jobs Act.
TAKE ACTION NOW
If we don’t act now, we could lose one of the most important tools we have to protect America’s historic places—and the public’s voice in deciding what happens to them.
