On July 24, the Advisory Council on Historic Preservation (ACHP) voted to begin rewriting the regulations for Section 106 of the National Historic Preservation Act. The proposed changes empower federal agencies to make decisions about the valuate of historic places with little input from State agencies, Tribes, and Oregon’s communities and organizations. The revised rule would sharply reduce the involvement of the Oregon State Historic Preservation Office and Tribes in identifying historic properties and evaluating the effects of federal projects. The proposed revised regulations make consultation with local governments, organizations, and the public optional, allowing federal agencies to decide if, when, and how to consider comments. The proposal also narrows which projects must be reviewed, excluding those carried out by state or local agencies even when they use federal funds or need federal permits. It removes consideration of visual, atmospheric, and audible impacts, long term cumulative effects, and effects outside an agency’s regulatory authority. Most concerning, it could even prevent consideration of properties already listed in the National Register if they are very large or lack “tangible human improvements.”
Section 106 and the current implementing regulations, 36 CFR 800, requires federal agencies to consider whether a project could harm historic places. This applies to projects on federal lands or those involving federal funding, permits, or licenses. Agencies must consult with the State Historic Preservation Office, Tribes, local governments, and knowledgeable community organizations such as museums, archives, historical societies, and cemetery groups to help identify historic properties and understand their significance. Projects reviewed under Section 106 range from road and water system construction to building hospitals and upgrading schools for seismic safety. In Oregon, many local jurisdictions and partners across the Heritage Community regularly participate in this process by helping federal agencies identify important historic places not listed in the state inventory, assess potential harm from federal actions, and, when needed, determine how negative impacts, including demolition, can be mitigated through documentation, public outreach, education, and related efforts.
The proposed rules are under regulatory review by the Office of Information and Regulatory Affairs (OIRA). ORIA evaluates new federal rules for budgetary impacts and consistency with other federal laws and regulations, among other duties. Interested persons and organizations may comment on the proposed rule by registering for a 30-minute hearing at
https://www.reginfo.gov/public/do/eo/neweomeeting. You will be prompted to enter the Regulation Identifier Number (RIN) for the proposed rule when you register, which is 3010-AA10.
On July 24, the federal Advisory Council on Historic Preservation (ACHP) voted to begin rulemaking to revise the regulations that implement Section 106 of the National Historic Preservation Act (36 CFR 800). The proposed changes would remove public involvement from the process, reduce the role of the State Historic Preservation Office (SHPO) and Tribes, and narrow both the types of projects covered and the kinds of properties considered historic. Section 106 requires federal agencies to consider whether a project could harm historic places. This applies to projects on federal lands or those involving federal funding, permits, or licenses. Agencies must consult with the State Historic Preservation Office, Tribes, local governments, and knowledgeable community organizations such as museums, archives, historical societies, and cemetery groups to help identify historic properties and understand their significance. Projects reviewed under Section 106 range from road and water system construction to building hospitals and upgrading schools for seismic safety. In Oregon, many local jurisdictions and partners across the Heritage Community participate in this process by helping federal agencies identify important historic places not listed in the state inventory, assess potential harm from federal actions, and, when needed, determine how negative impacts, including demolition, can be mitigated through documentation, public outreach, education, and related efforts. More information about the proposed changes is available from the National Council of State Historic Preservation Officers at NCSHPO and from the National Trust for Historic Preservation at Section 106 Under Threat | National Trust for Historic Preservation. The proposed rules are still under review, and there will be a public comment opportunity in the future, although it is not yet clear when that opportunity will occur or how long it will last.
On July 24, the federal Advisory Council on Historic Preservation (ACHP) voted to begin rulemaking to revise the regulations that implement Section 106 of the National Historic Preservation Act (36 CFR 800). The proposed changes would remove public involvement from the process, reduce the role of the State Historic Preservation Office (SHPO) and Tribes, and narrow both the types of projects covered and the kinds of properties considered historic. Section 106 requires federal agencies to consider whether a project could harm historic places. This applies to projects on federal lands or those involving federal funding, permits, or licenses. Agencies must consult with the State Historic Preservation Office, Tribes, local governments, and knowledgeable community organizations such as museums, archives, historical societies, and cemetery groups to help identify historic properties and understand their significance. Projects reviewed under Section 106 range from road and water system construction to building hospitals and upgrading schools for seismic safety. In Oregon, many local jurisdictions and partners across the Heritage Community participate in this process by helping federal agencies identify important historic places not listed in the state inventory, assess potential harm from federal actions, and, when needed, determine how negative impacts, including demolition, can be mitigated through documentation, public outreach, education, and related efforts. More information about the proposed changes is available from the National Council of State Historic Preservation Officers at NCSHPO and from the National Trust for Historic Preservation at Section 106 Under Threat | National Trust for Historic Preservation. The proposed rules are still under review, and there will be a public comment opportunity in the future, although it is not yet clear when that opportunity will occur or how long it will last.