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IN THIS ISSUE
Feature Stories
Legislative Updates
Announcements
Feature Stories
FY'03 Interior Appropriations Bill Marked Up in
House and Senate: House-Passed Funding Levels for
Historic Preservation at Odds with Senate Bill
The House Subcommittee on Interior Appropriations
marked up the FY'03 Interior spending bill on June 25
and unanimously approved a $9.5 million increase for the
Historic Preservation Fund (HPF) over the President's
budget, raising the HPF's total funding to $76.5
million. The House bill provides $40 million for the
States, $4 million for the tribes, $30 million for the
Save America's Treasures Fund (SAT), and $2.5 million
for the National Trust's Historic Sites Fund. The
House-approved funding levels were $2 million higher
than FY'02 enacted levels for the HPF. The full
committee mark up of the bill took place on July 9 and
affirmed the subcommittee's mark for HPF spending in
FY'03. The House passed the Interior Bill by a 377-46
margin on July 17 with amendments.
Unfortunately, the Senate Appropriations Committee
marked up the bill on June 27 and remanded the increases
provided by the House and reduced the HPF down to $67
million -- the amount provided in the President's FY'03
budget! Under the Senate mark, the entire $2.5 million
for the Historic Sites Fund was eliminated, $6 million
was cut from the States and $1 million was cut from
tribal grants. The Senate did approve the same level of
funding for SAT grants -- $30 million. Senate
Appropriations Committee Chairman Robert Byrd (D-WV)
hopes to bring the Interior bill to the floor in
mid-July, leaving preservationists to hope for a better
outcome in conference. Not all of the news from the
Senate was bad - funding for the Advisory Council on
Historic Preservation was increased by $250,000 to $4
million and heritage areas funding received $13.384
million (compared to $14.89 million in the House and
only $7.6 million in the President's budget).
Below is a comparison of HPF funding between the
House and Senate Interior bills with enacted funding
levels in the previous two fiscal years:
Historic Preservation Fund
FY2003 Interior Appropriations Bill
(H.R. 5093/S. 2708)
Comparison of House & Senate Mark
Up Funding Levels
($ in millions)
|
Program |
FY01 |
FY02 |
President's
FY'03
Budget |
FY03 House
Level |
FY'03 Senate
Level |
| States |
$46 |
$39 |
$34 |
$40 |
$34 |
| Tribes |
$5.572 |
$3 |
$3 |
$4 |
$3 |
| SAT |
$35 |
$30 |
$30 |
$30 |
$30 |
| Sites
Fund |
-- |
$2.5 |
$0 |
$2.5 |
$0 |
| HPF
Totals |
$86.5 |
$74.5 |
$67 |
$76.5 |
$67 |
Action Needed
Preservation advocates need to contact their Senators
and lobby for the House's more favorable funding levels
in conference. To assist you in this effort, visit the
National Trust's Congressional Advocacy Center at
http://capwiz.com/nthp/home/ and click on the alert
"Senate Appropriations Committee Cuts HPF!" You can send
targeted e-mails to your Senators and ask them to
support the House's higher funding levels for the HPF.
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National Trust Testifies on "Martin's Cove Land
Transfer Act"
National Trust vice president for public policy,
Kitty Higgins, testified before the House Subcommittee
National Parks, Recreation and Public Lands on May 16,
regarding the "Martin's Cove Land Transfer Act" (H.R.
4103).
Sponsored by Rep. Jim Hansen (R-UT), H.R. 4103
proposes a land transfer of 940 acres of public lands
(owned by the Bureau of Land Management) to the Church
of Latter Day Saints for the purpose of preserving the
Martin's Cove site in Natrona County, Wyoming. The
Martin's Cove area is important to the LDS Church as a
historic site because it is where 150 to 200 emigrants
of the Willie and Martin handcart companies lost their
lives in an early fall snowstorm in 1856 during the
Mormon migration. Consequently, the Church has a strong
interest in playing a role in interpreting the site.
However, the area in question also has a rich history of
the western emigration movement for Mormons and
non-Mormons alike, as well as Native Americans who
resided in this area well before western settlers
arrived. For that reason, H.R. 4103 poses a dilemma for
policy makers, who must balance stewardship
responsibilities imposed by existing federal law on
federal agencies with the interests of private entities
that want a stake in preserving and interpreting
cultural resources important to them as individual
groups.
On that point, Ms. Higgins testified that before a
land sale/transfer takes place under with a private
religious entity such as the LDS Church, appropriate
protections for the lands should be incorporated into an
easement or protective covenant that will run with the
land when it is sold. Higgins also stated that the
National Trust would support a co-stewardship agreement
between the Bureau of Land Management, the governing
federal agency in this case, and the LDS Church whereby
lands would continue in public ownership but would be
privately managed with all federal protections intact.
For a complete reading of Ms. Higgins testimony and
the Trust's position on this legislation, visit
http://www.nthp.org/news/docs/20020516_martincove.html.
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Belle Grove/Cedar Creek National Park Bill
Introduced
Representative Frank Wolf (R-VA) and Senator John
Warner (R-VA) introduced legislation on June 13 that
would designate the Cedar Creek Battlefield and the
National Trust's Belle Grove Plantation, a National
Historical Park as a unit of the National Park System.
H.R. 4944 and S. 2623 provide for the establishment of
an endowment with the National Park Foundation and
require that "funds to be designated for the
interpretation, preservation, and maintenance of the
Park resources and public access areas." The bill also
establishes a National Park Advisory Committee that
would include one representative from the National
Trust. In addition, the other nine Civil War battlefield
sites within the Shenandoah Valley will benefit from the
national park designation in the valley and increase in
tourism at the new park, but each battlefield will
continue to be protected and managed locally.
The proposed park boundary includes approximately
3,000 acres at the intersection of Frederick, Shenandoah
and Warren counties and is based on the 1969 boundary
establish for the Cedar Creek and Belle Grove National
Historic Landmark. Today, of those 3,000 acres, three
private preservation groups, including Belle Grove
Plantation, collectively comprise and protect nearly 900
acres within the proposed park boundary.
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Gephardt Introduces Bill to Enhance Use of State
Rehab Tax Credits
House Minority Leader Richard Gephardt (D-MO) has
introduced a bill (H.R. 4933) to amend the current tax
provision that treats money received from the transfer
or refund of state historic rehabilitation tax credits
as taxable income. Introduced on June 13, the "Historic
Rehabilitation Enhancement Act of 2002" is intended
enhance the use and transfer of state rehabilitation tax
credits. H.R. 4933 specifically would allow the transfer
or disposition of State historic tax credits "with no
affect or reduction in the amount of qualified
rehabilitation expenditures incurred in connection with
a rehabilitated property, nor affect the transfer or
disposition, nor any basis adjustments of investment
credit property for purposes of the recapture."
The National Trust has sent a letter to Rep. Gephardt
endorsing H.R. 4933. Passage of H.R. 4933 would be a
boost to state rehab tax credits, which have
increasingly come under attack by state legislatures due
to budget shortfalls and mandatory state laws that
require a balanced budget every year.
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Senate Finance Committee Approves Charitable
Giving Tax Incentives for Gifts of Land
The Senate Finance Committee marked up and approved a
bill, the "Charity Aid and Recovery Empowerment Act,"
containing charitable-giving provisions that provide
additional incentives for landowners to donate
conservation easements to charities, effective January
1, 2003. These provisions include:
" Up to 50% exclusion of adjusted gross income (AGI)
for regular taxpayers who donate conservation easements
on land to charities; up to 100% exclusion for farmers
and ranchers. Applies to all 170(h) qualifying
conservation contributions, including historic ones. It
increases deduction to 50% of AGI, with excess
contributions carrying over for 15 years. If the
taxpayer's income is more than 51% from schedule F, they
can deduct up to 100% of their AGI, over that same
period.
" An exclusion of 25% of capital gains for sale of
property for conservation purposes. There is also an
exclusion of 25% of the gain on the sale of real
property or an interest in property to any 501(c)(3) or
government organization, but historic preservation is,
unfortunately, not included in this provision.
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House Passes Supplemental Brownfields Funding Bill
(H.R. 2941)
The House passed a new brownfields funding bill (H.R.
294)1 on June 4 which focuses on providing access to
capital for local entities that traditionally have had
trouble obtaining financing for brownfields
redevelopment activities. Most notably, H.R. 2941
eliminates the requirement that local governments obtain
section 108 loan guarantees as a condition to receiving
Brownfields Economic Development Initiative (BEDI) grant
funding. De-coupling BEDI grants from section 108 loan
guarantees is important because some small cities have
great difficulty in securing or are unable to secure
those guarantees. The new legislation comes on the heels
of a larger brownfields funding bill signed into law
earlier this year.
H.R. 2941 also establishes a `Pilot Program for
National Redevelopment of Brownfields.' With this
authority, the Secretary of Housing and Urban
Development will be able to fund a common pool for
economic development loans available to eligible local
governments and distribute these loans on a competitive
basis. Because the newly-passed `Small Business
Liability Relief and Brownfields Revitalization Act'
authorizes only $200 million annually, with a $1 million
cap on funds to any individual locality, the Pilot
Program is intended to supplement funding for the
450,000 plus brownfields sites across the country. No
specific authorization of funding is included in H.R.
2941, but , the Congressional Budget Office estimates
that implementing H.R. 2941 would cost $96 million over
a five-year period and, out of this amount, $31 million
would be used by HUD to establish the aforementioned
pilot program to fund redevelopment of brownfields
sites.
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Legislative Updates
Vote on Amending Antiquities Act Postponed
Indefinitely in House
Preservation advocates were instrumental in delaying
a scheduled vote on the "National Monument Fairness Act"
(H.R. 2114) on June 19. Grass roots pressure was
essential to the House Rules Committee postponing a vote
on H.R. 2114, a bill that would undermine the
President's power to declare national monuments and
protect and natural and cultural heritage under the
Antiquities Act of 1906. The bill would sunset all new
national monuments over 50,000 acres within two years of
designation unless Congress approves the President's
actions. H.R. 2114 fundamentally defeats the very
purpose of the Antiquities Act of 1906 and significantly
alters the appropriate balance of power between the
President and Congress in protecting important federal
natural and cultural resources that has served the
nation well for more than 90 years.
The Antiquities Act of 1906 has enabled the President
to act quickly to protect historic and pre-historic and
cultural resources located on the public lands,
including sacred Native American sites, pre-historic
archaeological resources and sites associated with key
figures and events in our nation's history. Most
recently, Presidents Clinton and Bush have used the
Antiquities Act to designate two of the most significant
historic sites in the nation -- Lincoln Cottage National
Monument in Washington, D.C., and Governors Island
National Monument in New York, respectively -- sites
with immeasurable significance to our nation's military
and political history.
Advocates should stay tuned for future alerts and
updates on possible floor action in the House on H.R.
2114.
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Airport Capacity Bill (S. 633) Could Spell Trouble
for TEA-21 Reauthorization
Preservationists have joined a large coalition of
environmental organizations and mounted a grass roots
campaign to stop an aviation capacity bill (S. 633) from
passing the Senate and possibly setting a bad precedent
that could affect the larger highway funding
reauthorization of the TEA-21 law next year. S. 633
includes environmental streamlining provisions that, if
enacted, could steam roll the environmental review
process that protects public health, communities and the
environment through state- and local-level review.
Advocates began contacting their Senators in June to
register their opposition to S. 633 and any other
streamlining proposals for airports, highways, pipelines
or military bases.
S. 633 was been reported out of the Senate Committee
on Commerce, Science and Trasnportation on June 13 and
is pending on the Senate Calendar. Advocates can still
send their Senators an e-mail through the National
Trust's Congressional Advocacy Center at
http://capwiz.com/nthp/home/ and register their
opposition to S. 633.
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Boise Mayor Brent Coles Testifies in Support of
TEA-21, Transit-Oriented Development in Senate Banking
Committee
Brent Coles, the mayor of Boise, Idaho and the
President of the U.S. Conference of Mayors, testified
before the Senate Committee on Banking, Housing and
Urban Affairs on June 13 in support of reauthorizing the
TEA-21 transportation funding law. Coles' testimony
touted TEA-21's successes in supporting collaborative
partnerships at the State and local level that have led
to developing intermodal transportation projects that
embrace concepts such as transit-oriented development.
Coles' testimony also pointed out that "the law [TEA-21]
has not been completely implemented" and that "despite
much progress, we have failed to fully capitalize on the
many opportunities this law intended to make available
to our cities. I see the reauthorization of the surface
transportation program as that opportunity to reach full
potential of the law." Mayor Coles' statement can be
viewed in full at
http://banking.senate.gov/02_06hrg/061302/coles.htm.
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Funding for Historic Barns Program Sought in FY'03
Appropriations
Language was included in the recently-enacted farm
bill (H.R. 2646, P.L. 107-171) that authorizes funding
for the rehabilitation and restoration of historic
barns. Sen. James Jeffords (I-VT) wrote the historic
barns language in the farm bill and also sent a letter
on May 15 to Agriculture Appropriations Chairman Herb
Kohl (D- WI) and Ranking Minority Member Thad Cochran
(R-MS) asking for $5 million in FY 2003 for the program.
These funds will be used to provide grants for
rehabilitation, repair, fire protection, vandalism
prevention, research and identification of historic barn
structures.
In addition to Jeffords, the following Senators also
signed the letter to Senators Kohl and Cochran: Arlen
Specter (R-PA), Richard Lugar (R-IN), Carl Levin (D-MI),
Olympia Snowe (R-ME), Bob Smith (R-NH), Blance Lincoln
(D-AR), Debbie Stabenow (D-MI), Barbara Mikulski (D-MD),
Jon Corzine (D-NJ), Tim Johnson (D-SD), Mark Dayton
(D-MN), Christopher Dodd (D-CT), Hillary Rodham Clinton
(D-NY), Senator Robert Torricelli (D- NJ), Charles
Schumer (D-NY), Jean Carnahan (D-MO), Patrick Leahy
(D-VT), Max Cleland (D-GA), Senator Max Baucus (D-MT).
Preservation advocates are encouraged to thank these
Senators for their support of the barn program.
The Senate Subcommittee on Agriculture, Rural
Development and Related Agencies is expected to mark up
the FY'03 agriculture spending bill this month.
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New Authorization Bill (H.R 1606) for Historically
Black Colleges and Universities Funding Reported in
House
The House Resources Committee reported out a bill
(H.R. 1606) on June 20 that would authorize the
Secretary of Interior to provide matching grants to
rehabilitate historic buildings located on the campuses
of the nation's 103 Historically Black Colleges and
Universities (HBCUs). Introduced by Rep. James Clyburn
(D-SC), H.R. 1606 would amend a 1996 omnibus parks bill
that provided $29 million for historic preservation
activities for HBCUs and create a new funding
authorization for HBCU grants while also lowering the
matching requirement from 50% to 30% for such grantees.
Unfortunately, HBCUs were only able to realize
one-quarter of the original authorization (which expired
in FY'01) over a five-year period through congressional
appropriations. Rep. Clyburn has championed the cause of
HBCU grants and has repeatedly cited a 1998 GAO study
that has documented a need of $755 million for 712
historic sites located throughout HBCU campuses
nationwide to his congressional colleagues. Clyburn has
consistently argued that the 50% matching requirement
has not served HBCUs or the crumbling historic sites on
these campuses and is instead fostering a policy of
deferred demolition.
The National Trust has endorsed H.R. 1606 and Rep.
Clyburn's commitment to securing additional HBCU funding
in FY'03 and beyond.
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Announcements
National Trust Announces 2002 Eleven Most
Endangered Historic Sites
The National Trust for Historic Preservation
Announced 2002 List of America's 11 Most Endangered
Historic Places on June 6, 2002. Sites on the 2002 list
include:
TEARDOWNS IN HISTORIC NEIGHBORHOODS,
Nationwide - Historic neighborhoods across the country
are falling prey to an epidemic of teardowns as older
homes are being purchased, demolished and replaced by
houses that destroy the fabric of communities.
ST. ELIZABETHS HOSPITAL, Washington, D.C. - An
architectural marvel opened in the mid-1850s, America's
oldest large-scale government-run mental hospital is now
crumbling.
ROSENWALD SCHOOLS, Southern U.S. - Between
1913 and 1932, the Rosenwald Fund - founded by Chicago
philanthropist Julius Rosenwald - helped build more than
5,300 schools for African Americans, but today, many of
these landmarks have disappeared or are falling into
ruin.
CHESAPEAKE BAY SKIPJACK FLEET, Maryland - The
wooden sailing fleet that has harvested oysters on the
Chesapeake Bay for more than a century now numbers only
about a dozen, and the vessels are disappearing fast.
POMPEY'S PILLAR, Yellowstone County, Mont. -
The place where William Clark, co-leader of the famed
Lewis and Clark Expedition, carved his name in stone in
1806 is now threatened by a 100-acre trucking and
railroad terminal that will plant four 150-feet tall
grain elevators right next door.
HISTORIC BRIDGES OF INDIANA -Built between
1860 and 1930 and made of wood, stone, iron and steel,
hundreds of Indiana's historic bridges have been
demolished in recent years, and many more are in
jeopardy.
MISSOURI RIVER VALLEY CULTURAL AND SACRED
SITES, Montana, North Dakota and South Dakota - The
valley's archaeological remains and Native American
burial sites have been greatly damaged by the federal
government's reservoir and dam projects.
GUTHRIE THEATER, Minneapolis, Minn. - The
Guthrie, a Twin Cities landmark that revolutionized
theater design when it opened in 1963, is scheduled to
be demolished and replaced with a parking garage and
sculpture garden.
HACKENSACK WATER WORKS, Oradell, N.J. - The
1882 Hackensack Water Works, a marvel of American
engineering that has been described as "the history of
the Industrial Revolution in one building," is
threatened with demolition.
KW'ST'AN SACRED SITES AT INDIAN PASS, Imperial
County, Calif. - Filled with panoramic vistas, ancient
trails, extensive archaeological sites and petroglyphs,
this landscape could soon be defiled by a massive
cyanide heap-leach gold mine.
GOLD DOME BANK, Oklahoma City, Okla. - Built
in 1958 on historic Route 66, this 150-foot-diameter
landmark, an early example of the geodesic dome patented
by famed designer and futurist Buckminster Fuller, is
facing the wrecking ball.
For more information, call 1-800-315-NTHP or visit
the National Trust's web site at
http://www.nationaltrust.org/11most.
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Dozen Distinctive Destinations of 2002
Announced
The National trust announced the selection of its
Dozen Distinctive Destinations, an annual list of the
best preserved and unique communities in the United
States. In announcing the list, National Trust President
Richard Moe stated that "each one of these 12
communities represents a truly distinctive slice of
America's past that make them exciting alternatives to
the homogenization of many other vacation spots. It is
my hope that more American cities and towns will follow
the lead of these great destinations in preserving their
own spirit of place."
The cities and towns on the 2002 list of America's
Dozen Distinctive Destinations are:
Asheville, N.C. (pop. 68,889): Home to
Biltmore House, America's largest private residence, and
the luxurious and historic Grove Park Inn, Asheville
also offers diverse natural, historic, and cultural
experiences that preserve generations of the
"Appalachian tradition."
Butte, Mont. (pop. 33,954): Sitting atop the
"richest hill on earth," Butte celebrates its rowdy
history and invites visitors to experience a
one-of-a-kind urban landscape dotted with well-preserved
architecture, abandoned copper mines, mansions of mining
millionaires, and more.
Fernandina Beach, Fla. (pop. 10,549):
Fernandina Beach offers a residential and commercial mix
of late-Victorian architecture in its downtown that
reflects the city's great prosperity in the late 1880's,
while wide beaches on the east frame the Atlantic Ocean.
Ferndale, Calif. (pop. 1,382): In Ferndale,
visitors can stroll along the town's Historic main
street District, where art galleries, antique shops and
boutiques complement a dazzling array of 19th-century
Gothic Revival, Italianate, Eastlake and Queen Anne
homes.
Frederick, Md. (pop. 52,767): Located just 48
miles from Washington, D.C., in the rolling hills of
central Maryland, vibrant, historic Frederick boasts
fine restaurants, art galleries, antique shops galore,
more than its share of Revolutionary and Civil War
ghosts, and a plucky, long-deceased heroine named
Barbara Fritchie.
Holland, Mich. (pop. 35,048): Located on a
beautiful lakefront site with a revitalized main street
lined with quaint cafes and unique shops, the town is
the perfect setting for a weekend getaway or a family
vacation.
Milan, Ohio (pop. 1,445): Inventor Thomas
Edison was born in this picturesque "New England town in
Northwestern Ohio" and in the Edison Birthplace Museum,
visitors can view a collection of rare Edisonia,
including examples of many of his early inventions,
documents and family mementos.
Morristown, N.J. (pop. 18,544): George
Washington spent two inhospitable winters here, but
today visitors can step back in time while strolling
through the town's carefully preserved "green" or
admiring the cache of Federal, Greek Revival and
Victorian homes that comprise the historic district.
Saratoga Springs, N.Y. (pop. 26,186): Long one
of America's premier resorts, culminating in the
construction of the historic Gideon Putnam Hotel &
Conference Center, the town is filled with dazzling
examples of Greek Revival, Gothic Revival and Queen Anne
architecture.
Silver City, N.M. (pop. 12,500): Once an
Apache Indian campsite, later the boyhood home of the
gunslinger Billy the Kid, and most recently a silver
mining boomtown, visitors can also discover ancient
Native American cultures by visiting the nearby Gila
Cliff Dwellings National Monument.
Walla Walla, Wash. (pop. 29,686): A
destination rich in historical significance, natural
resources, and inherent beauty, Walla Walla boasts a
magnificently restored main street, year-round arts and
music festivals, events, and many fun opportunities for
families with children.
Westerly, R.I.
(pop. 17,682): Tucked into Rhode Island's southwest
corner, coastal Westerly is one of the state's best-kept
secrets with beautiful beaches, sprawling gabled
Victorian cottages, vast green lawns and awe-inspiring
ocean views.
This is the third year that the National Trust for
Historic Preservation has compiled a list of America's
Dozen Distinctive Destinations. More than 50
destinations in 27 states were nominated by preservation
organizations and local communities.
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Transportation and Historic Preservation: Items of
Interest
* The Public Policy Department has copies of an
excellent article from Planning magazine, a publication
of the American Planning Association, entitled "Ten Ways
to Win with Your State DOT," by Ian Lockwood.
* Public Policy also has copies of a newsletter of
the Transportation Research Board's Environment
Committee reporting on the committee's 2001 Summer
Workshop. Readers who are involved in controversies with
their state transportation agencies will be particularly
interested in the report of discussions of legal issues
transportation officials often face in addressing
environmental concerns. Contact Stacey Mahaney at
202-588-6255 or Stacey_Mahaney@nthp.org for a copy of
this report.
* The fifth installment of the Surface Transportation
Policy Project's (STPP) "Decoding Transportation Policy
and Practice" series explains the process that allows
states to under- and over-fund federal programs. The
newest release explores the implications of the growing
loophole on how states are spending federal
transportation dollars. To view the series, visit
http://www.transact.org/decoders.htm.
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Americans for National Parks Coalition Sponsors
Parks Scrapbook Project
Summer is here and Americans are visiting our
national parks in ever-increasing numbers. Americans for
National Parks, a coalition of over 200 conservation and
preservation groups - including the National Trust -
want to capitalize on the popularity of the parks as
summer vacation destinations and, as a result, have
launched a new tool called the National Scrapbook. The
National Scrapbook is a web-based, electronic tool that
gives people the opportunity to show their appreciation
of our national parks by recording their visits to these
great national treasures. As people travel over the
summer and visit national parks, they can post photos
and written diaries on the scrapbook web site as a way
to share experiences and inspire all Americans to care
for these majestic places. In September, these posted
entries in the scrapbook will be shared with Members of
Congress and the president as evidence of public concern
and affection for our national parks and support of
Americans for National Parks' mission to protect
them.
We encourage all preservation advocates to take a
moment to visit the National Parks Scrapbook at
www.americansfornationalparks.org/scrapbook or send the
new flash movie to your members/customers
www.npca.org/across_the_nation/americansfornationalparks/safari/.
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Preservation Advocate News is published by the
National Trust's Department of Public Policy and
distributed via e-mail to its grass roots advocacy
network. For further information contact: National Trust
for Historic Preservation, Department of Public Policy,
1785 Massachusetts Avenue, N.W., Washington, DC 20036,
202-588-6254 (phone), 202-588-6038 (fax), policy@nthp.org
(e-mail). To sign up directly for e-mail delivery, visit
the National Trust's Congressional Advocacy Center at http://capwiz.com/nthp/home/.
Richard Moe, President
Kathryn Higgins, Vice
President for Public Policy
Patrick Lally, Director
of Congressional Affairs
Staff Writers: Carl Wolf,
Dan Costello, Laura Skaggs, Stacey Mahaney
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