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IN THIS ISSUE
Feature Stories
TRANSPORTATION POLICY FOCUS: TEA-21 and
Environmental Streamlining
Legislative Updates
Announcements
Feature Stories
Lame Duck Session To Decide Interior
Appropriations and Historic Preservation Spending for
FY'03
Predictions that Congress would never finish the
FY'03 appropriations cycle finally materialized and
forced the 107th Congress to adjourn for the November
5th mid-term election, but not before passing a
continuing resolution (CR) that will fund the government
until November 22. To date, Congress has completed only
two spending bills - Defense (H.R. 5010) and Military
Construction (H.R. 5011) Appropriations - making it
necessary for Members to return for a lame duck session
to settle the remaining 11 appropriations bills. The
House and Senate have officially adjourned until
November 12 to allow Members to return home and hit the
campaign trail.
Prior to the House adjourning on October 16, it
appeared as if Congress might pass a long-term CR that
would extend into February or March of next year and
freeze historic preservation funding at FY'02 levels
(currently $74.5 million for the Historic Preservation
Fund). Although the Interior Appropriations Bill (H.R.
5063) passed the House, it never reached final
consideration on the Senate floor because of fierce
disagreement over wildfire protection funding provisions
in the Senate version of the bill. When Congress returns
for the lame duck session, the Senate will have to pass
the Interior bill and then conferees will have to settle
differences between the Senate ($67 million) and House
($76.5 million) funding levels for the Historic
Preservation Fund (HPF).
Preservation advocates are urged to visit our
Congressional Advocacy Center on-line at
http://capwiz.com/nthp/home/ and send an e-mail to your
Members of Congress urging them to support the
House-passed levels for the Historic Preservation Fund.
For complete details, see our alert called "HPF
Funding Needs Your Help."
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Public Buildings, Property and Works Act Signed
into Law
President Bush signed a comprehensive bill
overhauling the federal government's activities with
respect to its property holdings, including historic
buildings and federal monuments on August 21st. The new
law (P.L. 107-217) amends Title 40 of the United States
Code and reinforces historic preservation stewardship by
the federal government in a number of ways.
For example, in regard to conveyances, the bill
authorizes the General Services Administration (GSA) to
convey to a "State, a political subdivision or
instrumentality of a State, or municipality, the right,
title, and interest of the Government in and to any
surplus real and related personal property that the
Secretary of the Interior determines is suitable and
desirable for use as a historic monument for the benefit
of the public." In addition, a grantee of such property
may use it for "revenue-producing activity" if the
Secretary of the Interior "determines that the
activities are compatible with use of the property for
historic monument purposes … and approves the grantee's
plan [including financial plans] for repair,
rehabilitation, restoration, and maintenance of the
property." Such properties would have to be used and
maintained for historical monument purposes in
perpetuity or revert back to the federal government in
the event of non-compliance.
The new law also forbids GSA from demolishing any
building declared as surplus property for 90 days until
it receives written notice and assurances from the
Secretary of Interior that such building(s) are not
historic and of national significance. If the Secretary
does not notify GSA of the historic and national
significance of a building within 90 days, the GSA may
proceed with demolition.
The Act strongly reinforces Executive Order 13006 by
requiring GSA to utilize the services of the Advisory
Council in surveying and identifying [within 60 days]
existing buildings that "are of historical,
architectural or cultural significance" and determine
whether or not such buildings are "in need of repair,
alteration or addition" to make them suitable for
acquisition to meet the public building needs of the
government. The bill also specifies that GSA shall
"acquire and utilize space in suitable buildings of
historical, architectural, or cultural significance,
unless use of the space would not prove feasible and
prudent compared with available alternatives" and
requires the development of "a comprehensive plan for
providing space … in existing Government-owned or
occupied buildings, especially those buildings that
enhance the architectural, historical, social, cultural,
and economic environment of the locality."
Finally, the Act stipulates that the GSA submit an
annual report to the President and Congress each January
that includes the "actions the Administrator has taken
in the reporting period to protect and enhance the
significant historic and architectural values of
structures within the boundaries of the Administrator's
jurisdiction" as well as "similar actions … in the
upcoming fiscal year related to historic and
architectural preservation."
TRANSPORTATION POLICY FOCUS: TEA-21
Reauthorization and Environmental Streamlining
At least since the surface transportation debate of
1997-98 and the passage of the Transportation Equity Act
of the 21st Century (TEA-21), pressure has been building
to weaken existing law governing historic reviews of
federally funded transportation projects. Many changes
have been suggested, including removal of historic sites
from the resources protected by Section 4(f) of the
Department of Transportation Act of 1966, an end to
protection for certain classes of historic resources,
and a statutory definition of the word "prudent" that
would cripple protections for historic places.
The National Trust believes that environmental
reviews are an essential element in transportation
development, strongly supported by the public. Whether
they are major causes of unnecessary delays of road
projects, and if so, why, must be demonstrated in the
context of a larger review that takes into account all
of the key elements in project delivery that have the
potential for causing delay. A broad review is essential
before we adopt major changes in the laws governing
environmental reviews, either as a precursor to or
during reauthorization of the Transportation Equity Act
of the 21st Century (TEA-21).
The National Trust is sympathetic to the need for
finding ways to provide the relief that states want from
excessive and unwarranted environmental review delays.
However, blatant attacks on the protections provided by
Section 4(f) will be forcefully resisted, and this
effort could develop into the single most important
historic preservation fight in Congress given that
surface transportation spending is the greatest source
of funding for transportation-related preservation
projects.
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Young Introduces ExPDITE Streamlining
Legislation
The "Expediting Project Delivery to Improve
Transportation and the Environment (ExPDITE) Act" (H.R
5455) was introduced in the House on September 25th by
Transportation and Infrastructure committee chairman Don
Young (R-AK). The ExPDITE bill would substantially
weaken the environmental and historic preservation
review processes as carried out under Section 106 of the
National Historic Preservation Act and Section 4(f) of
the Department of Transportation Act - the two critical
components of federal historic preservation policy which
are instrumental in minimizing harm to historic and
cultural resources from transportation projects. ExPDITE
is intended as a legislative remedy to what many
transportation critics claim are unreasonable delays in
completing transportation projects because of
environmental review requirements under existing law.
The National Trust sent a letter on October 3 to each
member of the House Transportation and Infrastructure
Committee along with a detailed analysis of the
provisions of H.R. 5455 to demonstrate that "the bill
virtually destroys protections in federal law for
historic places." The Trust letter also makes it clear
that delays in completing transportation projects "stem
from a variety of sources" and "to suggest that
environmental and historic preservation reviews are
chiefly responsible" for delays in completing projects
"is scapegoating, pure and simple."
The National Trust is already working with the
transportation community to find ways to make historic
preservation reviews more effective and less time
consuming, but without compromising the protections
afford cultural resources under existing law. Toward
this end, the National Trust has prepared a detailed
analysis of H.R. 5455 that summarizes its opposition to
the bill and what legislative changes need to be made to
make streamlining a credible policy endeavor and yield a
balanced approach to transportation planning that gives
equal weight to mobility and the concept of "meaningful
place."
To view the National Trust's alert,an analysis of the
ExPDITE legislation and our letter to the members of the
House Transportation and Infrastructure Committee, visit
our Congressional Advocacy Center at http://www.capwiz.com/nthp/home/
for complete details regarding this onerous proposal.
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Bush Executive Order on Environmental Review
Streamlining
President Bush issued a new executive order entitled
Environmental Stewardship and Transportation
Infrastructure Project Reviews on September 18th. The
order creates an interagency task force to review
transportation projects, at least quarterly, to "the
maximum extent practicable to expedite their reviews for
relevant permits or other approvals." The Task Force
will consist of the representatives of several federal
agencies.
The new executive order could affect TEA-21
reauthorization next year. Its impact on existing
Section 4(f) requirements under the Department of
Transportation Act - the first line of defense for
historic and cultural resources that are threatened by
federal highway projects - is not clear. Rep. Don Young
has already introduced legislation (see related story)
that weakens 4(f) requirements, which means
preservationists will be fighting the war on
environmental streamlining on two fronts!
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Senate Committee on Environment and Public Works
Holds Hearing Environmental Streamlining" for National
Transportation Programs
On September 19th, just one day after the
Administration issued its executive order on
environmental reviews, the Senate Committee on
Environment and Public Works held a hearing on the
possible effects of environmental streamlining of
project reviews for transportation projects. Emily
Wadhams, State Historic Preservation Officer, Vermont
Department of Housing and Community Affairs, testified
as the leading witness for the historic preservation
community.
Ms. Wadhams touted the successes of the enhancements
program under TEA-21 and encouraged its expansion during
reauthorization. She also advanced the idea of
earmarking DOT funding to support historic
preservation-related transportation planning and review,
particularly in the technology area, including improved
software for cultural resource data bases and Geographic
Information Systems (GIS) technology, to help the State
Historic Preservation Offices (SHPOs) carry out their
Section 106 responsibilities and also mitigate 4(f)
controversies. Ms. Wadhams pointed out that the State of
Florida is already using state-of-the art GIS technology
and an internet platform to help with planning
transportation projects.
More importantly, Wadhams noted that it was the
development of an in-depth Programmatic Agreement (PA)
between the Vermont SHPO and State Department of
Transportation that yielded better results in mitigating
adverse effects of transportation projects on cultural
resources in the State. By engaging the State DOT
earlier in the planning process, the PA creates the
opportunities for preservation officers to review
transportation projects without using extreme delay
tactics or measures. Emil Frankel, the assistant
secretary for transportation policy, testified in
support of this general concept by stating "because
major transportation projects are affected by dozens of
Federal, State and local environmental requirements
administered by a multitude of agencies, improved
interagency cooperation is critical to the success of
environmental streamlining."
To review Ms. Wadhams testimony in full, visit the
Senate Environment and Public Works web site at http://www.senate.gov/~epw/Wadhams_091902.htm.
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Legislative Updates
HBCUs Funding Reauthorization Passes House;
Landrieu Offers Alternative Bill in Senate
The House passed a bill (H.R. 1606) on September 24
authorizing 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 originally provided $29 million
for historic preservation restoration and rehabilitation
activities of historic structures located on HBCU
campuses, but which expired after FY'01. H.R. 1606
creates an open-ended funding authorization for HBCU
grants while also lowering the matching requirement
under the National Historic Preservation Act from 50% to
30% for such grantees.
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 the Clyburn
bill and its companion bill in the Senate, S. 2613,
which is sponsored by Sen. Joe Lieberman (D-CT).
In addition, Sen. Mary Landrieu (D-LA) introduced a
more specific alternative HBCU funding bill (S. 3002) on
September 25th that includes a set authorization of $60
million annually for HBCU grants and requires that at
least 15 grants be made each year under the program. In
addition, S. 3002 directs the Secretary to "act the
through the National Trust for Historic Preservation, to
conduct an assessment of all historic buildings and
structures located on HBCU campuses, including their
condition, the cost of restoration, renovation or
rehabilitation, and each institution's fiscal capacity
to complete the project."
At this point, it is unclear whether the Senate will
try to pass H.R. 1606 in the lame duck session or put it
on hold until next year to allow for a committee hearing
on the Landrieu proposal.
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Civil War Battlefields Protection Legislation
Passes House, Advances in Senate
A bill (H.R. 5125) authorizing matching grants for
protection of Civil War battlefields passed the House on
October 1 and was approved by the Energy and Natural
Resources Committee in the Senate on October 3.
Introduced by Rep. Gary Miller (R-CA), H.R. 5125 directs
the Secretary of the Interior to establish a program
under which the Secretary may provide grants to a State
or local unit government to pay the Federal share of the
cost of acquiring interests in eligible sites for the
preservation and protection of threatened and endangered
historic Civil War battlefields.
H.R. 5125 authorizes appropriations of up to $10
million for fiscal years 2004 through 2008 and requires
a 50% non-Federal match. These grants would be used to
act quickly and proactively to preserve and protect
nationally significant Civil War battlefields through
conservation easements and fee-simple purchases of
threatened lands from willing sellers. In addition,
grants could be used to help create partnerships among
State and local governments, regional entities, and the
private sector to preserve, conserve, and enhance
nationally significant Civil War battlefields.
The bill also permits an eligible entity to acquire
an interest in an eligible site using a grant in
partnership with a nonprofit organization. However, the
funding of this program would be subject to annual
appropriations and is neither guaranteed nor mandatory
spending, in spite of the fact that the severity and
types of threats to the remaining 384 Civil War
battlefield sites nationwide have greatly intensified in
the ten years from development pressures and urban
sprawl.
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Martin's Cove Land Transfer Act Facing Opposition
in Senate
A controversial land transfer bill (H.R 4103)
authorizing the sale of public lands from the Bureau of
Land Management (BLM) to the Church of Latter Day Saints
(LDS) has run into opposition in the Senate.
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.
The Wyoming congressional delegation has expressed
its concern about the precedent that would be set by the
sale and transfer of the land to a religious group and
if the LDS is the appropriate steward for other cultural
resources that are not related to the Mormon or western
migration, such as Native American sacred sites for
instance. For this reason, both Wyoming Senators - Craig
Thomas (R-WY) and Michael Enzi (R-WY) - have put a hold
on the bill to keep it from being considered on the
Senate floor.
The National Trust has stated for the record that
before a land sale/transfer of public lands takes place
to 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. The
National Trust also supports 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.
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Announcements
Kentucky Transportation Historic Preservation
Partnership Honored with Chafee Award for Outstanding
Achievement in Public Policy
The National Trust for Historic Preservation
officially presented the Kentucky Transportation
Historic Preservation Partnership with the John H.
Chafee Trustees' Award for Outstanding Achievement in
Public Policy at the National Preservation Conference in
Cleveland, OH, on October 10th. Accepting the award on
behalf of the Partnership were representatives of the
Kentucky Heritage Council and the Kentucky
Transportation Cabinet.
The Kentucky Transportation Historic Preservation
Partnership is a model state program and a pioneering
partnership that has used more than $55 million in
transportation enhancement program funds provided by the
federal ISTEA and TEA-21 legislation in the last ten
years to provide funding for targeted preservation
projects.
Crit Luallen, Secretary of Governor Paul Patton's
Executive Cabinet, also spoke at the Cleveland
conference's Advocacy Luncheon on October 10th and
discussed how Kentucky has built a strong political base
for historic preservation through this unique
partnership and successfully integrated historic
preservation and community revitalization with
transportation planning.
For copies of Ms. Luallen's speech, contact Dan
Costello in the Public Policy Department at Dan_Costello@nthp.org.
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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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