An advisory council stacked with President Trump’s allies voted to relax a 60-year-old historic preservation law, paving the way for federal projects that could harm historic sites across the country.
Transcript
AYESHA RASCOE, HOST:
Allies of President Trump voted to weaken protections for historic sites by making it easier for the government to build near them. That could help pave the way for controversial projects like Trump’s proposed 250-foot arch in Washington, D.C. Experts say any change would have consequences across the country. Here to talk about this is NPR’s Rachel Treisman. Thanks for joining us.
RACHEL TREISMAN, BYLINE: Hey, Ayesha. Thanks for having me.
RASCOE: Tell us about federal construction near historic sites. Like, how does it normally work?
TREISMAN: Well, for the past exactly 60 years, the National Historic Preservation Act has governed how we protect historic sites. And keep in mind, those can really range from a building to a neighborhood, from an entire landscape to a single important tree. And all federal projects near any of those historic sites have to go through a very thorough review process. It’s called Section 106 after that part of the law. Basically, federal agencies have to stop and ask, is what we’re about to do potentially going to harm a historic site, and if so, how can we avoid that? And as part of that process, they consult with third parties like local governments, tribes and preservation groups.
RASCOE: So who wants to change this?
TREISMAN: The federal body that oversees this review process is the Advisory Council on Historic Preservation, and right now it’s made up mostly of Trump allies. Its acting chair gave members a week to vote by email on rewording Section 106, and they voted in favor of changing the language on Friday. That outcome was widely expected. I talked to Sara Bronin, who led this council under President Biden on Thursday, and she told me about the political makeup of the panel now.
SARA BRONIN: Because President Trump has such a power over 21 of the 24 members, it’s very likely that this proposal will be enacted.
TREISMAN: Now, the White House and Department of the Interior haven’t gotten back to us about the proposal, but we did see the council’s internal memo about this, and it says it wants to change the process because it currently creates confusion and delays.
RASCOE: So now this proposal is one step closer to becoming law. What exactly would it change?
TREISMAN: Experts say this could totally reshape Section 106 and potentially result in historic places being lost forever. It would narrow the definition of what we consider a historic property in the first place. So one group says under the new language, the Grand Canyon wouldn’t be considered a protected historic site. It would also redefine what constitutes harm, and it would remove requirements to do things like consult with tribal nations and solicit public comment in general. Greg Werkheiser from the law firm Cultural Heritage Partners says this should concern every American regardless of their politics.
GREG WERKHEISER: The public will be completely cut out of any conversation around the future of places that matter to them in this country.
RASCOE: What would this mean for the projects that Trump wants to build in D.C., like the arch?
TREISMAN: I’ve listened to a lot of meetings about this proposed arch near Arlington National Cemetery, and at every single one, historic preservation experts say it can’t move forward until it clears Section 106. And these changes would likely make that much easier. But again, experts stress that this is about so much more than just construction in D.C. Every state would be affected, but not right away. There’s still a few more steps in the process before these changes could take effect, and that includes a 30-day public comment period. And Werkheiser says to expect legal challenges. There’s a huge coalition of nonprofits and advocacy groups that say they will fight this.
RASCOE: That’s NPR’s Rachel Treisman. Thank you so much.
TREISMAN: Thank you.
(SOUNDBITE OF BRUCE COCKBURN’S “TRAIN IN THE RAIN”)
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