The Trump administration has introduced significant changes that could undermine the preservation of historic landmarks in the United States. In a recent move, the federal historic preservation agency decided to revamp its regulations. This decision contradicts the agency’s congressional mandate to protect historic sites across the nation.
These regulatory changes will impact communities everywhere. I am intimately familiar with this subject, having been the last Senate-confirmed chair of the Advisory Council on Historic Preservation. I am currently developing the National Preservation Atlas, the first public interactive map of historic sites. It is distressing to consider the potential loss due to this single administrative decision.
The Advisory Council on Historic Preservation manages Section 106 of the National Historic Preservation Act. This regulation processes around 120,000 federal undertakings each year, whether they involve construction, funding private projects, or permitting natural resource extraction from federal land. It ensures agencies consider the impacts on sites listed or eligible for the National Register of Historic Places.
Under the proposed rules, protections would narrow considerably. This change would allow the administration to approve projects like surface mining and fossil-fuel infrastructure more easily. The rule revision defines protected sites as “geographically compact,” potentially excluding many archaeological sites, cultural landscapes, and areas significant to Native American tribes, as well as Native Hawaiians and Alaska Natives.
For example, this could lead to developments, like pipelines, being constructed across hallowed grounds such as Gettysburg Battlefield. Moreover, many actions currently reviewed under Section 106 would be exempt, including those by state and local governments. This could open the door to federally funded projects like highway and road expansions proceeding unchecked.
Not only do these changes exempt projects from review, but they also diminish what constitutes harm. Audible, visual, and environmental impacts will be ignored. For instance, noise from Trump’s planned arch construction will disrupt Arlington National Cemetery, affecting grieving military families for years. The arch’s massive structure would also obstruct views that connect the cemetery to D.C.’s monuments.
The proposal undermines Section 106’s core strengths: mandatory consultation with stakeholders such as Indian Tribes, state preservation offices, and local officials. Previously, this consultation facilitated time and cost savings, guiding agencies to redesign or reroute projects to preserve historic sites. Under the new rules, agencies might disregard all but a few consulting parties, consulting only after plans are nearly finalized. This marginalizes Indian Tribes and contravenes their sovereign rights.
This regulatory overhaul is a disproportionate response to issues like delays. More effective methods exist to improve processing times. For instance, during my tenure as council chair, we reformed the Section 106 processes to streamline conversions of historic structures to housing and energy-efficient use. We also exempted certain federally funded restorations led by Native Hawaiians.
The current proposal is the opposite, facilitating expedited approval for potentially destructive projects that threaten vulnerable historic sites. As these regulations open for public comment, it’s crucial for advocates of historic preservation to voice their concerns. Utilizing resources like the National Preservation Atlas can help identify and articulate the risks.
Public comments might not prevent these rules from being enacted, but they can lay the groundwork for legal challenges by organizations such as the National Trust for Historic Preservation. As the nation approaches its 250th anniversary, we must not turn away from preserving our past.
Sara C. Bronin is the Freda H. Alverson Professor of Law at George Washington University, founder of the National Preservation Atlas, and former chair of the Advisory Council on Historic Preservation.