Join Restore Oregon in opposing this harmful and unfair proposal. Submit comments to the Office of the Federal Register by April 30.
Restore Oregon is joining Preservation Action, the National Trust for Historic Preservation, and scores of state and local preservation partners in strongly opposing proposed revisions to the National Register of Historic Places.
The National Park Service, who administers the National Register, is seeking public comment and we invite you to join us in submitting your comments in opposition by April 30th.
The national advocacy organization, Preservation Action, has provided a helpful summary of how these changes would harm local communities and offers a sample letter you can customize:
7 Ways the Proposed Revisions Would Negatively Impact Your Community:
- Federal historic properties. Federal agencies will be given total control of whether to nominate properties under their jurisdiction, meaning federally owned historic properties may no longer be added to the National Register of Historic Places.
- Federal ownership in a historic district. A historic district nomination can be blocked if only one property in the entire district is owned by the US Government and the agency that owns the property objects to listing.
- Property owner objections. Owners of large properties will be given an outweighed ability to block the listing of historic districts or other nominations to the National Register. Under the proposed revisions, objections to National Register listings will be based on the ownership of a majority of the land area in addition to the current counting of one private owner, one vote. There is no statutory authority to make this change and any such change would place a near impossible burden on State Historic Preservation Officers to implement.
- Historic Tax Credit Projects. The vast majority of federal historic tax credit projects are in National Register historic districts. Changing the rules for owner objections to nominations will jeopardize the listing of new historic districts, and thus restrict the use of historic tax credits.
- Section 106. Determinations of eligibility for listing in the National Register are the primary vehicle for considering whether a property is worthy of consideration under Section 106 of the National Historic Preservation Act. The federal agency, not the Keeper of the National Register, will have the final say on the eligibility of a property under its jurisdiction, thereby thwarting consultation on a project.
- Appeal Process. By law, any person or local government has the right to appeal the failure of a nominating authority to nominate a property to the National Register. That right will disappear if the property is a federally owned and the agency objects.
- Consultation with Affected Parties. The proposed revisions falsely claim there would be no impact on federally recognized Indian tribes even though the changes would have a substantial effect on the recognition and consideration of historic places they value, which is contrary to the requirement to consult with tribes. Additionally, the revisions fail to consider potential concerns of State Historic Preservation Officers or others involved in historic preservation who would be drastically impacted and forced to adhere to these new rules.
Sample Comment from Preservation Action:
“I appreciate the opportunity to comment on the proposed rule changes regarding nominations to the National Register of Historic Places. The revisions proposed by the National Park Service are inconsistent with the language in and intent of the National Historic Preservation Act (NHPA) and would have a devastating impact on the ability of properties to be listed on the National Register of Historic Places. The rules were drafted without tribal consultation and failed to consider potential concerns of other affected parties. I write to strongly object to the proposed changes.
Some of the most concerning changes deal with how federal properties are recognized as historic places. The proposed rule would allow federal agencies to effectively block a historic property from being listed on the National Register. Furthermore, the changes would revoke the right of any person or local government to appeal the failure of a nominating authority to nominate a property, if that property is federally owned. Federal properties are often critical to the character of cities and towns across the country. The proposed changes restrict local control of communities to determine the future of their federally owned historic assets and would result in fewer federal properties being added to the National Register.
The Federal Rehabilitation Tax Credit is a proven preservation and community revitalization tool, which is only available to properties individually listed to the National Register of Historic Places or as part of a historic district. The proposed rules would allow federal agencies owning a property in a proposed historic district to object to the historic district nomination and prevent its listing, limiting the ability of properties to take advantage of these vital tax incentives.
Historic district nominations would be further restricted by giving large property owners an outweighed ability to block nominations to the National Register. Currently, a majority of property owners can object to a historic district nomination. The proposed rules would give State Historic Preservation Officers the near impossible burden of factoring a property owners percentage of total land area in addition to the current process of one private property owner, one vote. There is no statutory authority to make this change.
The rule as proposed in docket #NPS-2019-0001 would dramatically impact the ability of properties to be listed on the National Register of Historic Places. I strongly urge you to reconsider these changes.”
How to Take Action:
- Review the sample comment above and make it your own. Include local examples of how the proposed changes would impact preservation in your community and Oregon.
- Submit comments to the National Park Service before April 30, 2019.
- Share this post on social media with hashtag #hpadvocacy.