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As the Presidential election approaches, one thing is certain: we’re heading into a lame duck session of Congress before the conclusion of the 118th Congress.

Whether it’s a first Harris administration or a second Trump administration, the current political dynamics will shift and Congress will still have several must-pass legislative items to complete before the end of the legislative session.

On the annual funding front, the continuing resolution (CR) that avoided a government shutdown at the end of September and extends fiscal year (FY) 2024 enacted funding levels expires on December 20. Congress will have to finalize FY 2025 funding by that date or agree on another CR, further delaying the deadline. Critical funding for the Historic Preservation Fund (which includes SHPOs, THPOs, and competitive grant programs), and other funding streams for preservation-related programs, is at stake.

The National Defense Authorization Act (NDAA) will also need to be addressed before the end of the calendar year. Historic preservation can be connected to the NDAA through provisions that support the protection of historic sites and resources, particularly those related to military history or that might be affected by defense-related activities. The NDAA often includes funding or directives for the maintenance and preservation of military landmarks, bases, and structures that hold historical significance. Additionally, it can address issues like the impact of military construction on heritage sites and the importance of integrating preservation efforts into broader defense strategies.

Regardless of the election outcome, there are several key priorities that will shape the National Trust’s federal policy agenda going forward. These include:

• Strengthening the National Historic Preservation Act
• Promoting Historic Preservation as a Tool for Housing Creation and Sustainable Development
• Advancing Equity in Historic Preservation
• Expanding Public Education and Awareness

The Advisory Council on Historic Preservation (ACHP) is seeking public input on its proposed Program Comment on Accessible, Climate-Resilient, Connected Communities, with a deadline for written comments and inquiries of October 9.

The nation-wide Program Comment is aimed at streamlining Section 106 review processes for federal actions related to housing, climate-smart buildings, and climate-friendly transportation.

The program comment seeks to accelerate federal actions in rehabilitating existing housing, improving energy efficiency, and developing sustainable transportation infrastructure, while still ensuring adequate oversight of federal undertakings that could have an adverse effect on historic and cultural resources.

The National Trust is encouraging preservation stakeholders to review the draft program comment and offer input before the October 9 deadline. Read the full program comments and how to send feedback.

Previously, the National Trust and the National Preservation Partners Network (NPPN) released Issue Briefs on four key topics facing the preservation movement:

• Affordable housing and density
• Diversity, inclusion, and racial justice
• Preservation trades and workforce development
• Sustainability and climate action

Designed to highlight key challenges related to each topic and identify opportunities for solutions and new approaches, the Issue Briefs, and other resources are available on the new Preservation Priorities Task Force website (https://www.preservationpriorities.org).

The Issue Briefs were developed through the Preservation Priorities Task Force—a partnership between the National Trust for Historic Preservation and the National Preservation Partners Network. Formed in 2020, this two-year project is designed to support statewide and local organizations by providing new resources and grants to tackle these issues. The task force includes four working groups, one for each issue, plus a steering committee and a communications subcommittee. To date, more than 50 preservation practitioners have joined working groups, representing 23 states and dozens of organizations.

Not intended as comprehensive studies, the four Issue Briefs are designed to build mutual understanding, spark conversation, and inspire action. Preservation organizations and advocates are encouraged to use the Issue Briefs in any number of ways—as guides for discussions with community leaders and stakeholders, background for outreach to potential partners, support materials for fundraising efforts, and more.

The Preservation Priorities Task Force is supported by the Moe Family Fund for Statewide and Local Partners, which is providing grants for innovative demonstration projects related to the four priorities. The first round of grant recipients will be announced later this fall. The Preservation Fund for Eastern Massachusetts of the National Trust for Historic Preservation is supporting production of these Issue Briefs.

Infographics Available

The Preservation Priorities Task Force has released infographics on: affordable housing and density; diversity, inclusion, and racial justice; preservation trades and workforce development; and sustainability and climate action.

These graphics are meant for organizations and advocates to use as starting points for discussions with community leaders and stakeholders, quick overview of topics for outreach to potential partners, support materials for fundraising efforts, and more.

See and download the infographics on the PPTF website. A marketing kit is also available to learn how to use these and spread the word through your channels!

Today, July 23, 2024, the House of Representatives is considering the Department of the Interior, Environment, and Related Agencies Appropriations Act of 2025 (H.R. 8998) on the floor and a bipartisan amendment led by Representatives Adams (D-NC) and Fitzpatrick (R-PA) would secure the initial funding of $3 million for the National Park Service African American Burial Grounds Preservation Program. Your voice is critical for the preservation movement to achieve funding for this vital program.

Congress needs to hear from you TODAY about the importance of the African American Burial Grounds Preservation Program before a vote on the House floor.

Please join the National Trust in asking your House Representative to support the bipartisan Adams/Fitzpatrick/Beatty/McClellan/Williams/Raskin amendment:

1. To easily connect with House offices, call the Capitol Switchboard: 202-224-3121.
2. Introduce yourself as a constituent.
3. Explain to House offices:

"For many years, African American burial grounds across the nation have suffered from a state of disrepair or are inaccessible, and many remain undocumented.

These sacred places for tribute and memory are integral to the shared story of our American heritage.

Please support the African American Burial Grounds Preservation Program by supporting the bipartisan Adams/Fitzpatrick amendment for $3 million in the Interior, Environment, and Related Federal Agencies FY 2025 appropriations bill to enable the launch of this program.

Help us preserve more and preserve better!"

On June 28th, the U.S. Supreme Court issued a highly anticipated decision overturning the 40-year-old Chevron doctrine, which had previously required courts to be extremely deferential to federal agency decisions when interpreting statutes, based on the expertise of the administrative branch of government. As a result, courts will now be given a lot more leeway to overturn federal agency decisions, including regulations.

While there has been much anxiety about the potential implications of this decision by the Supreme Court, federal historic preservation law is likely to be less threatened than other arenas, for several reasons.

First, the regulations implementing Section 106 of the National Historic Preservation Act have been specifically upheld by the courts, and the new Supreme Court decision states, “we do not call into question prior cases” that upheld agency actions and regulations.

Second, the new Supreme Court decision states that, “when a particular statute delegates authority to an agency . . . , courts must respect the delegation . . .” In the case of Section 106, Congress has specifically directed the Advisory Council on Historic Preservation to “promulgate regulations as it considers necessary to govern the implementation of section [106] in its entirety.” [54 U.S.C. § 304108(a).

Third, it is important to keep in mind that historic preservation advocates are often in the position of challenging federal agency decisions, and urging courts to be less deferential to agencies whose decisions are inconsistent with the Section 106 regulations. We have also successfully challenged regulations themselves on occasion, including surface mining regulations, FCC regulations, and the Army Corps of Engineers’ notorious Appendix C regulations (recently revoked by the Corps, after a number of court decisions declaring them unlawful).

The National Trust will be featuring this important topic at our upcoming conference on historic preservation law on September 12, and we encourage you to register for the conference.

Meanwhile, we are conferring with our partners to determine the most effective course of action going forward and will keep our colleagues and partners informed along the way. We remain fully committed to ensuring that preservation laws are there to benefit future generations.