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Congress concluded its legislative activities before the December 20th government funding deadline in dramatic fashion as efforts to extend funding came down to the wire.

Washington received a preview of the funding challenges to come when President-elect Trump objected to the proposed funding package negotiated by the Republican-controlled House and the Democrat-controlled Senate.

House and Senate leaders then quickly negotiated a smaller funding package to avert a government shutdown and fund the government through March 14, 2025. The funding package extends government funding at fiscal year 2025 levels, provides important aid to the nation’s farmers, and extends Farm Bill authorizations for another year.

Amid the challenging political debate around government funding, there is positive news for historic preservation.

As part of the disaster assistance package, there was bipartisan agreement about providing $50 million in supplemental disaster assistance funding through the Historic Preservation Fund (HPF).

In early December, the National Trust and preservation partners led a letter to House and Senate leadership (PDF) urging funding to support historic resources damaged by natural disasters.

This supplemental HPF funding recognizes the important role historic preservation plays in strengthening community resilience and maintaining cultural heritage.

In the coming weeks, Washington will transition to a new Administration and Congress. Historic preservation advocates will have a renewed opportunity to demonstrate how historic preservation addresses critical national priorities like the ability to promote economic development, enhance national identity, advance sustainable development, and foster cultural engagement.

Ahead of the nation’s 250th Anniversary, advocates will be called to support the National Historic Preservation Act and demonstrate how historic preservation is solutions-oriented, creates jobs, and leads to community revitalization.

Educating policymakers about the ways the preservation movement recognizes and honors our diverse cultural heritage is a critical policy objective as the nation reflects on our past and charts our future.

Advocates are encouraged to share their preservation success stories which would not be possible without robust preservation policies in place. How has your community benefitted from the more than $180 million in grant funding appropriated from the Historic Preservation Fund? How are historic tax credits helping spur revitalization efforts in your community? How have legislative efforts to preserve your community’s history enhanced our learning and understanding?

The National Trust’s Government Relations team looks forward to providing the preservation community with detailed policy updates each month through our newsletter, and we will continue our collaboration with Preservation Forum to address critical issues through our webinar series and written commentary.

As we begin the new year, our focus remains on fostering collaboration and ensuring that historic preservation priorities are front and center amidst the evolving political landscape. The coming months will be pivotal, and we look forward to working with our allies to maximize these opportunities and protect our shared history

Looking to the new year and the nation’s Semiquincentennial the following year, our shared mission of protecting and celebrating our nation’s historic resources remains as important as ever.

With the 2024 election behind us and political change on the horizon, we have important work to do in the days ahead.

As the President-elect assumes office and a new Congress takes shape, policy makers need to hear how protecting the stories of the past provide the foundation for future generations to understand and value their heritage.

With Republicans controlling the House, Senate, and White House, we anticipate a streamlined legislative process where bills are likely to move more swiftly through both chambers and onto the President’s desk.

We have always maintained strong bipartisan relationships in Washington and despite different policy priorities on certain issues, we are prepared to navigate this landscape and advocate for the preservation programs and funding levels that sustain and strengthen our shared mission.

In addition to saving historic structures, preservation fosters a sense of community, promotes economic opportunity, upholds sustainable development, and connects people to the stories that shape their identities.

Preservationists are driven by a passion for the work, whether through advocacy, hands-on restoration, or raising awareness. Your commitment is invaluable and inspiring.

We will look to the preservation community to join us in the coming weeks and months to advocate for historic preservation and to remain steadfast in protecting the places that connect us to our history and inspire our future.

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

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!

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.