Submit Comments by April 30th Opposing Proposed Rule Changes to National Register of Historic Places 

WHAT

Proposed revisions to the National Register of Historic Places would substantially impact how historic resources are nominated to the National Register of Historic Places and determined eligible.

The National Park Service is accepting public comments on the proposed changes through April 30.

The changes would allow federal agencies to block National Register nominations.

They would restrict the availability of historic tax credits and give large land owners an outweighed ability to block historic district nominations.

While the stated intent of the proposed rule changes is to bring regulations current with recent amendments to the National Historic Preservation Act (NHPA), the proposed revisions clearly go far beyond that purpose and are inconsistent with the language in and intent of the NHPA.

 IMPACT OF REVISIONS

  • 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.

HOW TO TAKE ACTION

SUBMIT TESTIMONY OPPOSING PROPOSED RULE CHANGES.

To Submit an Electronic Comment CLICK HERE

CLICK HERE to read Historic Hawai‘i Foundation’s testimony opposing the rule change.

Photo at top: Bishop Bank Building, 1878, part of Merchant Street Historic District. Listed on the National Register of Historic Places, the district occupies four square blocks in downtown Honolulu and was once the main street of the financial and governmental part of the city.  

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Mahalo for taking action to preserve historic places!