PRESERVATION ACTION LEGISLATIVE UPDATE
 



LEGISLATIVE UPDATE
VOLUME 22, NUMBER 28
AUGUST 23, 2019

Bill Introduced in Senate Would Remove National Historic Preservation Act Protections from Federal Projects in Rural Areas

Before departing for the August recess, Sen. Marsha Blackburn (R-TN), Sen. David Perdue (R-GA), and Sen. Cindy Hyde-Smith (R-MS) introduced the the Paving the Way for Rural Communities of 2019 Act, S. 2430. The bill would remove federal requirements in the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and the National Historic Preservation Act from federally funded projects or activities in any area of the country that's not part of a metropolitan statistical area.

This bill threatens historic resources in rural communities by undermining the protections of the National Historic Preservation Act (NHPA), including Section 106. Section 106 of the NHPA requires Federal agencies to take into account the effects of their undertakings on historic properties, provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to comment, and consult with State and Tribal Historic Preservation Offices. This process allows for local input from states and local communities on the potential impact of federal projects. Side stepping this consultation would allow federal agencies to make unilateral decisions that could negatively impact a state, its residents and their historic resources.

S. 2430 was referred to the Senate Environment and Public Works Committee.
 
Preservation Action opposes this harmful and unnecessary legislation. Stay tuned to Preservation Action for more information as we continue to monitor this bill.
Federal Appeals Court Rules FCC Can't Bypass Environmental and Historical Review on 5G Cell Sites

Earlier this month the DC Circuit Court of Appeals ruled against the Federal Communications Commission (FCC) in their attempt to exempt the deployment of 5G cell sites from environmental impact and historic preservation reviews. The ruling stated that "the Commission failed to justify its confidence that small cell deployments pose little to no cognizable religious, cultural, or environmental risk."

The ruling comes after the FCC voted in March to exempt small 5G cell sites from the requirements of the National Environmental Policy Act and the National Historic Preservation Act. This attempt by the FCC to avoid the consultation process, required under the National Historic Preservation Act, would block local communities from having a voice in projects that could significantly impact their historical and cultural resources.

Several advocacy and environmental groups including the National Association of Tribal Historic Preservation Officers, the National Trust for Historic Preservation, and the National Resources Defense Council, among others, joined 19 tribes in challenging the order. These organizations celebrated the court ruling as a huge win.
California Moves Closer to Establishing a State Historic Tax Credit Program

Legislation to establish a Historic Tax Credit program in California continues to make it's way through the state legislature S. 451 passed the California state Senate in May with a 36-0 vote. Last month, the bill cleared the Assembly Revenue and Taxation committee with unanimous support. Now the bill is scheduled to be heard by the Assembly Appropriations Committee, before moving to the full Assembly.

S. 451 would create 20% tax credit on qualified rehabilitation expenses, with a 25% tax credit for specific types of adaptive reuse. Under the legislation, $50 million would be allocated annually for the program.

A previous attempt to establish a historic tax credit in California came up short in 2014, when previous Gov. Jerry Brown vetoed legislation that passed the state legislature with near unanimous support. If passed, California would join 36 other states that currently have a state historic tax credit program.

Preservation Action Foundation's Annual Auction Returns October 10th. Early Bird Prices End Sept. 1st!


Take advantage of the best prices and get your tickets by September 1st! Join us in the Gallery of Denver's Union Station for Preservation Action Foundation's Legendary Party and Live Auction on October 10th, immediately following the opening reception of PastForward 2019. The annual auction has long been a highlight for the Preservation Action Foundation and of the National Preservation Conference. 

Built in 1881, Union Station is a landmark of the Bonanza Years of Railroads in Colorado. Sip complimentary wine, Colorado beers, and specialty cocktails while enjoying a Southwest-style buffet. Greet old preservation friends and meet new ones at the reception preceding the Preservation Action Foundation's legendary live auction.

Early Bird Prices End September 1st!



This is our largest fundraiser of the year. Proceeds from the event are used to assist the education and training, advocacy, and programs of the Preservation Action Foundation.

Donate an Auction Item

Help support the auction, donate an auction item today.  We are currently seeking donations like hotel stays, tours of historic sites, tickets to special events and conferences, and other unique experiences. This is a great way to highlight your organization and your city/state to an active and interested group of people. Interested in donating an auction item? Check out our Auction donation packet for more information!


Preservation Action
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Preservation Action is the only national  non-profit dedicated exclusively to lobbying for the best preservation policies at the federal level. We seek to make historic preservation a national priority by advocating to all branches of government through a grassroots constituency empowered with information and training.