Trump Administration Moves to Rewrite Historic Preservation Rules

The Advisory Council on Historic Preservation (ACHP) is set to vote on amendments to the regulations that carry out Section 106 of the National Historic Preservation Act. The changes would cut public-comment requirements, give agencies greater authority to approve construction, replace the “avoid, minimize or mitigate” standard with “reasonable mitigation measures,” and eliminate many consultation obligations with Native American groups. An internal email to ACHP members asks that votes be submitted by July 24.

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Enacted in 1966, the National Historic Preservation Act protects historic and archaeological sites across the United States. Section 106 obligates federal agencies to assess the impact of their projects on such properties. Legal challenges have repeatedly invoked this provision for projects championed by President Donald Trump, including a proposed “triumphal arch,” a plan to rename the Kennedy Center, renovations to the Lincoln Memorial Reflecting Pool, and a bid to take over the public golf course at East Potomac Park.

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The White House and the Department of the Interior have not responded to requests for comment on the proposed rule changes.

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Preservation advocates argue the revisions would dramatically weaken Section 106. Charles Birnbaum of the Cultural Landscape Foundation and Rebecca Miller, executive director of the DC Preservation League, have both sued the administration over related projects and contend the changes amount to a “complete gutting” of the historic-preservation review process.

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• “On a scale of 1 to 10, it’s a 12 — it’s really shocking,” — Charles Birnbaum

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• “Moving forward, it would give them free rein to do whatever they wanted to do,” — Rebecca Miller, executive director of the DC Preservation League

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• “While staff have not provided a summary of this proposed action, members will be given the opportunity to discuss and ask questions before the deadline for final vote,” — ACHP Vice Chairman Travis

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