The Department of the Interior is in the process of rewriting the regulations governing nominations to the National Historic Register. Their proposed changes would favor large landowners, like mining companies, at the expense of individual residents.
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The Council on Environmental Quality has rewritten the regulations governing implementation of the National Environmental Policy Act. The changes could imperil consideration of cultural resources.
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President Trump issued Executive Orders shrinking the size of Bears Ear National Monument and Grand Staircase-Escalante National Monument. He also issued an Executive Order to weaken the protections at Northeast Canyons and Seamounts Marine National Monument. Rescinding the protections afforded by national monument status threatens natural and cultural resources at the monuments.
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The Historic Preservation Fund (HPF) funds America’s key historic preservation programs, including State and Tribal Historic Preservation Offices, competitive grant programs, and disaster recovery grants. It is authorized to receive $150 million each year. The monies come from offshore leases, not from taxpayer dollars. Congress has never provided the full amount.
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Climate change, including rising sea levels and the resulting migration, poses an imminent threat to many archaeological and historic sites.
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When Members of Congress introduce bills to speed federal permitting, they often focus on instituting time limits on reviews and page limits on reports. These arbitrary limits can fail to recognize the unique nature of each project and artificially constrain the alternatives that merit consideration and the ability of the public to offer informed reviews and comments.
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The U.S. Army Corps of Engineers (USACE) uses Appendix C procedures which were never approved as a counterpart regulation by the Advisory Council on Historic Preservation. The procedures have been applied inconsistently across the country and have left the USACE vulnerable to litigation.
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Tribal consultation procedures vary widely between federal agencies. Lack of a consistent standard leaves project proponents uncertain about when the consultation requirement has been completed.
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