Action Alert: Proposed Rule Changes to National Register Pose Serious Threat

Amending the process for National Register Nominations

As it stands now, a majority of private property owners within the proposed district can defeat the nomination by filing objections. Under the new rule, however, the owners of “a majority of the land area” within the proposed district would be needed to defeat the nomination. This means that the democratic principle of one person, one vote would be contradicted, allowing those who own the most property to control the vote and not the majority of property owners.

Amending the Role of Federal Agencies in National Register Nominations

The changes would establish a de-facto pocket veto for federal agencies desiring to block nomination significant historic places. The changes would designate federal agencies as the only channels for any National Register nomination of federal property. Therefore, if an agency were to oppose a designation, it could prevent the National Register nomination from moving forward by choosing not to act.

This new ability of federal agencies being able to essentially veto National Register nominations under the new rule would extend to determining National Register eligibility as well, severely impacting the Section 106 process, which applies when federal activities could negatively impact historic properties either listed on or eligible to be listed on the National Register.

Harmful Impacts to Use of the Historic Tax Credit

The proposed changes would ultimately restrict the availability of the Historic Tax Credit to revitalize neighborhoods. To use the Historic Tax Credit, the property must be listed on the National Register of Historic Places. If a minority of property owners who owned a “majority of the land area” in a proposed historic district were to be able to block its National Register listing, all property owners would be prevented from taking advantage of the Historic Tax Credit, one of the most effective and important incentives for private investment community revitalization and preservation.

Proposed Changes Done Without Any Tribal Consultation

Along with the worrisome policies, these rule changes were also proposed without any meaningful tribal consultation even though the new rules would significantly impact tribal cultural sites on public and private lands. Additionally, no other federal agencies or State Historic Preservation Offices were consulted before the changes were proposed.