Trump Administration’s Proposed Changes to Historic Preservation Law Sparks Debate
Amid ongoing debates about development and preservation, the Trump administration is proposing changes to the National Historic Preservation Act that could significantly impact the protection of historic sites across the United States. Central to this proposal is the reduction of federal oversight over construction projects, particularly those affecting historic places.
This move has been met with criticism from preservation advocates who argue that it could threaten the integrity of numerous culturally significant locations. Greg Werkheiser, founding partner at Cultural Heritage Partners, expressed concern, saying, “Every American who has any place in their heart that is historic or culturally significant to them should be concerned about this attempt to gut historic preservation protections.”
The National Register of Historic Places protects over 100,000 properties, including a diverse array of buildings, landscapes, and sites. These changes could alter the protection these sites currently enjoy under federal law. “It’s the thing that defines America,” Werkheiser said, highlighting the significance of these locations to American heritage.
Under the current Section 106 of the National Historic Preservation Act, federal agencies must assess how new projects might affect historic sites. The Advisory Council on Historic Preservation, which oversees this process, is now dominated by Trump-appointed members. Sara Bronin, former chair of the council, noted, “Because President Trump controls 21 of the 24 members of the Advisory Council on Historic Preservation, it’s very likely that they will proceed with doing what the administration wants for them to do.”
Proposed changes include making public comments optional and removing the requirement to consult with Native American tribes. This has raised concerns about transparency and community involvement in decisions affecting historic resources.
“What it means is that the federal government, in its own discretion, can decide whether — if ever — to tell an American community that it’s about to do a major project that could harm or destroy a historic resource,” Werkheiser warned. The public’s exclusion from these discussions is a significant concern for many.
The Advisory Council on Historic Preservation sent a request for council members to vote on these revisions, with a deadline of one week. The proposed changes will have to go through a federal rulemaking process, including a public comment period, before they can be implemented.
Elizabeth Merrit from the National Trust for Historic Preservation criticized the changes in an open letter, stating they would “likely cause widespread chaos and confusion” and undermine the consultation process that has benefited numerous projects.
As debates continue, both Werkheiser and Bronin urge the public to voice their opinions during the public comment period and reach out to legislators. Bronin emphasized the bipartisan nature of historic preservation, stating, “I think that the public comment on the regulations will really help to send a powerful message that we care about our historic places and we don’t want them to be destroyed.”
The situation remains fluid, and Congress may intervene, potentially enacting legislation to reinforce Section 106 protections. Democrats on the Senate Natural Resources Committee have already voiced their opposition to the proposed changes, urging a reconsideration that involves direct collaboration with Tribes and states.
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