Mike Lee on National Historic Preservation Act: A Sprawling, Unpredictable Process

Evolution of the National Historic Preservation Act

• 📜 The National Historic Preservation Act (NHPA), enacted in 1966, was intended to ensure federal consideration for preserving America's historical artifacts with stakeholders.
• 🎯 Section 106 of the NHPA is purely procedural, requiring a process but not mandating a specific outcome, similar to NEPA.
• ⚠️ Over time, this procedural safeguard has evolved into a sprawling, unpredictable process that now delays necessary projects.

Challenges in Section 106 Consultation

• 🗺️ The consultation process within Section 106 has become a maze without a map, leaving agencies, developers, and preservation officers uncertain about boundaries and timelines.
• ⏳ This confusion leads to significant project delays, citing examples like the Royal Slope Solar Project (3 years behind), Bonanza Solar Project (nearly 3 years under construction), Cape Wind, Vineyard Wind, and the Great Lakes Tunnel Project (adding ~4 years).
• 💸 In Oregon, the Department of Forestry diverted planning funds to heritage surveys under Section 106, impacting wildfire work.

Broad Impact and Bipartisan Concerns

• 🌐 These issues affect projects across the country, regardless of political affiliation, including solar and wind projects supported by various parties.
• 🤝 The consultation process has become so broad and inconsistent that it hinders or blocks projects even with bipartisan support.

Utah's Approach to Balance

• 💡 Utah has demonstrated a way to recalibrate and achieve balance through its State Historic Preservation Office.
• 💻 By digitizing records and creating clear expectations, Utah allows for efficient consultation, protecting genuine historic sites while enabling timely progress on beneficial projects.

The Goal: Balancing Preservation and Progress

• ⚖️ The core issue is ensuring a law meant to safeguard heritage does not become an instrument of paralysis.
• 🏗️ Congress can preserve history without turning every permit into an archaeological expedition, allowing for wise building rather than preventing construction altogether.