[MassHistPres] Proposed Rule Changes National Register of Historic Places

[Friedberg, Betsy (SEC)]

Hello masshistpres members,

The National Park Service is seeking public comment on proposed revisions<https://urldefense.proofpoint.com/v2/url?u=http-3A__r20.rs6.net_tn.jsp-3Ff-3D001irck9BZOhMRTuH-2Dxq0cQoxC8DQHdL4QVouhs0AycMoPQLBGby2-2DnNVXNGnoVUVYLlZSoOntZjzgmT3gocFB2GJWoiSTKr2dD2sDNi-5Fr6fxVFXhCV-2DVa8NXb5bXKYI8niKpEUqlRrOx9CN6luQDkjEC7kQRrxSaLfO2RUTY2YgkBvWvOOGJprFFCGcTEvNGs17A7en1E6fyXRkQmJI0l4ofW5YyGGNgN-5FIVQn482swifqSlZQEmLVSCNCniI7f3hW5Zlb4sMgzGlSVyFTBgwlL4Ox9SM-2DxL0i-26c-3DGUaYBYvlBbDzdzWsrhhwn3Zt0w2xXSKsQWMHtxXWW7n7qgVyMAFUOA-3D-3D-26ch-3DLXBoaduvDQECLjdpmViY-2DRE1gl5RnviM04lg6JIdNXZp-2D0DrdhnS-2Dg-3D-3D&d=DwMFaQ&c=lDF7oMaPKXpkYvev9V-fVahWL0QWnGCCAfCDz1Bns_w&r=DfNGaYNXvFPLFjLav-jmKRtJ9aFunE_MoeCKX-EdijU&m=6C--qkCtzlNZi4mp7CHgeTtokDT7gkVs3UynXlvIVMM&s=7EaCwN2FfyNzTjSOqLmsV8bkJuIzHwBLzylDBaVMu8A&e=> to National Historic Preservation Act (NHPA) regulations that would have a substantial impact on how properties are listed in the National Register of Historic Places. Several of the proposed rule changes go well beyond the intention of the NHPA.  The proposed rule would give federal agencies sole authority to identify or nominate historic properties on federal lands.  This would contradict current rules, under which State Historic Preservation Officers are required to weigh in on National Register nominations by federal agencies, and where SHPOs as well as communities can pursue nominations that include federal properties.

In addition, the proposed rule would change the rules regarding owner objection in nominations of National Register historic districts.  Presently, if the majority of private property owners object, a nomination cannot go forward.  But the proposed rule adds that a district cannot be listed if the owners of a majority of the land area object, even if the majority of owners support the nomination. This contradicts the democratic principles underpinning the National Register nomination process, and means that the concept of "one owner/one vote" would no longer apply.

Please consider commenting on the proposed changes, summarized in the attached Alert from the National Conference of State Historic Preservation Officers (NCSHPO). Public comments are due electronically by April 30, 2019.

To review the proposed rule changes and to submit comments, please see the link below:
http://www.regulations.gov
and search for the RIN(1024-AE49).

Thank you.

Betsy Friedberg
National Register Director
Massachusetts Historical Commission
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