State and local laws can play an important role in protecting historic and culturally significant places, planning for climate adaptation and mitigation at such places, harmonizing federal and state/local policy goals, and financially incentivizing historic preservation. They can also be written in ways that achieve the opposite outcomes.
The ACHP has been tasked by Congress with advising state and local legislators, and the general public, on pending laws that may affect historic preservation. The ACHP derives its authority to advise in this manner from the National Historic Preservation Act of 1966, which created the ACHP. This webpage clarifies how to request the ACHP advise on state and local bills and when the ACHP may choose to offer its views. The following Frequently Asked Questions provide guidance.
Frequently Asked Questions
- Pursuant to which specific statutory provision does the ACHP advise on state and local legislation?
- What factors does the ACHP consider in determining whether to advise?
- Who can make a request to the ACHP for its advice on pending legislation?
- How do I make a request to the ACHP for advice on pending legislation?
- What does it mean for legislation to have substantial positive or adverse effects on historic properties?
- What does it mean for legislation to advance or hinder an established ACHP policy or guidance goal?
- What does it mean for legislation to set a precedent for the treatment of historic properties that may be adopted by other states?
- What does it mean for legislation to attempt to interpret or change legal frameworks related to the National Historic Preservation Act or its implement regulations?
- What does it mean for legislation to present issues of concern to Indian Tribes or Native Hawaiian organizations, where such issues are related to federal preservation law or policy?
- What are some examples of the types of legislation that the ACHP might advise upon?
1. Pursuant to which specific statutory provision does the ACHP advise on state and local legislation?
The National Historic Preservation Act of 1966 grants the Advisory Council on Historic Preservation the power to advise State and local governments. See 54 U.S.C. § 304102(a)(4).
2. What factors does the ACHP consider in determining whether to advise?
The ACHP considers five primary criteria in determining when to advise.
- The legislation has substantial positive or adverse effects on historic properties.
- The legislation could advance or hinder an established ACHP policy or guidance goal.
- The legislation may set a precedent for the treatment of historic properties that may be adopted by other states.
- The legislation attempts to interpret or change legal frameworks related to the National Historic Preservation Act or its implementing regulations.
- The legislation presents issues of concern to Indian Tribes or Native Hawaiian organizations, where such issues are related to federal preservation law or policy.
Even if one or more of these criteria are met, the ACHP has no obligation to advise on any particular piece of proposed legislation. In many cases, advocates on the ground have special insights and can capably and effectively communicate those views without the ACHP’s participation – and, in some cases, ACHP involvement may be inappropriate or mistimed.
3. Who can make a request to the ACHP for its advice on pending legislation?
The ACHP will consider advising on pending legislation when asked to do so by one of the following individuals.
- Member of the ACHP or that member’s designee
- Member of Congress
- State legislator
- Senior state executive branch staff
- State Historic Preservation Officer or appropriate deputy
- Tribal Historic Preservation Officer or appropriate Tribal representative
- Representative of a local government (such as a mayor or other local elected official) or a local agency (such as a historic commission chair)
- Representative of a nonprofit organization with expertise in historic preservation and based in the geographic area in question.
4. How do I make a request to the ACHP for advice on pending legislation?
To make a request to the ACHP regarding pending legislation, please email achp@achp.gov. Include in your email (or attach) the following information.
- The location of the state or local government where the legislation is proposed
- Your role with regard to the proposed legislation (See FAQ #3: Who can make a request to the ACHP for their advice on pending legislation?)
- A description of the draft legislation under consideration
- The text of the draft legislation under consideration
5. What does it mean for legislation to have substantial positive or adverse effects on historic properties?
These impacts may include effects on: properties that possess a national level of significance or on properties that are of noteworthy importance or are a rare property type; large numbers of historic properties, such as impacts to historic properties throughout the state or local jurisdiction or to multiple properties within a historic district; or properties associated with marginalized or underserved communities.
6. What does it mean for legislation to advance or hinder an established ACHP policy or guidance goal?
These goals may be stated in the ACHP strategic plan, guidance documents, legislative priorities, or policy statements and have included topics such as workforce development, heritage tourism, climate change, burial sites, building a more inclusive preservation program, and supporting the participation of Indian Tribes in the national preservation program. Additional initiatives may be seen here.
7. What does it mean for legislation to set a precedent for the treatment of historic properties that may be adopted by other states?
Precedents may include proposals for innovative strategies that promote the preservation of historic properties, or, conversely, novel legislation inconsistent with the National Historic Preservation Act. Precedents may also include changes to established components of state or local preservation programs, such as designation, design review, demolition review, and economic hardship provisions, among others.
8. What does it mean for legislation to attempt to interpret or change legal frameworks related to the National Historic Preservation Act or its implement regulations?
These frameworks may include the relationships between State or Tribal Historic Preservation Offices and the federal government, the duties of State or Tribal Historic Preservation Offices or Certified Local Governments, the process under Section 106 of the National Historic Preservation Act (Section 106), or state-delegated authority related to Section 106.
9. What does it mean for legislation to present issues of concern to Indian Tribes or Native Hawaiian organizations, where such issues are related to federal preservation law or policy?
These issues of concern may include the identification or evaluation of, or assessment of effects on, historic properties to which an Indian Tribe or Native Hawaiian organization attaches religious and cultural significance; or the interpretation of Section 106 or preservation-related authorities, such as the Native American Graves Protection and Repatriation Act.
10. What are some examples of the types of legislation that the ACHP might advise upon?
Below is a non-inclusive list of some bill topics that might meet the criteria discussed above.
- Expand, create, diminish, or eliminate a rehabilitation tax credit program;
- Increase or provide funding to State or Tribal Historic Preservation Office(s), and/or programs affiliated with such office(s), or reduce or eliminate such funding;
- Increase or provide funding to preserve or rehabilitate a building, structure, object, site, or district, listed or eligible for listing on a register of historic places, or reduce or eliminate such funding;
- Increase or provide funding for a public or publicly-supported conservation or preservation easement program, or reduce or eliminate such a program or its funding; and/or
- Increase or provide funding for an existing education program focused on historic preservation or cultural heritage or authorize the creation of such a program, or reduce or eliminate such a program or its funding.