Governmental Affairs Update

Hi ya’ll,
The CTA Governmental Affairs Committee presented information at the fall meeting last week on a number of issues for which there is additional information online. The committee is providing the following links for membership review to keep you appraised.

Federal plans/actions:
· There is an interesting look at this year’s presidential candidates and leanings on historic preservation at http://www.huffingtonpost.com/greg-werkheiser/in-a-historic-election-wh_b_9548564.html.

· This year marks the anniversary of the establishment of the National Historic Preservation Act. Signed by Lyndon B. Johnson on October 15, 1966. Go to http://preservation50.org/ to see Preservation50’s five goals is to educate policymakers about the impacts of the National Historic Preservation Act.

· USACE fallout from the Dakota Access Pipeline-If any of you have been following the federal court decisions/appeals on this, you know that there are potential overarching effects to the pipeline permitting process by USACE, particularly tribal consultation. Not to rehash the whole story here but the federal court opinion, issued September 9, 2016, presents a very interesting review of the permitting process, how this case navigated it, and the court’s view of it (Standing Rock Sioux Tribe et al. vs US Army Corps of Engineers, Civil Action No. 16-1534 [JEB]). You can view the full court opinion at http://earthjustice.org/sites/default/files/files/order-denying-PI.pdf.

The same day the Department of Justice, the Department of the Army and the Department of the Interior issued a joint statement regarding the opinion which featured the following statement:

“…this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.”

The full statement is posted at: https://www.justice.gov/opa/pr/joint-statement-department-justice-department-army-and-department-interior-regarding-standing.

September 13, 2016 SAA issued a statement as well- http://saa.org/Portals/0/SAA/GovernmentAffairs/DAPL_LETTER.pdf. Very interesting read.

September 28, 2016 the American Cultural Resources Association, a national trade organization for the CRM industry, issued a statement as well- http://www.acra-crm.org/page-18082.

October 11, 2016 the first of seven scheduled formal Tribal Consultation meetings began, which will continue through the end of November at various places around the country. Transcripts of these meetings as well as a copy of the framing paper issued by the Principal Deputy Assistant Secretary-Indian Affairs, Director of the Office of Tribal Justice, and Assistant Secretary of the Army (Civil Works) on behalf of the Department of the Interior, Department of Justice, Department of the Army, and other federal agencies can be found at http://www.bia.gov/WhoWeAre/AS-IA/ORM/TribalInput/index.htm.

· 1st amendment to the 2001 PA for Collocation of Wireless Antennas between the FCC, state SHPOs, and ACHP was issued August 3, 2016-See the revised PA at http://www.achp.gov/fccamendment2016.html.

· ACHP rolls out new guidance on Protecting Sensitive Information about Historic Properties- Issued August 16, 2016. Referencing Section 304 of the NHPA, this mostly applies to federal agency review. The guidance is available for viewing at http://www.achp.gov/304guidance.html.

State plans/actions:
· First day of regular legislative session is January 10, 2017. Bill pre-filing begins November 14 and the 60-day bill filing deadline is March 10. See http://www.legis.state.tx.us/MnuMyTLO.aspx
to set up your account for tracking bills and creating alerts.

Andrea Stahman Burden

Leave a Reply

Your email address will not be published. Required fields are marked *