PRESERVATION  ADVOCATE  NEWS
October 27, 2000	Vol. 10

The end of the 106th Congress is almost in sight as legislators struggle to
complete the remaining appropriations, tax and budget reconciliation bills
before adjourning for the year and the November 7th election.  Congress has passed a series of short-term continuing resolutions (CRs) to keep the
government operating since the start of the new fiscal year on October 1st.  

The slow pace of the negotiations on a variety of policy issues has led to
partisan accusations and wrangling from both Republicans and Democrats, with each side blaming the other for the legislative logjam.

In spite of the election-year rancor, the 106th Congress will adjourn with a record of major historic preservation successes that include:
 

• Progress in advancing for  a historic homeownership tax credit bill (H.R 1172) with a record number of sponsors (226) in the House and 39 sponsors for the Senate bill (S. 664), as well as inclusion of the homeownership tax credit in both Democratic and Republican community renewal tax bills;
• A major funding increase for historic preservation in a modified Lands Legacy program within the ’01 Department of Interior Appropriations bill;
• Defeat of property rights and takings bills that threatened local zoning and land use;
• Defeat of bills that threatened the President’s authority to designate national monuments under the Antiquities Act of 1906;
• Defeat of legislation that would have limited the United States’ participation in the World Heritage Sites program;
• Inclusion of funding for a new historic covered bridges program under the ‘01 Department of Transportation Appropriations bill; and
• Passage of bills protecting major historic sites associated with women’s rights (Hunt House),  the World War II home front effort (Rosie the Riveter-WWII National Historical Park),  and the stewardship of historic lighthouses.

HISTORIC HOMEOWNERSHIP TAX CREDIT DROPPED FROM OMNIBUS TAX PACKAGE

Preservationists came tantalizingly close to passage of a historic homeowners tax credit in the omnibus tax package formulated in the closing weeks of the 106th Congress.  However, negotiations between the key players on the tax-writing committees resulted in the tax credit being dropped from the final package.

The National Trust and preservationists were initially successful in having
the 20 percent historic homeowners tax credit included in Senate Finance
Committee chairman Bill Roth’s (R-DE) community renewal bill (S. 3152).  However, negotiations between Roth and House Ways and Means chairman Bill Archer (R-TX) reconfirmed Archer’s long-standing objection to new tax credits.  Proposals to convert the credit to a deduction were rejected by the National Trust.  A tax deduction is less progressive than a credit and thus, not an adequate incentive for middle- and low-income families. The National Trust made a fervent, but unsuccessful, effort to convince Archer to change his position on the homeownership credit during the negotiations on the tax package.

Preservationists should be encouraged at having secured a majority (226) of House sponsors and a near majority (39 sponsors) in the Senate for the original legislation (H.R. 1172/S. 664).   The prospects for passage of the historic homeownership tax credit in the next Congress are unclear.  The outcome of the November elections and which party controls the White House and Congress will play a major role in determining a tax strategy for next year.  The National Trust thanks all preservation advocates for their unflagging support and patience in winning over and educating their Members of Congress about the value of a tax credit for historic home rehabilitation.  Because of this effort, we have a strong base upon which to build for passing a tax credit in the next Congress.

MAJOR FUNDING BOOST APPROVED FOR HISTORIC PRESERVATION IN ’01 INTERIOR APPROPRIATIONS BILL …Interior Bill Conference Panel Approves Modified Lands
Legacy Proposal as Alternative to CARA bill; Third Year of Funding for “Save America’s Treasures” Program Secured!

A House-Senate conference committee on the fiscal year 2001 Interior
Appropriations Bill adopted an amendment by Rep. Norm Dicks (D-WA) on September 29 that will significantly boost spending for land acquisition, conservation, urban parks and historic preservation.  The Dicks’ amendment creates a new Land Conservation, Preservation and Infrastructure Improvement (LCPI) Program (Title VIII)  within the Interior bill which builds upon the Clinton Administration’s Lands Legacy Initiative.  LCPI will provide $1.6 billion in 2001 and gradually increase funding up to $2.4 billion in 2006 to fund land conservation, preservation and maintenance.  The LCPI program was drafted as an alternative to
H.R. 701, the “Conservation and Reinvestment Act of 2000” (CARA), which had proposed permanent funding of $150 million annually for the Historic Preservation Fund (HPF) through 2015.  The CARA bill had passed the House and was approved by the Energy and Natural Resources Committee, but never reached final consideration in the Senate.

Under the LCPI proposal, historic preservation will compete with three other programs – Urban Parks Restoration and Recovery, Youth Conservation Corps, and Urban and Community Forestry – for $160 million in annual funding for the next six years under a new Urban and Historic Preservation budget category.  Although this funding will be set aside automatically, it is not guaranteed and will be distributed annually among programs by appropriators based on need and performance.  Unobligated balances within program accounts will carry forward to the next fiscal year.

Historic preservation will receive a total of $94.287 million* in fiscal year
‘01, including increases of $12 million for the states and $3 million tribes
from the LCPI program.  In conjunction with funding from the HPF, totals for the states will rise to $46.598 million and $5.572 million for tribal preservation programs.  Historically Black Colleges and Universities (HBCUs) will receive $7.117 million* and the Save America’s Treasures (SAT) program will be funded for a third year at $35 million*, a $5 million increase over FY’00.   Bobbie Greene, Director of the Save America’s Treasures program at the National Trust, called the SAT funding a “real shot in the arm” and noted that more than half of the earmarked projects are new sites which would be “grandfathered in” as official Save America’s Treasures projects.
--------------------------------------
* Net change/increase for preservation funding in FY’01 is $19.494 million

* No additional funding for HBCU’s provided after ’01 from HPF or LCPI.

* $20 million of the Save America’s Treasures program funding is earmarked for
48 specific preservation projects in 26 states (see below). The remaining $15
million will be allocated following a review process.
----------------------------------------
The Interior bill was signed into law (P.L. 106-291) by the President on October 1.

FY2001 Save America’s Treasures Award Recipients by State
(earmarked funding)

(These funds are subject to a 50% percent cost share, and no single project may receive more than one grant from the SAT program.)

Alabama: Athens State Founders Hall, $100,000; Huntsville Depot, $75,000; Pond
Spring,  $363,000; Princess Theater, $125,000; Rosa Parks Museum, $405,000;
Vulcan Statue, $1,500,000;  
Alaska:  First Avenue National Register District (Fairbanks), $300,000;  Point Retreat Lighthouse, $300,000; 
Arizona: Titan Missile Museum, AZ $200,000;  
California: Yokut Tribe Heritage Center, $275,000;
Colorado: Museo de las Americas, $110,000; 
Connecticut: Mark Twain House (annex), Hartford, $1,000,000; 
Delaware: Lewes Maritime Park, $1,000,000;
Florida: Lincoln Pond/Colonial Theatre, $837,000; Osceola Courthouse,  $500,000;
Georgia: Voting Rights Museum, $250,000; 
Kentucky: Belle of Louisville, $500,000; Hopewell Museum, $250,000; Loudoun House, $750,000; 
Massachusetts: Boston Symphony Hall, $200,000; Old Danforth Street Bridge,  $500,000; New Bedford Whaling NHP (Corson Building), $150,000; 
Missouri: Truman Memorial, MO $250,000; 
Mississippi: Mary O'Keefe Cultural Center for Arts and Education, $300,000; Rowan Oak,  $300,000; 
New York: Darwin Martin House, $1,000,000; Old Dutch Church National Historic Site, $300,000; Shaker Village Museum, $750,000; Southside Sportsman Club, $400,000; 
North Carolina: Bodie Lighthouse, $200,000; 
Ohio: Ohio Company of Associations papers, $200,000; Woodward Opera House, $900,000; 
Oregon: Liberty Theater,  $400,000; 
Pennsylvania: Berman Museum, $250,000; York Farmers' Market, 260,000; 
Rhode Island: Ochre Court $300,000; 
South Carolina: Rice Museum (Brown's Ferry),  $250,000; 
Texas: Durst-Taylor House, $275,000; 
Vermont: Barre Heritage Museum, $950,000; Monitor Barns project, $200,000; Wheeler Block Building, $175,000; 
Virginia: Alexandria Academy, $200,000,  Arlington House, $150,000; 
Washington: Grays Harbor County Courthouse, $500,000;  Marine Science Center  Historic site, $150,000; 
West Virginia: Delf Norona Museum, $500,000; 
Wisconsin: Ashland Depot, $500,000;
Wausau Grand Theater, $400,000
= total $20,000,000 
(undistributed $ 15,000,000).

LEGISLATIVE UPDATES
 

• Historic Sites – The 106th Congress passed legislation that will protect key historic sites associated with the women’s rights movement, provide for the stewardship of historic lighthouses, and designate a new national park honoring the World War II home front effort.  The Hunt House legislation (P.L. 106-258) allows the Secretary of the Interior to acquire title to the Hunt House as part of the National Women’s Rights National Historic Park in New York.  The “National Historic Lighthouse Protection Act of 2000”  (H.R. 4613) will ensure that nonprofits have a fair opportunity to acquire and maintain historic lighthouses as they are de-accessioned by the Coast Guard.  The “Rosie the Riveter-World War II Home Front National Historical Park” (H.R. 4063) bill will establish a national historical park in Richmond, California, the site most often associated with the industrial, governmental and citizen home front efforts that led to victory in World War II.
• Religious Liberty and Land Use (RLUIPA) – The National Trust’s Public Policy and Law departments were unsuccessful in an effort to stop the enactment of the  “Religious Land Use and Institutionalized Persons Act of 2000” (S. 2869, H.R. 4862).   RLUIPA will prohibit local governments from enacting or applying landmarks or zoning laws to property owned or used (or even contracted-for) by religious institutions in a manner that would “substantially burden” religious exercise.  Violation of the law will subject local governments to lawsuits including attorneys’ fees claims, and possibly damages.  The new law could also be used by religious institutions to challenge restrictions imposed by preservation ordinances and zoning laws or to strong-arm local communities into exempting historic religious properties from local land use and preservation laws, leading to possible demolition of historic properties.  However, the Trust’s legal and policy staff brought effective pressure to bear on legislators that resulted in a statement accompanying the bill that provides some measure of assistance for local governments against claims brought under the new law.  The President signed the RLUIPA bill into law (P.L. 106- 274) on September 22nd.
• Private Property Rights/Takings – The National Trust and preservation advocates were successful in preventing onerous property rights/takings legislation from being enacted into law.  The “Private Property Rights Implementation Act” (H.R. 2372), which passed the House, and the “Citizens Access to Justice Act” (S. 1028), both failed to reach final passage.   If enacted, these bills would have undermined the primacy of state and local land use laws and adversely affected historic preservation by allowing takings claimants to file suit in Federal court before all State court proceedings have been exhausted.  Kudos to Sen. Patrick Leahy (D-VT), who was instrumental in turning back the takings bill in the Senate through his consistent pressure and opposition to the bill and by threatening to filibuster the legislation to the very end.  Property rights/takings legislation is expected to resurface in the 107th Congress.

ANNOUNCEMENTS
 

• Chicago’s Mayor Richard M. Daley will be honored with the 2000 John H. Chafee Trustees' Award for Outstanding Achievement in Public Policy.  National Trust President Richard Moe will present the award on Thursday, Nov. 2, during the Trust's National Preservation Conference in Los Angeles.  Mayor Daley is being recognized for his policy work, which is bringing many of Chicago's landmark areas back to life including State Street and Michigan Avenue, Martin Luther King Jr. Drive, Congress Plaza and Chicago's 28 miles of historic boulevards.  Other individual sites that have been saved through Mayor Daley’s preservation programs include City Hall, the Bee Building in Bronzeville (which won a National Preservation Honor Award in 1996), and the threatened Goldblatt's Department Store in East Village.  In addition, many historic parks have been restored throughout the city under the Mayor’s leadership.   For further information on the National Trust’s Honor Awards, visit the National Trust’s web page at http://www.nthp.org to view the complete press announcement regarding Mayor Daley’s award.
• Historic preservation lost two of its greatest champions during the 106th Congress – Senator John Chafee of Rhode Island and Minnesota Representative Bruce Vento.  
  
  Senator Chafee passed away suddenly on October 24 of last year from a heart attack and Representative Vento succumbed to lung cancer on October 10 this year.  Senator Chafee championed protection for both the natural and built environments throughout his career in Congress and was honored in 1999 for his policy work in historic preservation with the National Trust’s Trustees’ Award for Outstanding Achievement.  The Trustees’ award was later renamed in honor and memory of Chafee’s legacy and policy accomplishments.  
  
  Representative Vento’s service in the House began in 1977 and he is most remembered by preservationists as the chair of the House Interior and Insular Affairs Subcommittee on National Parks and Public Lands during the 1980s.  During his tenure as chairman of the Parks subcommittee, Vento staunchly defended attempts to eliminate funding for the Historic Preservation Fund and national historic preservation program.  Vento was also a strong supporter of the national park system and an advocate for sound environmental policies throughout his career in Congress.  Vento was also highly respected for his leadership and expertise on many policy issues by his congressional colleagues. 
  
  Senator Chafee and Representative Vento will be sorely missed by preservationists everywhere.

THIS COULD BE YOUR LAST ISSUE OF
PRESERVATION ADVOCATE NEWS!

Due to budget constraints in the current fiscal year, the October edition of
Preservation Advocate News will be the last issue to be delivered via facsimile.  We strongly encourage advocates who are receiving our newsletter and advocacy alerts via fax to convert to e-mail delivery if they have access to an e-mail account.  Fax advocates should call (202-588-6254), fax (202-588-6038) or e-mail (Carl_Wolf@nthp.org) Carl Wolf in the Public Policy Department and provide a current e-mail address and updated business or home address.  Unless you convert to e-mail, you will no longer receive regular delivery of our advocacy materials!
 

Preservation Advocate News is published on a bi-weekly basis by the National Trust's Department of Public Policy and distributed via facsimile and e-mail to its grass roots advocacy network. For sign up information contact: National Trust for Historic Preservation, Department of Public Policy, 1785 Massachusetts Avenue, N.W., Washington, DC 20036, 202-588-6254 (phone), 202-588-6038 (fax), policy@nthp.org (e-mail). To sign up directly for e-mail delivery, visit http://congress.nw.dc.us/nthp and click on "Action E-List."  Richard Moe, President Kathryn Higgins, Vice President for Public Policy Gordon Kerr, Director of Congressional Relations Staff Writers: Carl Wolf, Dan Costello

Contact policy@nthp.org for comments and questions, or call 202-588-6255.

Back to "Preservation Frontline!"
 

Preservation Advocate News October 27, 2000, Vol. 10