Public Letter re: revised Program Comment on Certain Housing, Building, and Transportation Activities
This sign-on letter follows an earlier public comment from the League and our Preservation Colleagues, which you can find here. For a PDF of the December 13 letter, click here.
December 13, 2024
Advisory Council on Historic Preservation
Sarah Bronin, Chair
401 F Street NW, Suite 308
Washington, DC 20001
Dear Chair Bronin:
Thank you for the opportunity to comment on the revised Program Comment on Certain Housing, Building, and Transportation Activities. On behalf of the undersigned New York-based preservation nonprofit organizations, the Preservation Colleagues network, the Preservation League of New York State respectfully submits the following comments.
We appreciate that many of our concerns were addressed and that the document is easier to follow. We have no major concerns with the processes and activities covered under Appendix A of the revised Program Comment.
However, we remain concerned that State Historic Preservation Offices (SHPOs) are essentially cut out of the Section 106 process for any activities covered under Appendix B. We appreciate the gesture of adding the option for federal agencies to consult with the relevant SHPO (Appendix B, Section 1) but this is unlikely to occur in practice. By not consulting with SHPO, federal agencies and/or their consultants are left with little accountability and are left to make their own determinations regarding National Register eligibility.
The lack of notification requirements remains a concern as well. With respect to Dispute Resolution (Section VI), how and when would a member of the public, local government, SHPO, or other entity become aware of an undertaking? Without consultation requirements, how will there be any consulting parties?
Finally, the lack of notification requirements and the lack of SHPO input could result in the intentional or unintentional loss of historic resources and/or character defining features that have not yet been identified in surveys or listed in the National Register. This could disproportionately impact historically marginalized communities, which are generally less well documented.
Thank you for your consideration.
Sincerely,
Adirondack Architectural Heritage, Erin Tobin, Executive Director
Friends of the Upper East Side Historic Districts, Nuha Ansari, Executive Director
Historic Albany Foundation, Pamela Howard, Executive Director
Historic Districts Council, Frampton Tolbert, Executive Director
Historic Ithaca, Susan Holland, Executive Director
Landmark Society of Western New York, Wayne Goodman, Executive Director
New York Landmarks Conservancy, Peg Breen, President
Preservation Association of Central New York, Nicole M. Fragnito, Executive Director
Preservation Buffalo Niagara, Bernice Radle, Executive Director
Preservation League of New York State, Jay DiLorenzo, President
Preservation Long Island, Tara Cubie, Preservation Director
Saratoga Springs Preservation Foundation, Samantha Bosshart, Executive Director
TAP Inc., Barb Nelson, AIA, Executive Director
Village Preservation, Andrew Berman, Executive Director