City of Dubuque Letter in Opposition to the National Park Services PS-2019-0001 NRHP Rule Making/Historic Place Copyrighted
May 6, 2019
City of Dubuque Consent Items # 9.
ITEM TITLE: Cityof Dubuque Letterin Opposition to the National Park
Service's NPS-2019-0001 NRHP Rulemaking related to
changes in the National Register of Historic Places
Nomination Process.
SUMMARY: Mayor Buol providing a copy of his letter to the National
Parks Service Cultural Resources Partnerships and
Science & Keeper of the National Register of Historic
Places in opposition to the proposed rule changes to the
National Register of Historic Places Nomination as
described in docket NPS-2019- 0001: 84 FR 6996-7005.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
NPS Correspondence Supporting Documentation
rHEcrrvoF Dubuquc OfficeoftheMayor
DT T� � City Hall
wmmwciry 50 West 13`"Street
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Masterpiece on the Mississippi Dubuque, IA 52001-4845
www.citvofd u bup ue.or¢
April 26, 2019
VIA E-mail
Joy_beasley@nps.gov
Joy Beasley
Ading Associate Diredor
Cultural Resources Partnerships and Science & Keeper of the National Register of
Historic Places
National Parks Service
RE: Docket Name: National Register of Historic Places
Docket Number: NPS-2019-0001
Docket RIN: 1024-AE49
Dear Ading Associate Diredor,
Thank you to the National Park Services for your leadership as stewards of our nation's
most precious lands, monuments and historic places.
Please consider the City of Dubuque, lowa's opposition to the proposed rule changes to
the National Register of Historic Places Nomination as described in docket NPS-2019-
0001: 84 FR 6996-7005. Specifically, please do not include changes to the procedures
for listing historic districts to favor majority land-owners, please do not empower federal
agencies to veto nominations of federally owned properties from being listed, and
please do not permit extending the timeline for the Keeper to respond to appeals.
The National Register of Historic Places has helped Americans to identify, learn about
and protect our shared cultural heritage for more than 50 years. This attempt to rewrite
the rules would undercut the effectiveness of this important preservation tool. The City
of Dubuque, lowa opposes these rule changes, which would restrict nominations of
federal properties to the National Register, negatively impact Section 106, reduce the
availability of the federal historic tax credit, and give large property owners the right to
prevent listing of historic distrids on the National Register.
Please do not change the procedures for listing historic districts to favor majority
land-owners. This proposed change is not originating from feedback but rather from
within the bureaucracy. Therefore, the origin of this rule is counter to the administration's
stated objective to not over or arbitrarily regulate. The rule change would also allow large
land owners within a proposed historic districtto prevent National Register listing, even if
a majority of the private property owners within the proposed district do not object. This
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is contrary to the statutory language of the National Historic Preservation Act, and
inconsistent with the fundamental, democratic principle of one person, one vote.
Basing district approval on land size rather than each land owner having a vote, counters
our American democratic right of one person, one vote. Furthermore, there are no
negative consequences from being listed within a federally recognized historic district.
Enforcement of the Secretary's standards for historic preservation and regulation only
apply to property owners when they voluntarily elect to participate in federal incentives to
assist in the preservation of their property. Any property owner within a registered historic
district, who does not participate in federal incentives, tax credits, etc. through the
Department of the Interior, or is subject to a federal permitting process, is in no way
federally regulated by the Department for their being listed in the historic district.
Should this change be permitted, new listings may be arbitrarily derailed due to lack of
understanding by large property owners, at the expense of a great number of small
property owners who wish to protect historic assets and preserve them. Simply stated:
listing does not restrict properties who wish not to participate, but lack of listing
prevents preservation resources from being accessible to property owners who
wish to use them. Additionally, concerns exist as to whether this rule could open legal
questioning into the validity of existing historic districts.
Please do not empower federal agencies the ability to veto nominations of federally
owned properties from being listed. Federal buildings are the assets of the American
people and the people have delegated these assets to the stewardship of the federal
government, which ultimately answers to the people. Agencies should not be permitted
to veto an interest of the people who have delegated this authority to the Keeper.
The Keeper of the National Register should be the one to determine whether a federally
owned historic property is eligible for listing on the National Register as they have the
most expertise on historic significance determinations and their involvement should not
be limited by other federal agencies.
The National Historic Preservation Act does not support or require these regulatory
changes. Federal agencies should not be given a veto over nominating federally owned
properties to the National Register. Local communities, tribes, and state historic
preservation offices are often in the best position to understand the historic significance
of these sites.
Additionally, these changes would limit the ability of the Keeper of the National Register
to make determinations of whether a federally owned historic property is eligible for listing
on the National Register. The Keeper is the federal actor with the most expertise on
historic significance determinations and their involvement should not be limited by other
federal agencies.
Please do not permit extending the timeline for the Keeper to respond to appeals.
Americans expect and are entitled to efficient government. It is the DepartmenYs
Service People Integrity Responeibility Innovation Teamwork
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obligation to deliver timely considerations to the people, and the Keeper should be
empowered by the Department to meet the stated time requirements in responding to
appeals. The Government should not hinder historic preservation, re-developments,
through the inability to respond in a timely fashion. Also important is the right under the
National Historic Preservation Act for any person or local government to appeal the failure
of a nominating authority to nominate a property. To remove federal properties from an
appeals process would be contrary to the law and would alter an existing process that is
currently fair and open.
The process for qualifying properties for tax incentives as part of a historic
district are at risk now because of the proposed change which allow federal agencies
owning a property in a proposed historic district to object to the historic district
nomination and prevent its listing. Creation of historic districts has long been one of the
most effective means for providing recognition and protection to historic properties. Of
paramount importance to some property owners is the listing historic districts in the
National Register also qualifies contributing properties for incentives otherwise not
available. These incentives are only available to properties either individually listed or
certified to contribute to the significance of National Register Historic Districts. Federal
tax credits for rehabilitation of historic properties are a proven preservation and
community revitalization tool. Evidence of this success is found in the enclosed
article about Dubuque preservation efforts in the National TrusYs Preservation
Magazine - Fa112018 edition.
Tribes were also left out of the process of developing this proposed rulemaking. Given
the number and significance of tribal cultural resources that could be impacted by this
rule change, especially resources on public lands, tribal consultation on this proposed
rule is required.
The National Park Service should entirely reconsider this rule making. The rule as
proposed in docket #NPS-2019-0001 will reduce the effectiveness of the National
Register of Historic Places. The integrity of the National Register should be protected to
ensure that it will continue to achieve its goal of preserving historic places for the benefit
of current and future generations.
The City of Dubuque, lowa stands firm in opposition to the proposed rule changes along
with the following national organizations, whose position statements on the rulemaking
are enclosed:
. Preservation Action
. National Trust for Historic Preservation
. National Conference of State Historic Preservation Officers
. National Association of Tribal Historic Preservation Officers
. National Alliance of Preservation Commissions
. Coalition to Protect America's National Parks
. Coalition for American Heritage
. Cultural Landscape Foundation
Service People Integrity Responeibility Innovation Teamwork
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The rule as proposed in docket#NPS-2019-0001 would dramatically impact the ability
of properties to be listed on the National Register of Historic Places. On behalf of the
City of Dubuque, lowa, I strongly urge you to reconsider these changes.
Sincerely,
� ,� ��.�"�'
� �
Roy D. Buol, Mayor
City of Dubuque, lowa
Enclosures
cc: Dubuque City Council Members
Michael Van Milligen, City Manager
Senator Charles Grassley
Senator Joni Ernst
Representative Abby Finkenauer
Sherry Kuntz, Senator Grassley's Office
Michael Farr, Senator ErnsYs Office
Tyler Wilson, Representative Finkenauer's Office
Chris Kramer, Director, lowa Department of Cultural Affairs
Service People Integ�ity Responsibility Innovafion Teemwork