
ACT NOW TO SAVE 4(f) PROTECTIONS! ADVOCACY NEEDED ON HOUSE
TRANSPORTATION BILL!
Urge the House of Representatives to Adopt Language Protecting
Section 4(f)
BACKGROUND
Historic and cultural resources have been endangered by road-building and
highway projects since the inception of the Interstate Highway System over fifty
years ago. Such threats prompted Congress in 1966 to create special protections
for historic, cultural, recreational, wildlife and park resources under Section
4(f) of the Department of Transportation Act of 1966. The protections prevent
transportation agencies from using land from those resources for road building
“unless there is no prudent and feasible alternative to the use, and if all
possible planning is done to minimize harm.” If not for this section, the French
Quarter in New Orleans would not be the thriving historic destination it is
today – much of that area would have succumbed to demolition for an interstate
highway. There are other communities nationwide with similar stories.
THREAT
Opponents of Section 4(f) are committed to weakening the substantive and
effective Section 4(f) protections for historic and cultural resources during
the 108th Congress during reauthorization of surface transportation spending
under TEA-21 – the “Transportation Equity Act for the 21st Century.” Our
opponents are capitalizing on the overall frustrations with the delays in
completing complex and expensive highway projects, and are spreading the
misconception that environmental and historic preservation reviews are the
primary cause of big delays.
COMMON GROUND REACHED
The National Trust for Historic Preservation and the American Association of
State Highway and Transportation Officials (AASHTO) reached an agreement to
amend Section 4(f) to streamline historic preservation reviews of transportation
projects and, at the same time, maintain Section 4(f)’s strong standards of
protection for historic places. Preservation Action and NCSHPO also support the
agreement. The United States Senate adopted this agreement in section 1514 of
S.1072, the transportation reauthorization measure that the Senate approved on
February 12th. The House of Representatives is now considering its own version
of the bill.
This agreement would allow for the satisfaction of Section 4(f) requirements
only for cases in where there would be a properly developed finding under
Section 106 of the National Historic Preservation Act that a transportation
project would have no adverse effect on a historic site even though the project
would use a small portion of the historic site. The agreement includes numerous
safeguards like the written concurrence of state historic preservation officers
and public involvement through consulting parties.
ACTION NEEDED
Now that the Senate has acted to protect Section 4(f), it is time to focus
advocacy efforts on the House of Representatives. Please write to Members of the
House Transportation and Infrastructure Committee and ask them to adopt the
compromise reached between the historic preservation community and the American
Association of State Highway and Transportation Officials. A list of
Transportation and Infrastructure Committee Members follows and a sample letter
is provided.
House Transportation and Infrastructure Committee
Republicans: Don Young (AK), chairman; Thomas Petri (WI); Sherwood Boehlert
(NY); Howard Coble (NC); John J. Duncan, Jr. (TN); Wayne T. Gilchrest (MD); John
L. Mica (FL); Peter Hoekstra (MI); Jack Quinn (NY); Vernon J. Ehlers (MI);
Spencer Bachus (AL); Steven C. LaTourette (OH); Sue W. Kelly (NY); Richard H.
Baker (LA); Robert W. Ney (OH); Frank LoBiondo (NJ); Jerry Moran (KS); Gary
Miller (CA); Jim DeMint (SC); Doug Bereuter (NE); Johnny Isakson (GA); Robin
Hayes (NC); Rob Simmons (CT); Shelley Moore Capito (WV); Henry E. Brown, Jr.,
(SC); Timothy V. Johnson (IL); Dennis R. Rehberg (MT); Todd Russell Platts (PA);
Sam Graves (MO); Mark R. Kennedy (MN); Bill Shuster (PA); John Boozman (AR);
John Sullivan (OK); Chris Chocola (IN); Bob Beauprez (CO); Michael Burgess (TX);
Max Burns (GA); Steve Pearce (NM); Jim Gerlach (PA); Mario Diaz-Balart (FL); Jon
Porter (NV).
Democrats: James L. Oberstar (MN), ranking member; Nick J. Rahall, II (WV);
William O. Lipinski (IL); Peter A. DeFazio (OR); Jerry F. Costello (IL); Eleanor
Holmes Norton (DC); Jerrold Nadler (NY); Robert Menendez (NJ); Corrine Brown
(FL); Bob Filner (CA); Eddie Bernice Johnson (TX); Gene Taylor (MS); Juanita
Millender-McDonald (CA); Elijah E. Cummings (MD); Earl Blumenauer (OR); Ellen O.
Tauscher (CA); Bill Pascrell, Jr. (NJ); Leonard L. Boswell (IA); Tim Holden
(PA); Nick Lampson (TX); Brian Baird (WA); Shelley Berkley (NV); Brad Carson
(OK); Jim Matheson (UT); Michael M. Honda (CA); Rick Larsen (WA); Michael E.
Capuano (MA); Anthony D. Weiner (NY); Julia Carson (IN); Joseph M. Hoeffel (PA);
Mike Thompson (CA); Timothy H. Bishop (NY); Michael H. Michaud (ME): Linc oln
Davis (TN).