(CNN) – The Trump administration has announced it will discontinue a crucial part of the review that evaluates the effects of the proposed triumphal arch, effectively sidestepping the federal historical preservation law established in 1966.
This evaluation, known as a Section 106 review, typically requires independent organizations with expertise in historical preservation matters to approve projects before they proceed.
However, on Thursday, the Advisory Council on Historical Preservation, which oversees this review process, stated it would end the consulting phase and essentially stop trying to reach an agreement.
In a letter to the Interior Department notifying them of this decision, they mentioned that they would invite consulting parties to “participate in a meeting with the ACHP to verbally provide their comment” prior to asking the Interior secretary for “a final decision on the undertaking.”
This alteration allows President Donald Trump’s arch project to clear an important obstacle in its approval process. However, it is likely to provoke legal challenges regarding the legality of terminating the review.
The move also highlights the administration’s intention to expedite the project while ignoring objections from experts and concerns raised by the public. The ACHP’s action paves a way for final approval of the arch by early November.
The letter received swift backlash from several consulting parties who told CNN that they hadn’t been allowed enough time for evaluation and input.
“This truly is boundary busting,” said Charles Birnbaum of the Cultural Landscape Foundation, a DC-based nonprofit among those involved. He added that “the administration’s position that somehow there has been a process is an outright lie.”
The consulting groups-a mix of experts, state preservation officers, and local authorities-were only provided two meetings for this Section 106 review. This process usually unfolds over many months for projects as significant as this arch. The latest meeting took place in early September and ended without consensus as attendees requested more information.
Additionally, Trump’s recent announcement about transforming the arch into a “military complex” represents a major shift in its original plan and warrants further examination, Birnbaum noted.
Greg Werkheiser, an attorney with Cultural Heritage Partners, PLLC-who has dealt with lawsuits regarding other Trump-related projects-shared his thoughts: “If we believe the president that he is turning his memorial arch into a military installation that stores ammunition and explosives, then Secretary of Interior will be permitting an entirely different project than what agencies and public have been reviewing,” he stated. “That’s a clear legal vulnerability.”
Concerns about adhering to Section 106 of the National Historical Preservation Act have been central to various legal challenges related to several projects Trump has attempted to advance-including his plans for constructing a “triumphal arch,” branding his name on Kennedy Center renovations at Lincoln Memorial Reflecting Pool and taking control over East Potomac Park’s public golf course.
The administration has sought ways to alter this process by attempting to revise its regulations and appointing members aligned with Trump within ACHP, according to previous reports from CNN.
CNN reached out to both ACHP and National Parks Service regarding comments about this letter.
The next step now relies on Interior Secretary Doug Burgum who is expected to receive an approval request from ACHP by October 7. If he gives his anticipated endorsement, then final approval could come before National Capital Planning Commission-the last hurdle before construction begins.
This story has been updated with additional information.
The-CNN-Wire
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