The Federal Emergency Management Agency (FEMA) issued a new policy on October 15: Building Code and Floodplain Management Administration and Enforcement (#204-079-01). Included in the final policy were several changes regarding historic properties suggested by the Advisory Council on Historic Preservation (ACHP) which aim to help local communities fund historic preservation-related responses in the months following a disaster.

The policy addresses how FEMA’s Public Assistance Program will assist communities to administer and enforce state and locally adopted building codes and floodplain management ordinances during the 180 days after the date of a major disaster declaration. Specifically cited as activities eligible for FEMA funding assistance are:

You can view the policy in full here.

Additionally, last week the Environmental and Energy Study Institute (EESI) issued a new report, A Resilient Future for Coastal Communities: Federal Policy Recommendations from Solutions in Practice. The EESI is a non-profit organization is a non-profit that provides research and policy recommendations to policymakers, including members of Congress, on climate change, energy, and environmental challenges.

Cultural heritage is one of the six themes addressed in the report, with others including community at the forefront, disaster policy, land use and development, climate adaptation and resilience data, and financing adaptation and resilience. Starting on page 25, Section 3 addresses three cultural heritage policy recommendations:

Summaries of each policy recommendation, including examples, is available in full report is available here. 

Your Congress in Action is a series that highlights the Capitol Hill news that affects CRM firms the most. Be sure to subscribe to the ACRAsphere to ensure you don't miss an update.

A deeply divided electorate has spoken, but it’s not entirely clear what they were trying to say. That’s the biggest outcome from Tuesday’s election.

As of this writing, former Vice President Joe Biden is the projected winner of the 2020 election, putting him on track to become the nation’s 46th President in January. It is important to note that President Trump has not conceded the race, and the results will not be official until each state certifies the winner prior to Dec. 14, when the electors meet in every state capitol. But Biden’s lead in states totaling more than 270 electoral votes appears to be large enough to withstand any recounts or other challenges.

The news was not all good for Democrats. Their hopes of re-taking the Senate have all but evaporated as numerous vulnerable Republican incumbents kept their seats. A runoff in Georgia for both seats in early January could determine which party controls the upper chamber, but the best Democrats can get is a 50-50 split. In the House, Republicans managed to knock off several Democratic incumbents, shrinking Speaker Pelosi’s majority by approximately six seats. The most likely outcome for 2021 is divided government, with Democrats controlling the White House and the House and the GOP still in charge of the Senate.

The election was even better for Republicans at the state level, where Democrats’ hopes of winning majorities in several state legislatures were dashed. This matters for more than just the implications for state policymaking: following the 2020 census, states will need to redraw their Congressional district maps before the 2022 midterm elections. With Republicans controlling more state legislatures than Democrats, they will be able to draw maps that are more favorable to their party.

Although it’s too early to assess what the vote meant, we know a few things: first, turnout was the highest it has been since 1900. Coming in the midst of a pandemic, with record numbers of Americans voting by mail, this is a significant achievement.

Second, for the first time in U.S. history, it appears we will have a female Vice President, as Kamala Harris becomes the first African-American woman and first South Asian American to stand a heartbeat away from the presidency. What’s more, voters elected the first two openly gay African-American men to Congress (both from New York), Delaware elected the country’s first transgender state Senator, and New Mexico elected all women of color to the U.S. House. The halls of power are slowly but surely becoming more diverse.

Third, the election demonstrated that the Latino population in America is far from monolithic. While the Biden-Harris ticket won Arizona and New Mexico on the strengths of Hispanic votes, the Trump-Pence ticket held onto Florida with a strong showing among Cuban-American voters in Miami, and did better than expected among Latino in the Rio Grande valley, helping the President win Texas.

And last but not least, the election results suggest that another major realignment of the pollical map is underway. Despite winning the “blue wall” states of Michigan, Wisconsin and Pennsylvania, Biden’s narrow wins there show that the industrial Midwest is no longer safe territory for Democrats. And Biden’s wins in Arizona and Nevada, not to mention his surprise win in Georgia, indicate that the rapid urbanization of the Sun Belt makes it less reliably Republican.

Change is happening, but the election did not change everything. Even as the votes were being counted, the country tallied its largest single-day COVID-19 infection rates since the start of the pandemic. And despite a fairly strong jobs report last Friday, the economy remains a long way from recovery.

These facts, along with the likelihood that January will see a Democrat in the White House, probably explain why Senate Majority Leader Mitch McConnell announced shortly after the polls closed that passing an economic stimulus package would be a top priority for Congress when it reconvenes for a lame duck session next week. Prior to the election, the parties were at odds over the size of the package, with Democrats calling for $2.2 trillion in economic relief and Republicans wanting to keep the package below $1.8 trillion.

The outcome of the election, particularly the fact that Republicans managed to maintain control of the Senate (for the time being, at least), suggests that the GOP will remain firm in its position. House Democrats will be torn between the desire to enact a package as quickly as possible, even if it’s smaller than they’d like, and the hope that they could hold out for a better deal once Joe Biden takes office.

The fate of the economic recovery package matters to the CRM industry as much as for anyone else. In recent weeks, ACRA has been talking to numerous Capitol Hill offices urging Congress to put partisanship aside and pass a relief package that helps communities get back on their feet. Of particular importance is relief for small businesses like the Paycheck Protection Program (PPP) Congress passed in the spring, which has helped many CRM firms avoid layoffs. Democrats want to see the package renewed, while Republicans are pushing to make sure that already-authorized funds that have yet to be spend can get out the door. Either way, ACRA’s discussions on the Hill suggest there is some bipartisan consensus that small businesses need help.

ACRA also is making the case that states and local governments need help. As states face significant budget crunches, vital programs like the State Historic Preservation Offices face possible funding cuts that would slow cultural resource activities. Ironically, such slowdowns would end up costing jobs, which will make the budget crises worse. Federal support is vital for ending this vicious cycle.

Even if the parties can agree on an economic relief package, the mixed election results mean that gridlock could very well persist into 2021 and beyond. At the very least, the election shows we are a country deeply divided. There are no silver bullets to cure this, but the CRM industry certainly has an important role to play: by preserving and protecting our nation’s history (both the good and not-so-good), cultural resource professionals can help Americans understand our shared heritage, and remind us that our nation is at its best when we come together.

“Modernizing” the NEPA Process or Returning to the Stone Age? Integrating New Definitions for Key Language in the NEPA–Section 106 Process November 19, 2020 | 3:00 - 4:30 PM (EST) | Register Now

ACRA and the National Association for Environmental Professionals (NAEP) have joined forces again to present another joint webinar on Thursday, November 19 at 3:00 pm EST.

“Modernizing” the NEPA Process or Returning to the Stone Age? Integrating New Definitions for Key Language in the NEPA–Section 106 Process brings together cultural heritage and NEPA practitioners and attorneys to unpack the new NEPA definitions of Direct and Indirect Impacts, and Effects and discuss how these changes affect cultural resources review under Section 106 and NEPA.

The panelists, Matthew Adams, Michael D. Smith Ph.D., and Heather Miller, Ph.D., along with moderator Marion Werkheiser, will highlight the recent James River transmission line court ruling (National Parks Conservation Association et al vs. Semonite) as a backdrop for the discussion. The panelists ask, “how would the James River court ruling be different under the new definitions?” The panelists will recap the court case, look at the new vs. old language and how it might have affected the ruling and its impact on future cases. They briefly present the history of the NEPA–106 process, assess traditional understandings of NHPA, and discuss how the new definition of effects will change consideration of cultural resources.

The registration price is $140, and as a part of our partnership, ACRA members are eligible to attend for the NAEP member price: $75 (members can get the code here). Reserve your spot now!

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Ryan Peterson, Principal Investigator at ACRA member firm Cardno and a member of ACRA's Board of Directors, received the Indiana Archaeology Award in October. Ryan was awarded this honor for his work on a large-scale excavation project moving the Bethel Cemetery in Marion, Indiana. More information is available in the the post from the Indiana Division of Historic Preservation & Archaeology below, and please add your congratulations to Ryan in the comments!

ACRA is co-sponsoring the 8th National Forum on Historic Preservation Policy, which will be held April 16-17, 2021 at Tulane University in New Orleans, LA. The Forum will explore strategies to develop new or revise local historic preservation policies or practices to integrate better historic preservation into the challenges of the 21st century American city. Specifically, what priority issues will cities face in the next 50 years, what role can historic preservation best play in meeting them, how do current polices help – or hinder – that goal?

The final agenda for the event is now available here. Friday's Shields Preservation Lecture Series Keynote Address is titled Preservation, Adam Smith, and the Circular Economy. Other sessions include panels on preservation and:

Click here for additional updates on the Forum. Registration will on on November 15, 2020 here.

The National Association of Environmental Professionals publishes a quarterly newsletter, the Environmental Practice Bulletin, and their upcoming Fall edition is going to focus on a cultural resources theme. As a part of ACRA's partnership with the NAEP, the editors of the Bulletin have asked for submissions from ACRA members for the issue.

More information on the Environmental Practice Bulletin, please visit the NAEP website. If you have an article you would like to submit for the upcoming or other future editions, please send it to newsletter@naep.org by November 17.

If you weren't able to get a spot for last week's webinar on technical writing for CRM, it is now available on demand for you to watch on your own schedule!

The vast majority of writing in cultural resources management is for non-archaeological audiences, yet the writing guidelines traditionally used in modern CRM adhere to a centuries-old writing style that conflates our meaning because it dictates that scientists remove themselves from their work to appear objective. This passive and intransitive type of writing is not only difficult and slow to read, it is expensive to write, edit, and produce, so much so that many academic publishers are abandoning the “academic voice” for this reason.

The CRM workplace has been slow to change. Plain language would greatly help cultural resources reports become more accessible and transparent to non-archaeological audiences. This approach to technical writing also can empower all CRM practitioners with the tools and training to produce consistent results of the highest quality.

This webinar goes into detail on the new style of technical writing meant to engage not just colleagues, but also clients and the general public. It benefits both junior and senior practitioners by helping them understand the difference between technical and scientific writing, while managers and reviewers also get the tools to evaluate work on a consistent basis. Attendees learn how to use a few simple tenets of the style to be more efficient in the workplace while also being more responsive to the needs of the public audiences they serve.

As with the live session, this webinar is available to ACRA members at a discounted price. Members can get the discount code to access the presentation here.

Watch Technical Writing for CRM:
Developing More Efficient Communication

While most firms carry general liability policies, professional liability insurance is often out of reach for CRM practitioners, especially for small firms. Now simply being an ACRA member can make obtaining such a policy easier!

We have partnered with Coterie to offer a 5-10% discount on professional liability insurance policies. Coterie is a technology company that makes buying business insurance easy. By harnessing the power of data and automation, they help remove hassle and confusion from the insurance process for businesses of all sizes. The result is simple, reliable, and affordable coverage for businesses.

This discount is only available to ACRA member firms, who can start the quote process here. Not an ACRA member firm? Join us today to get access to this and our other new benefits, including the ACRA Healthcare Program (which has no additional costs to member firms)!

Feel free to contact us if you have any questions about any of our member benefits, and stay tuned as we continue to add to our benefits package.

From the ACHP:

Advisory Council on Historic Preservation (ACHP) Chairman Aimee Jorjani today administered the oath of office to Luke A. Nichter, PhD, of Texas, swearing him in as an expert member to a term ending in June 2022. President Donald J. Trump appointed Nichter to the ACHP.

“The ACHP is honored President Trump appointed accomplished historian, author, and educator Luke Nichter to the ACHP,” Chairman Jorjani said. “Dr. Nichter has much to offer as an expert member. With his level of expertise in research and writing, we look forward to his perspective and counsel as we tackle historic preservation issues and tell the full stories that are vital to our country.”

Nichter is a Professor of History and Beck Family Senior Fellow at Texas A&M University-Central Texas, and a 2020-2021 National Endowment for the Humanities Fellow. His area of specialty is the Cold War, the modern presidency, and U.S. political and diplomatic history, with a focus on the “long 1960s” from John F. Kennedy through Watergate. Nichter is a noted expert on Richard Nixon’s 3,432 hours of secret White House tapes. He also has a website that offers free access to the publicly released tapes as a public service.

“As someone who has spent so much time in the heart of LBJ country, what an honor it is to contribute to the work of the Advisory Council on Historic Preservation–a key part of Lyndon Johnson’s Great Society initiative,” Nichter said. “I hope to utilize my background in history, along with my passion for reaching a historically interested public using different mediums, to form new partnerships and spread the word about the work of the ACHP. We Americans love our history, our national parks, and our historic sites. Getting more people involved in the cultural estuary of our nation helps to make us a more engaged society.”

In addition, Dr. Nichter is a New York Times bestselling author or editor of seven books and a founding executive producer of C-SPAN’s American History TV. A feature of the channel is “American Artifacts,” a weekly program that Nichter conceptualized, which lets viewers experience a museum, an archive, or a historic site from behind the scenes–something different than what they would ordinarily see as a member of the visiting public.

Nichter fills a term that began in 2018 and replaces Robert Stanton, who has served as an expert member on the ACHP since 2014. Stanton was the first African American to serve as National Park Service Director and later served as Senior Advisor to the Secretary of the Interior.

“Bob Stanton’s presence on the ACHP touched so many, and he will be sorely missed; however, his years on the ACHP have made a lasting impact,” Chairman Jorjani said. “As chairman of the Communications, Education, and Outreach Committee, he helped develop our Preservation in Practice program that is helping to diversify the field of historic preservation. In addition, his insight from his long career at the highest levels of the National Park Service benefitted the ACHP. I am grateful for our time together. Bob has been a trusted advisor, and I know he will continue to be a resource we can count on.”

The National Historic Preservation Act provides that appointed expert and general public members shall serve for a term of four years and under that law, may not serve more than two terms.

You can view this press release on the ACHP website.

Aerial Archaeology, Then and Now November 12, 2020 | 2:00 - 3:30 PM (EDT) | Register Now

Today, with a light aircraft, high resolution cameras, and a thorough survey protocol, huge landscapes can be covered in a matter of hours with photographs capturing both quantitative data and relevant qualitative information about context, scale and character. The qualitative aspects of narrative photography not only add context to important data at the site, but in an increasingly visual culture, artistic and narrative photography provides a hook to draw people into the story of important landscape research.

The operational, technological, regulatory, and economic differences between aerial platforms and software available to process imagery are changing rapidly and deserve careful attention when considering project design for survey and imaging of project sites. Join us on Thursday, November 12 at 2:00 pm EST for Aerial Archaeology, Then and Now - a webinar that will give attendees specific knowledge of the state of aerial imaging technology today and detailed options for its deployment in the service of archaeological research/documentation/communications.

The webinar will address project design and provider selection, and will also discuss costs, regulatory issues, resolution at different altitudes and speeds, and general pros and cons of the technology.

Space is limited, so register now to reserve your spot. As a reminder, we have implemented a firm-wide registration fee for ACRA members during the pandemic - once one person from a member firm registers, others can register for free. Contact us for information on subsequent registrations.

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