Last week the Department of Interior announcedthey would implement emergency permitting procedures with the goal of speeding up reviews on a wide range of energy and mineral mining projects on federal land. The implementation of these procedures comes in response to President Trump's Executive Order Declaring a National Energy Emergency. Specifically, the order identifies alternative processes and procedures for the National Environmental Policy Act (NEPA), the Endangered Species Act, and the National Historic Preservation Action Act (NHPA).

The order directs bureaus to follow alternative procedures to comply with Section 106 of the NHPA for federal undertakings related to identification, leasing, siting, production, transportation, refining, and generation of energy resources. The order identifies ways to comply including the use of an existing Programmatic Agreement, or the formal emergency procedures, laid out in the guidance provided by the Advisory Council on Historic Preservation (ACHP) outlining existing emergency provisions in Section 106 regulations. The emergency provisions dramatically shorten review times, only allowing for seven days for comments from the ACHP and State and Tribal Historic Preservation Offices, while also extending the applicability of the emergency provisions for the length of the Executive Order.

Preservation Action is very concerned that the broad nature of the Executive Order and subsequent implementation by the Department of Interior essentially allows for agencies to sidestep Section 106 review for undertakings they claim are for energy production. Additionally, we are concerned the emergency procedures will not allow for meaningful consultation with states and tribes.

Learn More: https://www.doi.gov/pressreleases/department-interior-implements-emergency-permitting-procedures-strengthen-domestic