Lawmakers caution Burgum, NPS they have ‘no power to build’ Trump’s arch

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A group of six lawmakers sent a letter on Monday to Interior Secretary Doug Burgum, Acting Director of the National Park Service (NPS) Jessica Bowron and one other official alerting them that they have “no power to build” a triumphal arch without approval from Congress.

“We oppose this project in the strongest terms and object to execution of the draft Programmatic Agreement. The National Park Service (NPS) is assessing the effects of an undertaking that Congress has never authorized and that two federal statutes squarely prohibit,” Sens. Angus King (I-Maine), Martin Heinrich (D-N.M.), Jeff Merkley (Ore.) and Democratic Reps. Jared Huffman (Calif.), Maxine Dexter (Ore.) and Yaasmin Ansari (Ariz.) wrote.

“Section 106 [of the National Historic Preservation Act] consultation cannot supply that missing authority, and no programmatic agreement can resolve the adverse effects of a project the NPS has no power to build,” they added.

Five representatives and one lone senator said that efforts to erect a 250-foot triumphal arch violate the Height of Buildings Act under its current dimensions and the Commemorative Works Act, which requires congressional approval to erect structures on federal land.

“A departure of this magnitude from the capital’s settled vertical order is precisely the kind of decision the law reserves to Congress,” lawmakers wrote.

“Beyond its illegality, the Arch would deface one of the most deliberate and historic sightlines in America,” they added.

Their concern for the project comes amid a lawsuit from Vietnam War veterans, who shared objections to the project on the same grounds as members of Congress.

Two House Democrats also introduced a bill in an attempt to block Trump’s project located in between the Lincoln Memorial and Arlington National Cemetery.

However, last month, the U.S. Commission of Fine Arts approved a modified design for the arch set to be located in Memorial Circle on Columbia Island.

The Trump administration has also maintained that projects on land owned by the Interior Department aren’t subject to congressional approval.

“In America’s 250th year, President Trump wants to fulfill this vision and build the Triumphal Arch to celebrate the triumphs of the American people, inspires patriotism and love of country, and beautify our nation’s capital,” a department spokesperson told The Hill.

“The arch will also enhance the visitor experience at Arlington National Cemetery for veterans, the families of the fallen, and all Americans alike, serving as a visual reminder of the noble sacrifices borne by so many American heroes throughout our 250-year history so we can enjoy our freedoms today,” they added.

However, lawmakers warned the White House and slated contractors of the project’s illegality in their Monday letter.

“No valid authority has been conferred here. Every official who directs this work, and every firm that performs it, proceeds at their own peril,” lawmakers wrote.

“If the Administration believes the semiquincentennial warrants a permanent commemorative work in the capital, the path is open and well worn; it runs through Congress, as it has for every memorial since the Continental Congress approved the first, an equestrian statue of George Washington, in 1783,” they concluded.

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Angus King

Donald Trump

Doug Burgum

George Washington

Jared Huffman

Jeff Merkley

Martin Heinrich

Rep. Jared Huffman

Sen. Angus King

Sen. Martin Heinrich

triumphal arch

Trump administration

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