Key facts
- Six lawmakers sent a letter to Interior Secretary Doug Burgum and NPS Acting Director Jessica Bowron.
- They stated that the National Park Service has no power to build the proposed triumphal arch without congressional approval.
- The lawmakers cited violations of the Height of Buildings Act and the Commemorative Works Act.
- A lawsuit from Vietnam War veterans opposes the project on similar grounds.
- The Trump administration asserts that Interior Department land projects do not need congressional approval.
A bipartisan group of lawmakers has formally alerted Interior Secretary Doug Burgum and the National Park Service (NPS) that they lack the legal authority to construct a proposed 250-foot triumphal arch without explicit approval from Congress. The lawmakers, including Sens. Angus King (I-Maine), Martin Heinrich (D-N.M.), Jeff Merkley (Ore.) and Reps. Jared Huffman (Calif.), Maxine Dexter (Ore.) and Yaasmin Ansari (Ariz.), stated in a letter that the project violates federal statutes, including the Height of Buildings Act and the Commemorative Works Act, which mandate congressional authorization for structures on federal land.
Their concerns echo those of Vietnam War veterans who have filed a lawsuit against the project on similar legal grounds. The lawmakers emphasized that Section 106 consultation under the National Historic Preservation Act cannot grant the missing authority for a project that Congress has not authorized and that existing laws appear to prohibit.
Despite these objections, the U.S. Commission of Fine Arts recently approved a modified design for the arch, intended for Memorial Circle on Columbia Island. A spokesperson for the Trump administration stated that President Trump wishes to fulfill this vision to celebrate American triumphs and patriotism, asserting that projects on Interior Department land are not subject to congressional approval. The lawmakers, however, warned that any official or firm proceeding with the construction does so at their own peril, suggesting that if the administration wishes to erect a permanent commemorative work, the established path through Congress remains open.