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Today marks the 60th anniversary of the National Historic Preservation Act (NHPA), which established Section 106, requiring federal agencies to consider the effects of federally funded or permitted projects on historic properties and provide opportunities for communities to participate in the review process. Today Section 106 faces threats on two fronts, sweeping amendments proposed by the Advisory Council on Historic Preservation (ACHP) and new permitting reform legislation in Congress.
The ACHP’s proposed changes would give federal agencies more discretion over when and how they notify and consult the public, narrow the historic properties and impacts they consider during review, and weaken communities' opportunities to participate in decisions. Meanwhile, the Senate’s permitting reform proposal, known as the Bipartisan American Affordability and Jobs Act of 2026 (S.B. 5653), would rewrite Section 106 itself, threatening to further narrow the scope of review and diminish the public’s role in the process.
Together, these efforts threaten a core principle of the NHPA that communities deserve a voice before federally connected projects alter the places that matter to them. Section 106 does not guarantee that every historic property will be preserved, but it provides an opportunity to identify historic resources, evaluate potential impacts, and explore ways to avoid, minimize, or mitigate harm before irreversible decisions are made.
The Preservation Alliance stands with the growing national coalition of preservation organizations, Tribal Nations, and community groups calling on the federal government to uphold Section 106. We believe the process can be improved, but changes that undermine transparency, consultation, and meaningful public participation are not the answer.
Urge your Congressional representatives to oppose efforts that would weaken Section 106.
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