What is Section 106, and how is it threatened?

Section 106 of the National Historic Preservation Act of 1966, as amended, mandates the review of federally funded, permitted, or licensed projects that may impact historic and cultural places. Section 106 was written to guard against the negative effects of federally funded Urban Renewal projects in the 1950s and 60s, which demolished historic buildings without community input. For the past 60 years, the Section 106 Review process has enabled public participation and meaningful consultation that results in better outcomes and the preservation of our nation’s heritage.

On July 24, the Advisory Council on Historic Preservation advanced a proposal to change Section 106 regulations, threatening important protections for historic and cultural places from federal undertakings. The proposed changes violate the spirit and intent of the National Historic Preservation Act, the foundation on which our national preservation program is built.

What changes are proposed?

• Consultation with State Historic Preservation Offices, Tribal Historic Preservation Offices, local governments, preservation organizations, and the public becomes optional.
• The definition of an “undertaking” is changed, reducing the number of projects subject to 106 Review.
• Cultural landscapes and sacred sites are no longer considered "historic properties" that must be considered.
• Fewer effects would count as adverse – indirect and cumulative effects are removed, including visual, atmospheric, or audible elements. Only effects with a “reasonably close causal relationship” are considered.
• Less field investigation is required.
• Agencies are no longer required to avoid or minimize adverse effects. They can simply say that other considerations outweigh the preservation of historic and cultural places. Reasonable mitigation is redefined to be only what is technically and economically feasible, so costs alone can justify weaker or no mitigation.

Section 106 works well in Arkansas.

• Since the beginning of Federal Fiscal Year 2026, which began on October 1, 2025, staff at the Arkansas Historic Preservation Program have reviewed 1,017 projects.
• The average response time for project reviews was two weeks, half the federally mandated rule of 30 days.
• Staff processed about 30 expedited review requests in FFY26, including less than 10 related to the National Energy Emergency Executive Order.
• Staff reported no project delays due to Section 106 Review, and in the rare case that mitigation was required, the process went smoothly.
• In FFY26, the Arkansas Historic Preservation Program has implemented three programmatic agreements to streamline the Section 106 Review process. These agreements, executed with the Natural Resources Conservation Service, Arkansas Department of Transportation, and the U.S. Forest Service, provide exemptions for certain types of projects that do not require ground disturbance, speeding up the review process.

Section 106 Success Stories from Arkansas

In the following examples, the Section 106 Review process resulted in the preservation of significant historic and cultural places while finding workable solutions for projects to proceed.

• A precontact mound site at the Port of Little Rock was successfully avoided and protected during the construction of a factory.
• One of the most significant archaic archeological sites in the state was located during the review process for ARDOT’s Highway 112 construction project near Fayetteville.
• An Indigenous burial site in northwest Arkansas was avoided during the development of a strip mall.
• After tornado damage in Spring 2024, staff advised on the clearing of storm debris from a Bentonville cemetery without incurring further damage to the cemetery.
• More than 30 precontact sites were identified during a project in Drew County, and through a partnership with the Arkansas Archeological Survey, a mitigation plan was developed to monitor the sites during the advancement of the project.
• During the replacement of the windows of the Pine Bluff Arsenal, staff encouraged the use of in-kind design and materials, successfully preserving the historic character of the building.
• Staff consulted with the Fayetteville Veterans Administration Hospital to install a wheelchair lift system instead of an exterior ramp for ADA accessibility in order to better preserve the building's appearance.

What can you do to help?

• Read the latest updates here: https://savingplaces.org/section106
• Contact Governor Sarah Huckabee Sanders and your members of Congress using convenient tools from the National Trust for Historic Preservation.
• Prepare comments to submit when the public comment period opens - we will alert you.

Please contact Executive Director Rachel Patton with any questions at info@preservearkansas.org or 501-372-4757.

Thank you for your advocacy!

Preserve Arkansas is the only statewide nonprofit advocate for the preservation of Arkansas’s historic, architectural, and cultural resources. Our organization works to build stronger communities by reconnecting Arkansans to our heritage and empowering people to save and rehabilitate historic places. Support this work by becoming a member, making a one-time or tribute donation, or joining us in a corporate partnership.

Our mailing address:

P.O. Box 305, Little Rock, AR 72203

Call us at 501-372-4757.