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Section 106 Changes - ACTION NEEDED

Administrator
Oct 19
2 min read

The time to act to defend the National Historic Preservation Act is now. In addition to the current proposed changes by the Advisory Council on Historic Preservation as of July 2026, the Senate has proposed changes to Section 106 under The Bipartisan American Affordability and Jobs Act (S.5653). This newly proposed bill would effectively gut the NHPA and lead to the destruction and permanent alteration of America’s historic and cultural resources. 

Section 106 is a powerful program that emerged from the National Historic Preservation of 1966, the national law that enshrined protection and public support for historic and cultural resources into our federal and state programs. This law was passed after years of hard-won advocacy, including the years following the mass destruction of historic communities and buildings under the federal government’s policy of urban renewal beginning in the 1940s. 

We find ourselves once again needing to take up the fight for the preservation of historic resources as the Senate intends to vote on the permitting bill November 9th, 2026. 

This bill would: 

  • Cut the public out of consultation entirely - the public would not have a say in projects that impact historic resources and their communities.

  • Make tribal consultation meaningless and undermines tribal authority.

  • Allow the federal government to WITHHOLD funds to Tribal and State Historic Preservation Offices until they agree to what the federal agency/government wants.

  • Restrict judicial review to the federal agency’s benefit and would allow contractors of the federal agencies to sue to enforce timelines. 

  • Narrow the definition of an “undertaking” which can allow the federal agency to manipulate what that means and how the law applies. 

WE MUST ACT TO STOP THIS BILL FROM PASSING. 

Here’s what needs to be done: 

  1. Call your Senator/Representative and tell them that they need to vote “no” on this rushed bill. Write letters and even go one step farther and ask for meetings to discuss this bill and its threats to public consultation and historic resources. 

  2. Get your local organizations involved. They do not have to be preservation focused. Any community organization that cares about whether they have a say over a road that is being built through a historic neighborhood, or whether a historic landscape should be gutted to make way for a data center should care about this bill. Sign up to be part of the coalition here: Section 106 Coalition 

  3. Get loud! Talk to people in person, at local events, and on social media. They need to know that we don’t want this and are willing to get loud about it. If you’re good at social media or have contacts with political power, use your position to let others know that this bill will not be good for the American people. 


Section 106 regulations have helped keep many historic sites and cultural landscapes protected since 1966. There is no need to gut the program now. As people who understand the importance and  care deeply about preservation in our communities, let's use our collective voice to push back.  The time is now.


-The Window Preservation Alliance- 


Resources: 

106strong.com – Coalition page for the fight against Section 106 changes. 

Analysis on the current bill including detailed webinar information: https://www.106strong.com/the-statutory-fight 

National Historic Preservation Act of 1966 Overview: https://www.nps.gov/subjects/archeology/national-historic-preservation-act.htm


 
 
 

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