Historic preservation law faces dual attacks from federal rule changes and Senate reform bill

The National Historic Preservation Act, enacted 60 years ago, created Section 106 to require federal agencies to consult with states, tribes and stakeholders before projects that might harm historic resources. Recent actions threaten that safeguard: a federal advisory council, largely appointed by President Trump, voted to weaken the rule by narrowing eligible properties, making public comment optional, and dropping tribal consultation requirements.

Concurrently, a bipartisan permitting reform bill moving through the Senate would codify similar cuts, limiting public and tribal participation and reducing legal remedies. Preservation leaders, including the National Trust for Historic Preservation and the Tribal Historic Preservation Officers, argue the changes jeopardize hundreds of thousands of sites and tribal voice. In response, the "Section 106 Strong" coalition, representing over 9 million Americans, has launched a fundraising drive and is lobbying lawmakers ahead of a council meeting on Nov. 10 and a Senate vote after the recess.