The National Historic Preservation Act, signed into law on Oct. 15, 1966, established a framework for identifying and protecting the nation’s historic resources. The legislation emerged from public backlash against post-World War II urban renewal and highway construction projects that demolished landmarks and displaced communities, including New York City’s original Penn Station. Today, more than 100,000 sites are listed on the National Register of Historic Places.
A critical component of the law is Section 106, which requires federal agencies to consult with states, tribes, and stakeholders before beginning projects that could harm historic sites. Preservation experts describe this review process as essential to the law’s effectiveness, though they note it does not necessarily prevent projects from proceeding. According to the National Trust for Historic Preservation, the average review takes 16 days nationwide, and 98% of reviews conclude that projects will have no adverse effect on historic resources.
The preservation framework now faces twin challenges. A federal council with Trump-appointed members voted earlier this year to weaken Section 106 regulations, while a bipartisan permitting reform bill advancing in the Senate would significantly narrow the review process to accelerate infrastructure and energy projects. Preservation advocates contend these changes would fundamentally undermine the law’s protections for hundreds of thousands of sites.
A coalition called “Section 106 Strong” launched to oppose the proposed modifications, claiming to represent 1,000 organizations and Tribal Nations collectively representing more than 9 million Americans. Tribal leaders emphasized particular concerns, noting that Native American tribes and Hawaiian organizations did not gain formal inclusion in preservation duties until 1992, and that proposed changes would represent a setback to tribal voice in the process. Critics argue the changes amount to a rewriting of the historic preservation law that would gut its core protections.
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