The Advisory Council on Historic Preservation, an independent federal agency, has proposed revisions to Section 106 regulations of the National Historic Preservation Act (NHPA). The changes would significantly reduce protections for historic and cultural places and diminish public participation in the implementation of federal projects affecting their communities. Numerous allied organizations, including the Society for American Archaeology and the National Trust for Historic Preservation, have raised concerns in regards to the proposed revisions. As noted by the Society for American Archaeology, "The Section 106 process is meant to be a collaborative effort between federal agencies, Native American Tribes, local governments, and citizens to allow local stakeholders to define what historic places are significant to them. For over six decades, Section 106 has provided a flexible program to allow meaningful collaboration to successful outcomes for local communities. The process lends significant weight to local voices before historically significant places are lost forever to federally funded developments. This draft regulation would upend all of that."
As currently written, "Section 106 of the NHPA requires federal agencies to take into account the effects of their projects on historic properties either listed in or eligible to be listed in the National Register of Historic Places. The National Register includes districts, sites, buildings, structures, and objects important for their significance in American history, architecture, archeology, engineering, and culture. Historic properties listed in the National Register can be significant to a local community, a state, an Indian tribe, or the nation as a whole."
The proposed revisions would greatly diminish the effectiveness of the current legal protections for historic and cultural places. Proposed changes include the removal of requirements to consult with Tribal communities and making public comment on federal historic preservation policies or actions optional at the discretion of the federal agency. The draft revisions have undergone interagency review and are now open for public comment.
SAA recognizes that a number of our members may be directly impacted by the proposed revisions to Section 106 and encourages its members to learn more about the issue. You can learn more from the National Trust for Historic Preservation, Cultural Heritage Partners, and the National Conference of State Historic Preservation Officers.
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