Section 106, a Key Instrument of Federal Preservation Law, Under Threat

Historic buildings along Main St. in Louisville,KY

Enacted in 1966, the National Historic Preservation Act (NHPA) is a foundational statute that establishes the foundational framework for historic preservation in the United States.

Among other things, it:

  • Created the the Advisory Council on Historic Preservation (ACHP)
  • Established the National Register of Historic Places and the process for adding properties to it
  • Sets up national preservation programs, funding, and state/tribal partnerships

The NHPA also outlines procedural mechanisms used to enforce the statute during project planning and development. Those mechanisms are defined in Section 106.
 

Why is Section 106 important?


Since the inception of the NHPA, Section 106 has been the foundational requirement for federal agencies to “take into account” the effects of their actions on historic properties and places, enabling public participation and comment in the process, empowering state and local governments and Tribal communities to have a voice in the process, and often improving the project and enhancing the outcome.
 

How is it at risk now?


The Advisory Council on Historic Preservation (ACHP) is advancing a sweeping and damaging proposal to rewrite the regulations for Section 106 of the National Historic Preservation Act (NHPA). If implemented, these new rules would dramatically diminish the effectiveness of the NHPA and the current legal protections for historic and cultural places.
 

What can we do?


The best thing to do is learn and read more and stay up-to-date. The best way to do this is to follow the page by the National Trust for Historic Preservation:

https://savingplaces.org/section106

They offer deeper background into Section 106, how it's under threat, what can be done, and the timeline.

HUNI also encourages you to write your elected officials to voice support for historic preservation—especially during the initial phases of a project where the future of old properties and buildings is deliberated.

Saving old places carries extraordinary advantages to our shared society, including economic, environmental, social and cultural, and more. Always remember: once something is gone, it's gone.

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