Section 106 at Risk: Call Your Senators Before the Crucial Senate Vote
November 9 is a critical moment for the future of historic preservation in America. The Senate is expected to vote on the American Affordability and Jobs Act (S. 5653), which threatens to eviscerate Section 106 and silence vital community participation.
Every call, every message, every voice matters.
On October 15, 1966, President Johnson signed the National Historic Preservation Act (NHPA). The NHPA created the National Register of Historic Places, preservation offices in all 50 states, and the Historic Preservation Tax Incentives Program. It also established Section 106, which requires federal agencies consider preservation values and public input before initiating projects. Through the framework of the NHPA, Washington State has protected historic buildings, cultural spaces, and Tribal sites, ensuring these places remain vibrant stages for community stories, local voices, and shared reflection.
As we celebrate 60 years of the NHPA and its extraordinary legacy of protecting historic places, this milestone is met with sudden urgency. The proposed American Affordability and Jobs Act (S. 5653) aims to fast-track fossil fuels, mining, data centers, and renewables by dramatically undermining historic preservation, public involvement, and conservation safeguards within Section 106. While we recognize that Section 106 can benefit from meaningful reform, this bill goes too far.
The bill would:
- Gut consultation requirements, making consultation with affected communities and Tribal Nations entirely optional before greenlighting projects that damage sacred and historic places
- Impose strict deadlines, giving as little as 60 days to define affected areas and identify historic properties
- Limit the geographic area considered during review
- Remove public participation by eliminating the formal consulting-party role for communities and organizations
- Restrict communities’ and organizations’ legal recourse
- Exempt many federally funded projects from Section 106 review by using an undefined “substantial federal control” standard
- Reduce Tribal Nation participation by only requiring federal agencies to consult them after issuing a report with pre-determined conclusions about historic property impacts
- Allow the demolition of thousands of archaeological, cultural, and historic sites without anyone knowing about the potential loss or having a voice to protect them
Not only is this a betrayal of Congress’s intent when it passed the NHPA 60 years ago, it is also a betrayal of the government-to-government relationship with Tribal Nations. Here at the Washington Trust, we are fully committed to saving Section 106, but we cannot do it alone. Take action today: Call Senator Cantwell and Senator Murray!
Historic Places Need Your Voice
- Call Senator Cantwell and Senator Murray: Ask them to vote NO on the American Affordability and Jobs Act (S. 5653). A direct phone script is: ”Hello, My name is [Your name], and I am a constituent from [City/Zip Code]. I am calling to urge [Senator’s Name] to vote NO on the American Affordability and Jobs Act (S. 5653). Thank you.” If you live outside of Washington State, find your senators here.
- Read the letter to the U.S. Senate from a coalition of national Preservation Organizations: Preservation Coalition Letter on S. 5653
- Stay up to date: Follow the Washington Trust, National Trust, National Conference of State Historic Preservation Officers, Cultural Heritage Partners, and other preservation partners for updates.
- Be prepared: When the public comment period opens, be ready to send comments to the Advisory Council on Historic Preservation.
- Join the fight to save Section 106: Visit 106Strong to discover how you can get involved and watch the Before It’s Gone video below.
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