Proposed changes to a section of the National Historic Preservation Act have sparked vigorous opposition within preservation circles, charging that the changes would put at risk current protections for historic places.
Two weeks ago, the Advisory Council on Historic Places proposed a revision of Section 106 of the NHPA, mandating that federal agencies must evaluate any construction project in terms of its potential impact on historical properties.
Section 106, which has been in place since 1966, specifically requires that the council, as well as the public and relevant parties, be allowed to weigh in on any historic property project.
The current requirement that any given project must seek to “avoid, minimize, or mitigate” the possible negative impact on a historical site would be replaced instead with one stating that projects should take “reasonable mitigation measures.”
Critics of the process now in place have said that it has gotten in the way of development. Earlier this year the American Consumer Institute, in a published opinion, charged that because of Section 106 “too many projects get delayed or cancelled because of loose interpretations, unnecessary steps, litigation loopholes, and/or redundancy.”
The board of directors for the group History Colorado, on the other hand, has said that the proposed changes would “erode the shared national intention of the National Historic Preservation Act, which is our commitment to preserve the places that are important to the American people.”
The Colorado group added that the changes would also “undermine the right of Tribes, states, local governments, descendant communities, and the public to have a say in how federal projects impact the places where Americans live.”
The Architect’s Newspaper last week reported that the Trump administration has “run up against Section 106 protocols” in his moves to build a new White House ballroom, renovate the Kennedy Center for the Performing Arts, and paint the National Memorial Reflecting Pool, among other projects.
If finally approved by the Advisory Council, the revised Section 106 would have to be sent to the Office of Management and Budget, which would then require a 30-day public comment period before a determination is made.
A catalyst for the creation of the NHPA was the demolition of the historic and original Pennsylvania Station in New York, a Beaux-Arts granite and glass structure that was levelled to make way for the new Madison Square Garden.
July 27, 2026
By Garry Boulard
Photo courtesy of Library of Congress
