Section 106 Advocacy
Critical Proposed Changes to the National Historic Preservation Act (1966)
Latest Update
Senate Bill Would Make Section 106 Consultation Optional
November 4, 2026
The Bipartisan American Affordability and Jobs Act of 2026 (S. 5653), a Senate permitting reform bill that could come to a vote as early as November 9, contains a historic preservation title that would gut core protections of the National Historic Preservation Act. The bill would make most state and local consultation optional for federally funded projects, sideline Tribal sovereignty, and eliminate review entirely for many categories of projects — including most transportation and HUD projects.
​
Preserve Nashville has reached out directly to Senators Blackburn and Hagerty, urging support for targeted reforms that preserve meaningful consultation, maintain robust review of project impacts, ensure agency accountability, protect Tribal sovereignty, and provide preservation offices with the resources to meet new deadlines. Permitting reform and historic preservation can work together — but not like this.
​
Take action before the vote:
Preserve Nashville Joins National Coalition Letter to Congress
September 1, 2026
Preserve Nashville has joined an unprecedented coalition of more than 600 organizations and tribal governments — representing an estimated 5 million Americans — in signing an open letter to Congress, organized with Cultural Heritage Partners, opposing efforts to dismantle Section 106 through regulation, legislation, and executive action. The coalition is asking Congress to:
-
Reject the ACHP's proposed regulatory rollback of Section 106.
-
Record opposition during OIRA's review and the upcoming public comment period.
-
Reject any statutory changes that weaken Section 106, whether standalone or folded into a broader permitting package.
-
Defend Congress's constitutional authority against executive efforts to sidestep the preservation laws it enacted.
-
Support genuine, data-driven improvements to Section 106 that don't trade away the rights and protections that make the process work.
The letter also states that the coalition will pursue legal action if Congress does not act to block the proposed changes.
​
Preserve Nashville President & CEO David Greider told the Nashville Post that historic preservation decisions need federal support but local control — arguing that Nashville, given its development pressures, understands better than most cities what happens when growth isn't paired with community input, and that a seat at the table on this issue matters.
​
Read the Nashville Post coverage >>
Read the Full Coalition Letter (PDF) >>​
​
​
What's Happening
Section 106 is under threat from two separate directions at once — a regulatory rewrite and a piece of legislation moving through the Senate.
Track 1: The Senate Permitting Bill (S. 5653)​
The Bipartisan American Affordability and Jobs Act of 2026 (S. 5653) pairs permitting reform with a historic preservation title that would fundamentally rewrite Section 106. The bill's provisions would:
​
-
Let federal agencies override preservation. Agencies could unilaterally declare that the purpose of a federal undertaking "outweighs the consideration of historic preservation" at the outset — functionally exempting projects from Section 106 review altogether.
-
Make "no adverse effect" findings unreviewable. Federal agencies could decide on their own that a project will have no adverse effects, with no further consultation or review — even when state and local experts know better.
-
Make Tribal consultation optional. The bill would allow federal agencies to skip consultation with Tribal Nations and would let the Department of the Interior assume the responsibilities of Tribal Historic Preservation Offices.
-
Eliminate review for federally funded projects. Projects receiving federal loans, grants, or other financial assistance — including most transportation and HUD projects — would be exempt from Section 106 review entirely.
-
Ignore impacts that don't meet an undefined threshold. Visual, atmospheric, and audible impacts would be excluded from consideration, and historic resources discovered after consultation begins could simply be ignored.
-
Restrict judicial review. Courts would be prohibited from halting demolition or construction even when an agency is found to have violated the law.
A vote on the Senate floor could come as early as November 9, 2026. Read the National Trust for Historic Preservation's full analysis of the bill's historic preservation title (PDF) >>.
​
​​
​
​
Track 2: The ACHP Regulatory Rewrite
The Advisory Council on Historic Preservation (ACHP) voted on July 24, 2026 to advance a sweeping proposal to rewrite the regulations behind Section 106 of the National Historic Preservation Act, the federal process that gives State and Tribal Historic Preservation Offices, local governments, preservation organizations, and the public a voice whenever a federal project could affect a historic property.
What's at Stake
If adopted, the proposal would let federal agencies decide for themselves whether a project affects historic resources and whether that effect is worth addressing, with public and local input becoming optional rather than required. It would also exclude many federally connected projects from review entirely and narrow what counts as harm to a historic place. Nashville has felt the cost of decisions made without this kind of review before.
The stakes are just as high in the Senate bill, which would write many of these same rollbacks into law — and add new ones the regulatory process alone can't reach. What happens in Washington directly shapes what can happen on Second Avenue, on Jefferson Street, and in Nashville's historic neighborhoods.
​
Section 106 Myth vs. Fact
Permitting reform debates are full of claims about Section 106 that don't hold up to the data. The facts:
-
MYTH: Section 106 reviews are burdensome. FACT: 98 percent of Section 106 reviews find no adverse effect on historic resources. Consultation is what produces these win-win outcomes.
-
MYTH: Section 106 reviews take too long. FACT: The nationwide average for a Section 106 review is just 16 days. Many are completed in a single day.
-
MYTH: Section 106 creates too much litigation. FACT: More than 120,000 federal undertakings are reviewed each year, but only about 7.6 federal court cases with NHPA-related claims are filed annually — a lower risk than being struck by lightning.
-
MYTH: Historic preservation is bad for economic growth. FACT: Preservation is a proven economic development strategy, and 38 states have created historic tax credit programs to leverage it.
​
Image Credit: Nashville Public Art
What Happens Next?
Legislative track (S. 5653): The Senate could vote on S. 5653 as early as November 9, 2026. If the bill passes the Senate, it moves to the House, where the historic preservation title can still be amended. We'll track its progress here and in our e-newsletter.
​
Regulatory track: Current status (as of November 4, 2026): The proposed rule remains under interagency review at the White House Office of Information and Regulatory Affairs (OIRA) — Step 1 below. It has not yet been published in the Federal Register, and the formal 30-day public comment period has not yet opened. We'll update this page and our e-newsletter the moment that changes.
​
Step 1 — OIRA Review
The proposal moves to the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget for regulatory review and potential interagency coordination.
​
Step 2 — Proposed Rule Published
If OIRA review is completed, the ACHP publishes a Notice of Proposed Rulemaking in the Federal Register.
​
Step 3 — Public Participation
This is when formal public comment begins. Tribal consultation, consultation with State Historic Preservation Offices, and comments from local governments, preservation organizations, applicants, and the public become part of the official record.
​
Step 4 — Final Rule Development
The ACHP reviews comments, revises the proposal as appropriate, and prepares a final rule for consideration by the Council.
​
Step 5 — Final Review and Publication
Following a second OIRA review, the final regulation may be published in the Federal Register, typically becoming effective 30 days later.
Credit: National Conference of State Historic Preservation Officers
​
Credit: National Conference of State Historic Preservation Officers
How to Help Right Now...
-
Contact Tennessee's Senators Before the Vote: The Senate could vote on S. 5653 as early as November 9. The National Trust for Historic Preservation's action alert makes it easu to tell Senators Blackburn and Hagerty that you support permitting reform that preserves meaningful Section 106 consultation. Take two minutes to add your voice >>.
-
Prepare Written Comments: Begin preparing to submit substantive written comments on the ACHP's proposed regulatory revisions as soon as the rule is published in the Federal Register. Learn more about preparing those comments from Cultural Heritage Partners here.
-
Contact Your Members of Congress: Preserve Nashville has already added its voice through the national coalition letter above — but individual outreach still matters. Members of Congress hear directly from coalition sign-ons and from constituent calls and emails. If you have a contact in your Representative or Senator's office, reach out to them directly.
-
Stay up to Date: Sign up to receive updates on the latest developments and be notified the moment the comment period opens through our e-newsletter and Advocacy Alerts. Sign up here >>
Additional Resources
On the Senate bill (S. 5653):
-
National Trust for Historic Preservation: Permitting Reform At-A-Glance
-
National Trust for Historic Preservation: Section 106 Myth vs. Fact
-
National Trust for Historic Preservation: Take Action — Tell Congress to Protect Section 106
On the ACHP regulatory rewrite:
-
Nashville Post / WPLN News: Nashville org among those opposing federal historic preservation changes
-
National Conference of State Historic Preservation Officers: The End of Section 106 as We Know It?
-
National Trust for Historic Preservation: Section 106 is Under Threat
-
National Preservation Partners Network: Section 106 Advocacy Alert
-
American Cultural Resources Association: ACHP Draft Proposed Regulations: An Analysis
​
Credit: National Conference of State Historic Preservation Officers
.png)