Contributed by: Preservation Action
Organization: Preservation Action
Dated Posted: June 16, 2026
Website: Visit External Site

As seen in recent reporting, the National Historic Preservation Act (NHPA) is increasingly at the center of ongoing permitting reform negotiations. For the last several months, the Senate Energy and Natural Resources Committee has been spearheading the effort to draft bipartisan permitting reform legislation with the goal of accelerating infrastructure projects. As part of the broader debate, Senators are considering potential changes to the NHPA. While both sides recognize the importance of safeguarding historic resources, some feel the process has become too unpredictable and led to stalled projects. While others are open to improving the process to make it more efficient and predictable but are weary that changes could undermine the underlying law.

As Congress debates potential changes, Preservation Action and our preservation partners are working to educate lawmakers on how the Section 106 process works and dispel myths and misunderstandings. As the data highlights, Section 106 reviews are largely a straightforward process. 98% of federal undertakings result in findings of no-adverse impacts to historic resources. Additionally, State and Tribal Historic Preservation Offices are already required to review and respond to projects within 30 days and most are completed even quicker.

We are also recommending several actions that would actually speed up project delivery including:

• Provide sufficient funding for SHPOs and THPOs that reflect the workload.
• Support adequate levels of qualified staff at federal agencies
• Invest in technology improvements for SHPOs and THPOs to increase efficiency
• Promote the use of Programmatic Agreements to streamline reviews

These improvements would save time and money and make the review process more predictable, while ensuring historic and cultural resources are considered in the process. For more, you can review Preservation Action's testimony ahead of the Senate Energy and Natural Resources Committee's October hearing on Section 106 and our Permitting with Purpose one-pager used during National Historic Preservation Advocacy Week in March. Stay tuned for more.