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

As we've seen in other bills, historic preservation reviews have increasingly been targeted in efforts to accelerate infrastructure projects. The recently introduced Build America 250 Actcontains harmful provisions that would exempt a huge number of transportation projects from important historic preservation reviews. This bill includes provisions that directs guidance for transportation projects to rely on the Advisory Council on Historic Preservation's controversial Program Comment for Certain Housing, Building, and Transportation Undertakings. As Preservation Action noted in our written comments along with other preservation organizations when the Program Comment was approved in 2024, one of the key issues was that the Program Comment conflicted with existing state-specific Programmatic Agreements for Section 106 reviews.

Preservation Action along with several preservation partner organizations sent a letter asking Congress to strike those harmful provisions from the Build America 250 Act and instead urged lawmakers to strengthen and continue the use of Programmatic Agreements. These agreements were developed through consultation with State and Tribal Historic Preservation Offices (S/THPOs), federal agencies, and other stakeholders and provide a proven framework for efficient project delivery while ensuring impacts to historic and cultural resources are appropriately considered.

In the letter we push back against the idea that historic preservation reviews are driving delays for infrastructure projects. In fact, the vast majority of federal undertakings are reviewed in a matter of days and 98% of projects result in findings of no-adverse impact to historic resources.

A key reason for these efficiencies is the use of Programmatic Agreements. These are already utilized by the Federal Highway Administration Division Offices and the vast majority of state Departments of Transportation and have a strong track record of delivering efficient project review and protecting historic resources. These agreements can be tailored to the specific characteristics of a state instead of a one size fits all solution, ensures that the communities with the most knowledgeable on the state's historic and cultural resources are consulted in the process, and allows for these agreements to be amended or updated without having to wait on Congress for statutory changes.

As drafted, the provisions in Build America 250 instead would actually create more uncertainty, open up projects to litigation causing unnecessary delays, and would cut states, Tribes, communities and other stakeholders out of the process undermining their ability to protect our historic resources.

The Build America 250 Act was passed by the House Committee on Transportation and Infrastructure. The Senate has yet to introduce their version of this bill. Preservation Action will continue to advocate for the importance of historic preservation reviews as Congress looks to accelerate infrastructure projects. Read the Preservation Partners letter below and stay tuned for more.