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Section 106 of the National Historic Preservation Act (NHPA) is Facing the Most Significant Regulatory Threat of its Nearly 60-Year History
Section 106 of the National Historic Preservation Act (NHPA) is facing the most significant regulatory threat of its nearly 60-year history.
On July 24, the Advisory Council on Historic Preservation (ACHP) voted to advance a proposed rewrite of the Section 106 regulations that would make public comment optional, narrow the definition of historic properties eligible for federal review, and substantially weaken Tribal consultation requirements.
The National Trust for Historic Preservation, the National Conference of State Historic Preservation Officers (NCSHPO), and the National Association of Tribal Historic Preservation Officers (NATHPO) have all formally opposed the proposal.
Section 106 of the NHPA determines the process to assess the potential impacts of federal undertakings (e.g., federally funded or licensed projects) on historic properties. This is intended to enable local, state, and federal stakeholders to review proposals that may adversely affect historical properties and collectively propose strategies to mitigate these effects. Section 106 does not give parties the right to veto proposals, but rather, it mandates a process that includes input from historical experts, local communities, and state and tribal offices when considering such proposals. This is an invaluable tool for historic preservation efforts across the country and has helped protect countless historic properties and cultural heritage sites for more than half a century.
Consider what it has made possible right here in Massachusetts: in 2015, a Section 106 review brought together the Town of Aquinnah, the National Park Service, the U.S. Coast Guard, and the Wampanoag Tribe of Gay Head to negotiate a path forward for the beloved Gay Head Lighthouse—a structure perched at the edge of eroding cliffs on Martha's Vineyard. The outcome was the successful relocation of the lighthouse 129 feet inland, along with permanent preservation covenants for the site. Without Section 106, that negotiation and that result may never have happened. (Photo above courtesy of Rene Cizio)
That is one story. There are hundreds more across the Commonwealth. And we want to hear yours.
Preservation Massachusetts has launched a new effort to collect Massachusetts-based Section 106 Success Stories, and we are asking everyone—preservation professionals, commissioners, municipal officials, Tribal representatives, and community advocates across the state—to contribute. Whether you helped negotiate mitigation for a highway project, secured documentation of a demolished mill, or watched a Section 106 review change the outcome of a federal undertaking in your town, your experience is evidence of why this process matters and why weakening it would be a devastating loss for communities across Massachusetts and the nation.
Stories submitted will help reinforce the case to federal decision-makers about the value of Section 106 as it currently exists.
Submit Your Section 106 Success Story: https://forms.gle/UYfwbeCfbsUX7Yp67?ct=t(EMAIL_CAMPAIGN_6_9_2020_13_58_COPY_04)&mc_cid=cec4acac98&mc_eid=8cdf7b4800
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