The National Trust for Historic Preservation today expressed strong opposition to the proposed historic preservation provisions of the congressional permitting reform bill (Bipartisan American Affordability and Jobs Act of 2026) as currently drafted and urged lawmakers to make critical changes before advancing the bill.

"Permitting reform should make government work better - not make historic places invisible in the process, and while we recognize the legitimate goal of making federal permitting more predictable, efficient, and timely, these provisions would threaten long term protections for our nation's historic and cultural resources and go far beyond simple streamlining of the Section 106 process," said Shaw Sprague, Vice President of Government Relations at the National Trust.

"The bill would dramatically narrow the historic and cultural properties and projects that are subject to review, fundamentally alter consultation with Tribal Nations and other stakeholders, expand unilateral federal agency authority, and significantly constrain judicial review."

Most startling, the proposal would give federal agencies significant authority to end the Section 106 process based on their own unilateral determination that other considerations outweigh historic preservation. Consultation could effectively end when a consulting party does not respond within prescribed deadlines, with the agency permitted to proceed without reconsidering earlier findings. These provisions risk transforming consultation from a meaningful opportunity to identify concerns and develop solutions into a largely procedural exercise.

The legislation would also substantially redefine what constitutes an "adverse effect" on historic properties and exclude many visual, atmospheric, and audible effects unless they meet a significantly higher evidentiary threshold. In addition, it would exclude certain effects on portions of historic properties and narrow the definition of an "undertaking," primarily by excluding review for projects that receive federal financial assistance.

The bill significantly limits judicial review by requiring courts to give substantial deference to federal agencies, generally restricting remedies to remand, and imposing a 150-day deadline for bringing certain claims.

Particularly concerning are the provisions affecting Tribal Nations, Tribal Historic Preservation Officers, and properties of traditional religious or cultural importance. Section 106 works because it brings federal agencies together with Tribal Nations, states, local governments, communities, and other stakeholders to identify historic and cultural resources, understand potential impacts, and find practical ways to avoid, minimize, or mitigate harm. The legislation should ensure that tighter timelines strengthen that process rather than diminish meaningful participation.

While the National Trust opposes many of the proposed changes, it does support efforts to improve the implementation of Section 106 of the National Historic Preservation Act. Clear timelines, early coordination, designated lead agencies, better integration with the National Environmental Policy Act, and expanded use of programmatic agreements can make the process more predictable while preserving its essential purpose. The National Trust was pleased to see several provisions in the bill that could advance those goals.

In addition, the National Trust recognizes and supports important investments in historic preservation contained in the legislation. The bill would authorize $200 million annually for the Historic Preservation Fund from fiscal years 2027 through 2036 and authorize $20 million annually for fiscal years 2027 through 2030 for grants to Tribal Historic Preservation Officers to develop databases documenting Tribal historic preservation records and properties of traditional religious or cultural importance. These investments have the potential to provide critical resources to state and Tribal preservation programs and help build the capacity necessary for a more efficient and effective Section 106 process.

The National Trust believes Congress can make federal permitting more predictable and efficient without weakening the nation's commitment to its historic places or diminishing the voices of the people who care for them. The National Trust urges lawmakers to work with the preservation community, Tribal Nations, states, local governments, and other stakeholders to revise these provisions so that they improve the Section 106 process rather than narrow its purpose. In particular, the National Trust is urging lawmakers to:

• Preserve meaningful consultation. Establish clear timelines for consultation while ensuring that federal agencies must meaningfully seek, consider, and respond to information provided by Tribal Nations, SHPOs, local governments, communities, and the American public.
• Narrow new exclusions. Ensure that exclusions for visual, atmospheric, and audible effects, federal financial assistance, and other categories do not inadvertently remove significant historic properties or impacts from consideration.
• Protect the integrity of Section 106. Avoid redefining "adverse effect" or "undertaking" in ways that unnecessarily narrow the scope of the law.
• Constrain unilateral agency authority. Require transparency and accountability when an agency determines that other considerations outweigh historic preservation rather than allowing that determination to rest solely within the agency's discretion.
• Maintain meaningful judicial review. Preserve an effective avenue for courts to ensure that federal agencies comply with the law.
• Pair efficiency with capacity. Provide the resources, staffing, training, and technical assistance necessary for SHPOs, THPOs, federal agencies, and the Advisory Council on Historic Preservation to meet accelerated timelines.
• Protect Tribal participation and cultural resources. Ensure that reforms recognize the unique role of Tribal Nations and provide meaningful opportunities for Tribal consultation, particularly concerning properties of traditional religious or cultural importance.