ASLA Unveils the “Section 106 Action Toolkit” to Conference Attendees

Access the ASLA "Section 106 Action Toolkit"

During the recent Conference on Landscape Architecture, ASLA released Section 106: An Action Toolkit to help landscape architects who are outraged by recent efforts to weaken Section 106 review to act. To a standing room only crowd on the Expo Floor, ASLA walked participants through the toolkit, including How to Submit Public Comments, Section 10 talking points, and other resources.

As previously reported, the Advisory Council on Historic Preservation (ACHP) voted to pass a sweeping rewrite of the regulations implementing Section 106 of the National Historic Preservation Act (36 C.F.R. Part 800). Key concerns raised about the rewrite include:

• Making consultation with State Historic Preservation Offices (SHPO) and Tribal Historic Preservation Offices (THPO) optional.
• Making public participation discretionary rather than mandatory.
• Changing which types of projects trigger Section 106 review.
• Narrowing the scope of impacts that may be considered adverse effects.

The ACHP's decision does not mean the regulations have been finalized or that the proposed changes are currently in effect. The draft notice of proposed rulemaking (NPRM) is now going through an interagency review by the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB). Following that review, the proposed rule is expected to be published in the Federal Register for public comment. Once the public comment period begins, landscape architects can use the toolkit to draft and submit official comments to the Federal Register.

ASLA's Historic Preservation Professional Practice Network leaders have provided some talking points that may be used to "guide" advocates' comments. However, for this NPRM, landscape architects should not copy language verbatim but should submit individual and personalized comments about why Section 106 review is important to them, their projects, and the communities they serve. The toolkit also includes background information, a step-by-step guide to submitting public comments, links to the Historic American Landscapes Survey (HALS) documented sites, and more.

ASLA is continuing to monitor the Federal Register and will inform members when the proposed rule is announced and comments may be submitted.

Access the "Section 106: An Action Toolkit" HERE.