UPDATE: Oct. 29. 2025
The Senate Energy and Natural Resources Committee held a committee hearing to “examine the Section 106 consultation process under the National Historic Preservation Act (NHPA).” Preservation Action along with several of our national partners attended and worked to educate members of the Committee ahead of the hearing on the importance of the NHPA and effectiveness and efficiency of the Section 106 process.
Thank you to everyone that took action! It is clear your advocacy had an impact. We will continue to educate members of Congress on the importance of NHPA and push back on any attempts to weaken this critical law. Preservation Action submitted written testimony for the record. You can review our testimony here. Stay tuned for more!
You can watch the full hearing and read testimony from the witnesses here.
The Senate Energy and Natural Resources Committee announced this week they would hold a full committee hearing to “examine the Section 106 consultation process under the National Historic Preservation Act (NHPA).” We are still awaiting more details, but the hearing is scheduled for Wednesday, Oct. 29th at 9:30am and will be broadcast on the committee’s website. Preservation Action will be there and is working closely with our partners to educate Senate offices.
We need your voice! Senators, especially Senators that serve on the Senate Energy and Natural Resources Committee, need to hear from you about the importance of the National Historic Preservation Act and the success of the Section 106 process. See suggested talking points below.
Overview
The NHPA, enacted in 1966, created the national framework that allows us to identify, protect, and celebrate the historic places that tell America’s story. The Act established State and Tribal Historic Preservation Offices (SHPOs & THPOs) and the Advisory Council on Historic Preservation (ACHP) — building a partnership that connects local voices to federal decision-making. Section 106 review ensures that federal projects consider their impacts on historic and cultural resources before decisions are made — keeping communities, Tribal Nations, and preservationists at the table.
In recent years, some federal lawmakers have sought to create more “efficiencies” in the federal permitting process, including changes to the National Environmental Policy Act, legislative efforts that exempt certain federal undertakings from the NHPA, and more recently the declaration of an Energy Emergency, which allows for sped up Section 106 review times for energy related projects.
While we appreciate the opportunity to discuss ways the process could be improved and no process is perfect, Section 106 continues to be a highly effective collaborative process with a proven track record of efficiency and success.
Talking Points
- Balancing preservation with progress:
Section 106 does not stop or block projects — it ensures that federal agencies consider historic properties early in project planning and seek ways to avoid, minimize, or mitigate adverse effects. - Efficient and predictable:
Despite reviewing thousands of federal undertakings annually, the vast majority are completed quickly and efficiently by SHPOs and THPOs without delay. In Washington state for example, out of more than 5,000 Section 106 reviews performed by the SHPO in FY25, only 8% found adverse effects and the average review response time for undertakings was 3.7 days. - Built-in flexibility:
Section 106 regulations have built-in flexibility that can improve effectiveness and efficiency. Program alternatives, like Programmatic Agreements, allow agencies to expedite review for routine or recurring project types — saving time while ensuring preservation values are upheld. - Encourages early planning and smarter project design:
When agencies integrate Section 106 early, they can avoid costly redesigns or litigation by addressing historic preservation concerns upfront. - Proven record of success:
Section 106 has facilitated countless successful federal projects — highways, energy infrastructure, housing, and more — while protecting historic places of national and community importance. Check out some Section 106 success stories. - Continued Investment in the preservation of our nation’s history:
Especially as we prepare to commemorate the 250th anniversary of our nation, the 60th anniversary of the NHPA, and the 50th anniversary of the Historic Preservation Fund in 2026, we should be investing in preserving our nation’s history. Increased funding for SHPOs and THPOs would enhance staffing, technology, and consultation capacity, helping them process reviews more efficiently, and keep pace with growing federal project demands.
Take Action
Contact your Senators, especially if your Senator serves on the Senate Energy and Natural Resources Committee (listed below), and let them know why the National Historic Preservation Act is important and how the Section 106 process has worked effectively and efficiently in your state. Use the talking points above and provide local examples of Section 106 successes.
If you have a personal contact in your Senator’s office, contact them directly. If that contact does not handle Public Lands or Natural Resources issues, ask them to share your message with the appropriate staff person in their office.
You can contact your Senator’s office by calling the Capitol switchboard at (202) 224-3121 and ask to be connected to your Senator’s office. If you need any help finding staff contacts, feel free to reach out to Rob Naylor at Preservation Action (rnaylor@preservationaction.org).
Senators on the Energy and Natural Resources Committee:
Sen. Mike Lee (R-UT)
Sen. Martin Heinrich (D-NM)
Sen. John Barrasso (R-WY)
Sen. Ron Wyden (D-OR)
Sen. James Risch (R-ID)
Sen. Maria Cantwell (D-WA)
Sen. Steve Daines (R-MT)
Sen. Mazie Hirono (D-HI)
Sen. Tom Cotton (R-AR)
Sen. Angus King (I-ME)
Sen. David McCormick (R-PA)
Sen. Catherine Cortez Masto (D-NV)
Sen. Jim Justice (R-WV)
Sen. John Hickenlooper (D-CO)
Sen. Bill Cassidy (R-LA)
Sen. Alex Padilla (D-CA)
Sen. Cindy Hyde-Smith (R-MS)
Sen. Ruben Gallego (D-AZ)
Sen. Lisa Murkowski (R-AK)
Sen. John Hoeven (R-ND)
Additional Resources
National Conference of State Historic Preservation Officers: Federal Permitting Process Under a Microscope
American Cultural Resources Association: Take Action Now: Senate Hearing on Section 106
Advisory Council on Historic Preservation: Section 106 Review Process Handout
Advisory Council on Historic Preservation: Section 106 Success Stories
Stay tuned for more….
