Since 1966, Section 106 of the National Historic Preservation Act has required federal agencies to consider the effects of federally funded or federally permitted projects on historic and cultural resources before carrying them out. That simple requirement has protected countless historic places while ensuring that communities, preservation organizations, State Historic Preservation Offices, Tribal Nations, and local governments have a meaningful voice in federal decision-making. Now, those protections are threatened.
Last week, the Advisory Council on Historic Preservation (ACHP) has proposed sweeping changes that would fundamentally weaken Section 106 under the guise of "streamlining" federal reviews. If adopted, these regulations would make it easier for federal agencies to approve projects with little or no consultation while reducing oversight of their impacts. The proposal would weaken long-standing requirements to avoid, minimize, or mitigate harm to historic resources.
For FRIENDS of the Upper East Side, this is not an abstract policy debate. Section 106 has been one of our most effective tools in challenging oversized Link5G towers proposed throughout the Upper East Side. It has ensured that preservation organizations and the public have a voice before federally regulated infrastructure is installed near historic districts and designated landmarks. Under these proposed rules, however, the Federal Communications Commission could simply determine that community consultation is unnecessary before decisions are made.
That is not streamlining, it is silencing neighborhood voices by dismantling of one of the nation's most important safeguards for historic preservation.
Beyond telecommunications projects, the proposal would reduce field investigations, redefine mitigation based on technical and economic feasibility, and prioritize expedited project delivery over thoughtful preservation review. These changes would fundamentally alter the practice of cultural resource management and weaken our ability to protect cultural, archaeological, and historic sites.
If approved, the proposed regulations will be published in the Federal Register, triggering a brief 30-day public comment period. That is all the time preservation organizations, local governments, Tribal Nations, and communities nationwide will have to respond to changes that could reshape historic preservation for decades to come.
What You Can Do
- Visit the National Trust for Historic Preservation's action page and urge your governor and members of Congress to oppose these changes.
- Personalize and send FRIENDS' letter to your elected officials.
- Share this information with your community and encourage others to submit comments during the public review period.
The future of Section 106 and the public's role in protecting our shared historic and cultural heritage depends on public engagement now.