- October 27, 2026
- Kelly C. Ruffel
Preservation New Jersey continues to monitor proposed federal legislation that could significantly change how historic and cultural resources are considered during federally funded, licensed, or approved projects.
The Bipartisan American Affordability and Jobs Act of 2026 (S. 5653) proposes substantial changes to the federal permitting process, including provisions affecting Section 106 of the National Historic Preservation Act (NHPA). Preservation organizations across the country have raised concerns that these changes, as currently drafted, could weaken longstanding protections for historic properties, limit public participation, and reduce opportunities for meaningful consultation.
Section 106 has been a cornerstone of federal historic preservation policy since 1966. It requires federal agencies to consider the effects of their undertakings on historic properties and provide opportunities for consultation with State Historic Preservation Offices, Tribal Nations, local governments, and other interested parties.
While improving the efficiency of federal permitting is an important objective, preservation advocates emphasize that reforms should maintain meaningful consultation, transparency, and accountability.
National Preservation Coalition Sends Letter to U.S. Senators
On October 21, 2026, a coalition of national historic preservation organizations, including the National Trust for Historic Preservation, National Preservation Partners Network, Preservation Action, and other preservation partners, submitted a letter to members of the U.S. Senate expressing concerns about the historic preservation provisions of S. 5653.
The coalition acknowledges the importance of improving federal permitting efficiency but argues that the legislation, as drafted, would narrow the scope of historic preservation review, diminish opportunities for consultation, and grant federal agencies greater discretion in determining how historic resources are considered.
The letter calls for substantial revisions to the proposed provisions and greater collaboration with preservation organizations, Tribal Nations, state agencies, and local governments.
Read the Preservation Coalition Letter:
https://savingplaces.org/section106/updates/preservation-coalition-letter-s5653
Understanding the Proposed Changes to Section 106
Among the principal concerns identified by national preservation organizations are provisions that could:
- Narrow the range of historic properties and project impacts subject to federal review.
- Limit opportunities for public participation and consultation with Tribal Nations, State Historic Preservation Offices, and local communities.
- Expand federal agency authority to make certain preservation-related decisions without meaningful consultation.
- Reduce requirements for addressing adverse effects on historic resources.
- Restrict opportunities for judicial review of federal agency decisions.
These changes could have implications for historic buildings, archaeological sites, cultural landscapes, and other significant resources throughout New Jersey and across the country.
Read the National Trust’s Analysis of the Proposed Legislation:
https://savingplaces.org/section106/updates/principal-objections-historic-preservation-baaja-s5653
Resources for Understanding and Responding to Federal Permitting Reform
On October 21, 2026, the National Trust for Historic Preservation hosted a webinar, Section 106 Under Threat: Understanding and Responding to Federal Permitting Reform, examining the proposed legislation and its potential consequences for historic preservation.
The discussion included an analysis of the bill’s provisions, the federal legislative process, and resources available to individuals and organizations seeking to better understand the proposed changes.
The National Trust has made the webinar recording, presentation materials, legislative analysis, and additional advocacy resources available online.
Watch the Webinar and Access Additional Resources:
https://savingplaces.org/section106/updates/understanding-and-responding-to-federal-permitting-reform
Stay Informed and Make Your Voice Heard
As Congress considers federal permitting reform, Preservation New Jersey encourages its members, local historic preservation commissions, historical societies, preservation professionals, and community advocates to remain informed about the proposed legislation and its potential implications.
Individuals and organizations interested in participating in the legislative process can review the proposed legislation, examine the coalition’s concerns, and communicate their perspectives to their elected representatives.
Additional resources include:
- National Trust for Historic Preservation — Section 106 Resources: https://savingplaces.org/section106
- National Preservation Partners Network — Federal Advocacy Updates: https://prespartners.org/joint-advocacy/
- Preservation Action — Permitting Reform Legislative Updates: https://preservationaction.org/pa-opposes-permitting-bill/
- National Trust — Webinar Recording and Advocacy Materials: https://savingplaces.org/section106/updates/understanding-and-responding-to-federal-permitting-reform
As the National Historic Preservation Act marks its 60th anniversary in 2026, the discussion surrounding Section 106 underscores the continuing importance of federal preservation policy and public participation in decisions affecting our shared historic and cultural heritage.
Preservation New Jersey will continue to monitor developments and share updates and resources as the legislative process moves forward.
