National Trust for Historic Preservation: Return to home page

Speakers

Moderator: Shaw Sprague, Vice President for Government Relations

Pam Bowman, Senior Director of Public Lands Policy
Christopher Cody, Associate General Counsel
Betsy Merritt, Deputy General Counsel
Lauren Cohen, Associate Director of Government Relations

Links and Resources

• Slide Deck:Defending the National Historic Preservation Act and Section 106
• Senate Hearing Examines Section 106 and the Role of Preservation in Permitting (National Trust Update)
• SPEED Act markup on Thursday 11/20
• Link to 2026 House schedule
• ACHP Program alternatives
• Challenges to the National Environmental Policy Act
• Statement in Response to the Proposed Construction of the White House Ballroom
• 6 Things You Might Not Know About Historic Preservation Offices (But Should!)
• In Their Own Words: Historic Preservation Officers on Why Their Work Matters

Past Webinars

• Federal Advocacy Update—What You Can Do Now (July 2025)
• Navigating Congress and the Administration in 2025 and Beyond (February 2025)

Section 106 101

• Basics of 106 Review
• How You Can Get Involved in a Section 106 Review

On October 29 at 9:30 a.m., the Senate Energy and Natural Resources Committee held a hearing focused on the National Historic Preservation Act (NHPA) and its Section 106 review process. Lawmakers discussed how preservation intersects with federal permitting, reflecting the growing attention to efficiency, consultation, and the balance between development and protection of historic and cultural resources.

Committee Chair Senator Mike Lee (R-UT) opened the hearing by emphasizing that Section 106 was designed as a procedural safeguard, not a barrier to progress, and questioned whether its implementation has expanded beyond the scope Congress had intended. He cited examples of infrastructure and energy projects delayed by lengthy review processes, calling for a recalibrated approach that maintains heritage protection while reducing uncertainty for developers.

Ranking Member Senator Martin Heinrich (D-NM) offered a complementary but distinct perspective, reaffirming that the NHPA ensures federal agencies consider historic and cultural impacts before approving projects. He underscored the importance of consultation with Tribal nations and local communities, noting that adequate federal staffing is essential to efficiently process permits and uphold preservation standards.

Witnesses included Dr. Chris Merritt, Utah’s State Historic Preservation Officer; Mr. Andy McDonald, Environmental Compliance Manager for Montana-Dakota Utilities; and Mr. Steven Concho, Tribal Historic Preservation Officer for the Pueblo of Acoma. Each shared views on how Section 106 operates in practice, addressing the challenges of staffing, consultation timelines, and coordination among agencies and stakeholders.

Members from both sides of the aisle posed questions to the witnesses inquiring about possible refinements to the Section 106 process. While witness views varied on the efficiency and scope of Section 106, when Senator Catherine Cortez Masto (D-NV) asked if any of the witnesses supported eliminating the process altogether, all three affirmed that Section 106 must remain in place as a vital safeguard for historic and cultural resources.

The National Trust submitted written testimony for the hearing record, underscoring the importance of Section 106 as a cornerstone of preservation practice and a critical mechanism for transparency and accountability in federal decision-making.

Download the National Trust's full written testimony (PDF).

The full recording of the hearing and the written testimonies from all three witnesses can be found on the committee website.

On August 4, the National Trust submitted formal comments to the Department of the Interior on its proposed revisions to the implementing regulations of the National Environmental Policy Act (NEPA).

The letter underscored the essential role NEPA plays in safeguarding historic places by requiring federal agencies to evaluate the impacts of their actions and engage the public in decision-making.

We outline our three major concerns: Ensuring Adequate Analysis of Cumulative Impacts to Historic and Cultural Resources, Diminished Community-Driven Engagement, and compressed timelines without safeguards.

NEPA and Section 106 reviews can and should complement each other, and their effectiveness depends on coordinated implementation rather than competing processes.

When these reviews are aligned from the outset, agencies can avoid redundant efforts, reduce delays, and make more informed decisions.

Coordinated implementation allows for a fuller understanding of how proposed federal actions may impact historic properties. These processes in tandem would help to ensure that strategies are developed with meaningful input from State and Tribal Historic Preservation Offices, local communities, and other stakeholders.

The letter, which you can read in its entirety here, contains our 4 recommendations as well:

• Retain meaningful analysis of cumulative and indirect impacts on historic resources, in order to ensure compliance with the National Historic Preservation Act;
• Preserve robust opportunities for early and effective public participation;
• Ensure strong coordination between NEPA and Section 106 of the National Historic Preservation Act;
• Provide adequate time and resources for agencies to conduct thorough environmental and cultural resource reviews.

The National Trust also submitted letters to the Department of Transportation and the Army Corps of Engineers.

As of October 1, the federal government has officially shut down, following Congress’s failure to reach an agreement on a Continuing Resolution (CR) to maintain current funding levels.

The impasse has triggered widespread disruptions, including the furlough of hundreds of thousands of federal workers. The last government shutdown lasted for 35 days in 2018 and into 2019.

For the historic preservation community, the impact could be severe if the shutdown continues. Project reviews are likely to be delayed, grant processing at the National Park Service could slow or come to a halt, and operations at State and Tribal Historic Preservation Offices (SHPOs and THPOs) may be significantly disrupted.

Communities that depend on federal support for preservation initiatives now face heightened uncertainty and potential setbacks.

As of now, many National Parks will remain open to the public, but with reduced staffing and limited programming. Visitors can expect curtailed services.

This ongoing budget standoff underscores a critical truth: preserving our nation’s historic and cultural resources requires stable, long-term federal investment.

We continue to advocate for reliable funding to ensure that preservation efforts are not left in limbo during political gridlock.

The National Trust’s Government Relations team is closely monitoring the impacts of the federal shutdown and ongoing negotiations. We will continue to share updates on our website and social media channels.

If you know of historic preservation efforts directly affected by the shutdown, please let us know by emailing policy@savingplaces.org. Your stories help us highlight the critical role preservation plays in communities nationwide.

Federal agencies are acting quickly to implement changes to the National Environmental Policy Act (NEPA) that will have a significant impact on one of the most important laws protecting our nation’s historic, cultural, and natural resources.

NEPA is a critical component for historic preservation by integrating a review process for federal projects that ensures federal agencies engage in early analysis of project impacts on historic resources and ensure valuable public input prior to their decision-making.

During our webinar last month, we reviewed several of the recent developments related to NEPA along with sharing information about the open public comment period for several federal agencies, including the Department of the Interior, that ended August 4.

The National Trust submitted comments to multiple agencies sharing support for NEPA and its critical role in protecting our shared cultural heritage. We will continue to engage on this issue and share updates when they become available.