On October 15, 1966, President Lyndon Johnson signed the National Historic Preservation Act (NHPA)—the foundational law for preserving cultural and historic resources in the United States. Sixty years later, its core promise still holds: before the federal government builds, funds, or approves a project, it has to ask the community first.
Today, that promise faces threats on three fronts.
Voting is expected in early November 2026 on a permitting reform bill (S. 5653) which would make much of Section 106 consultation optional. While the bill appropriately advances certain aspects of the federal permitting process, like establishing timelines for federal agency compliance, other changes would significantly undermine a founding premise of the National Historic Preservation Act—ask the community first.
In July 2026, the Advisory Council on Historic Preservation (ACHP) advanced a sweeping and damaging proposal to rewrite the regulations for Section 106 of the NHPA, one that would make consultation with the public and Tribal Nations optional. Members of the public are strongly encouraged to participate in the comment process when it opens.
Authorization of the Historic Preservation Fund expired in September 2023 after Congress failed to act. The HPF funds State and Tribal Historic Preservation Offices and provides grant funding for key national preservation programs. Lack of authorization and limited funding weaken the NHPA and the ability of SHPOs and THPOs to fulfill their roles as set out in the NHPA.
The National Historic Preservation Act establishes a national preservation program and a system which encourages the identification and protection of cultural and historic resources of national, state, tribal, and local significance. It also provides pathways for the public’s voice to be heard through partnerships with state and local governments, Tribal nations, and Native Hawaiians, and helps communities expand and accelerate their historic programs and activities.
As the primary federal law governing the preservation of cultural and historic resources in the United States, the NHPA:
Through the Historic Preservation Defense Fund, the National Trust works to provide foundational investment and support for a united preservation movement and a shared defense against current and emerging threats, such as those against the National Historic Preservation Act. The HPDF provides resources for legal defense, public advocacy, and community action where and when historic places and the laws that protect them are under threat. Learn more about the HPDF and ways you can get involved.