Dear friends,
I’m writing to raise awareness on Section 106 of the National Historic Preservation Act, which is under threat due to proposed changes to the Bipartisan American Affordability and Jobs Act of 2026. These proposed changes could significantly weaken historic preservation efforts across the country.
Enacted in 1966, Section 106 requires federal agencies to consider how their projects (anything federally funded, permitted or licensed) affect historic places, and to consult with communities and stakeholders before deciding. It does not stop progress or prevent development. It ensures agencies identify historic resources, consider impacts, consult, and look for ways to avoid or minimize unnecessary harm.
The bill would weaken Section 106 by:
- Making consultation optional for many projects
- Making less historic resources eligible for review and the threshold for protection higher
- Making it more difficult to pursue legal remedies when the process isn’t followed
NRF was founded in 1968, when urban renewal threatened to erase centuries of Newport’s architectural and cultural heritage. Protecting historic resources is central to the vision of NRF founder Doris Duke. That mission continues today through our stewardship of irreplaceable 80+ 18th-and 19th-century properties and landscapes that tell the story of Newport and the nation. Weakening Section 106 would make our historic sites vulnerable to the threat of demolition—just as they were nearly six decades ago.
The Bipartisan American Affordability and Jobs Act of 2026 (S. 5653) is a permitting reform bill that was introduced in the Senate this past September. The bill writes new procedures and deadlines into law for federal reviews, including Section 106 of the National Historic Preservation Act. A vote is expected in November.
The Newport Restoration Foundation is part of a coalition of 1000+ preservation organizations opposed to weakening Section 106.
For 60 years Section 106 has shown that preservation and progress can move forward together. NRF opposes weakening Section 106: this provision should be protected, strengthened and adequately funded. I encourage you to learn more about the impact of the proposed changes to Section 106 on you and your community, and the risks these changes will bring to future historic preservation work.
Sincerely,
Hilary Fagan
NRF Executive Director
For additional information and resources:
Preserve RI: Sixty Years of Section 106: Will We Let it Be Slashed
National Trust for Historic Preservation: Section 106 Under Threat | National Trust for Historic Preservation
