Historic Preservation Law: 60-Year-Old Act in Peril

The historic preservation law that has safeguarded America’s landmarks for six decades is facing what advocates call an existential threat — and it comes on the very anniversary of its signing. On October 15, 1966, President Lyndon B. Johnson signed the National Historic Preservation Act, declaring the country was giving “part of our country back to its people.” Sixty years later, preservationists say the government is trying to take that public power away.

The law created the National Register of Historic Places, which now lists more than 100,000 sites, and established the Section 106 review process, requiring federal agencies to consult with states, tribes, and the public before projects that could harm historic places.

Rule Changes and a Senate Bill

The pressure is coming from two directions. In July, the Advisory Council on Historic Preservation proposed revisions to the Section 106 regulations, following a January 2025 executive order on deregulation. Advocates say the changes would make public and state input optional, effectively gutting the review process.

Separately, a Senate “permitting reform” bill — S. 5653, introduced September 30 — includes historic preservation provisions that preservation groups say would drastically shrink the role of state and tribal historic preservation offices and eliminate public participation. A Senate vote is expected as early as November 9.

Advocates Rally as Protections Weaken

The National Trust for Historic Preservation, led by president and CEO Brent Leggs, says the last year and a half has seen the federal government divest from preservation. The Trust has pointed to the demolition of the White House East Wing for a planned ballroom addition and battles over the Kennedy Center as evidence that federal safeguards are in jeopardy. Nearly 700 tribal nations, organizations, and governments have joined a coalition defending Section 106, representing more than seven million Americans.

Source: NPR