Federal Threats to National Historic Preservation Act Section 106

Earlier this month the federal government put forward a draft proposal to rewrite Section 106 of the National Historic Preservation Act. This would be disastrous for the nation’s historical, cultural, and tribal treasures both across the country and at the local level. 

The National Historic Preservation Act was signed into law in 1966 and, for 60 years, Section 106 of this act has provided a framework for any development projects with federal funding to work with preservationists, cultural heritage experts, and tribal nation leaders to preserve and protect culturally significant structures and spaces. The goal of Section 106 has always been to reach consensus between the developers and the affected communities. 

On America’s 250th anniversary, the federal government is now proposing that that consensus -- which has been the foundation of the preservation of countless historical landmarks, the protection of wilderness lands, and more -- is not necessary. According to the draft proposal, agencies would no longer be required by federal law to protect areas of historical, cultural, or tribal significance. It would be at their discretion to consider what is and is not historic, and thus worthy of saving. Developers using federal funds will no longer be required to speak with the communities that their projects will be affecting. If developers choose to set up venues for discussion, the developer will oversee the facilitation. What this means in practice is that the bulldozers can show up and begin tearing down a community cemetery, landmark, or wilderness space without any previous discussion or warning. Once an unspoiled landscape, burial site, or local landmark is destroyed, there is no replacement.

This proposed rewriting of Section 106 deprives communities of their recourse to argue for the importance of their historical and geographical assets. As a result, the only recourse will be protest and litigation. Six decades after the National Historic Preservation Act was signed into law, providing an ethical and balanced pathway to both preservation and development, the federal government is proposing to do away with this precedent. They are instead proposing to replace this key framework of partnership and consensus between communities and the federal government with a new standard that would eliminate the voice of the communities and provide developers with sole discretion over the outcomes of their projects.

Preservation Durham stands in strong opposition to the proposed rewriting of Section 106. At this time, the proposal is only in draft form, but once it has moved through the process and is approved, it will only take another 30 days to go into effect. The time is now for the Durham community to use their voices. If preservation of Durham’s historic landmarks, community cemeteries, cultural heritage parks, and historic neighborhoods is important to you, then we encourage you to use your voice! 

While the prospect of the elimination of Section 106 is gut-wrenching, it is important to know that we are not alone in the fight. The National Trust for Historic Preservation, Cultural Heritage Partners LLC, the National Association of Tribal Historic Preservation Officers, and the National Conference of State Historic Preservation Officers are all in collaboration to prevent the elimination of Section 106. Here are ways that you can also get involved: