A bipartisan group of Senators unveiled the American Affordability and Jobs Act of 2026 (S. 5653), which proposes major changes to National Historic Preservation Act (NHPA) and other environmental laws with the goal of accelerating the permitting process for infrastructure projects. This bill constitutes the most significant changes to the National Historic Preservation Act and the Section 106 process in the law's history. It would substantially weaken protections for historic places under Section 106 , curtailing consultation with State and Tribal Historic Preservation Offices, limiting what constitutes an undertaking, imposing rigid deadlines, and narrowing adverse effects.

Join us in urging Congress to reject provisions that weaken critical historic preservation protections and oppose the Senate's permitting reform as currently drafted.

Section 106 of the NHPA is the foundational requirement for federal agencies to take into account a federal project's impact on historic resources by providing State, Tribal, and local governments and the public with a voice in the process, but does not mandate an outcome. The Section 106 process has worked effectively and efficiently, leading to better project outcomes.

Here are some of the harmful provisions included in the bill:

• Compresses and weakens the consultation process with State and Tribal Historic Preservation Offices, Tribal Nations, local governments and cuts the public out of the process.
• Narrows what constitutes a federal undertaking, limiting which projects would even require review.
• Narrowly redefines what is considered an “adverse effect” on a historic property.
• Dramatically limits judicial review.
• Imposes harsh leverage over State and Tribal Historic Preservation Offices.
• Exempts certain categories of transmission, pipeline, and nationwide permitting activities from Section 106 reviews

This bill was largely negotiated behind closed doors and Senators are looking to fast track the bill without a usual committee hearings process. While the House and Senate out until after the midterm elections, the Senate is expected to move very quickly on this bill when they return on Nov. 9th. We need your voice to fight back against threats to critical historic preservation protections.