Section 106

  • Section 106 of the National Historic Preservation Act of 1966 is one of the most important legal mechanisms protecting America's historic places. It's a big part of how we as a nation preserve the irreplaceable sites where our history happened.

    Section 106 ensures that when the federal government does something that would impact a historic site (construct something, approve permits for construction, lease public property, etc.), steps must “take into account” the effects of the project. This legal protection came about during the 1960s, amid a boom in urban renewal projects, highway construction, and other undertakings that resulted in the widespread demolition of historic resources across America's cities.

    Section 106 essentially requires the federal government to determine if historic places would be harmed before initiating a new project, and to consider ways to either avoid, minimize or mitigate that damage. It also mandates that the federal government provide state, local, and Tribal governments, and members of the public an opportunity to express their views on these matters, through a consultation process.

    Proposals that undergo Section 106 review and consultation tend to result in final projects that are less harmful, and more successful generally, thanks to these commonsense requirements. It's similar to how writing tends to be improved with the outside perspective of an editor.

    Courtesy: National Trust for Historic Preservation, https://savingplaces.org/stories/section-106-frequently-asked-questions

 

CALL TO ACTION

Greater Portland Landmarks, Maine Preservation, and the Maine Historic Preservation Commission oppose the Advisory Council on Historic Preservation's proposed revisions to Section 106, the federal review process that protects historic resources. The changes would gut this critical tool, and preservation organizations nationwide are pushing back.

What you can do now: Call or email the offices of Senator Collins, Senator King, and Representative Pingree. Tell them you oppose the ACHP's revisions to Section 106.

GPL and our partners are drafting Maine-specific language and examples for formal comment letters. For guidance, templates, and talking points, see:

In short, Section 106 protects historic places and without it, we’ll lose them.

The official comment period has not yet opened, but there’s action to be taken now:

  1. Learn more at the National Trust for Historic Preservation, the National Conference of State Historic Preservation Officers, Preservation Action, the National Association of Tribal Historic Preservation Officers, and most news sources such as the Washington Post, CNN, and NPR.

  2. Write to the governor, who needs to hear from thousands of Mainers on this issue. The National Trust has an easy form you can use. It will provide language that you can use or customize.

  3. Write to your elected officials: there’s a form to help with this, too.

  4. Stay tuned. We’ll let you know when the official comment period has opened. When this goes to court, preservation lawyers cite letters submitted during that comment window.