*************Attention*************************************************************** On Wednesday, September 30th, the Senate Energy and Natural Resources and Environment and Public Works Committees released the Bipartisan American Affordability and Jobs Act, which, if passed, would fundamentally alter many of our nation’s long-standing environmental review and permitting processes, including Section 106 of the National Historic Preservation Act. The bill would codify many of the most damaging changes proposed in the ACHP’s revised Section 106 regulations into statute. Together, these efforts represent the most substantial changes to the federal historic preservation program in six decades. Please visit the following links for additional information about how this proposed legislation will impact the Section 106 process, including what will constitute an undertaking, what types of effects are considered, who will no longer have the right to participate, and why identifying and protecting our irreplaceable historic resources will become exponentially more difficult. https://ncshpo.org/2026/10/02/senate-proposal-does-more-than-streamline-section-106/
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On Friday, July 24, the Advisory Council on Historic Preservation voted to approve proposed revisions to 36 CFR Part 800, the regulations governing Section 106 of the National Historic Preservation Act. The Section 106 process requires federal agencies to consider historic, cultural, and archaeological resources during project planning. Consultation has long been central to this process - helping identify potentially affected historic properties, evaluate project impacts, and, when necessary, develop ways to avoid, minimize, or mitigate adverse effects.
The proposed revisions are a significant departure from the current regulations. If adopted, they would narrow the types of projects subject to Section 106 by taking into consideration a smaller range of resources and removing key consultative requirements.
The proposed regulations have been submitted to the Office of Information and Regulatory Affairs for review. If they follow the regular process, they will be published and public comments will be accepted. However, it is possible that the regular process may not be followed.
Our office values the collaborative efforts and relationships formed by the Section 106 process. We consider it an honor to provide a local voice to federal projects, and we hope these aspects of the regulations will be upheld.
The Connecticut SHPO is carefully monitoring these developments in conjunction with our federal and state partners. Both the National Conference of State Historic Preservation Officers and Preservation Action are providing regular updates and we encourage you to visit their websites for additional information and timely updates. Thank you for your time and support.
Jonathan Kinney
State Historic Preservation Officer