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For more than 50 years, Section 106 of the National Historic Preservation Act has provided a practical framework for balancing progress with preservation. Contrary to common misconceptions, Section 106 does not stop projects. Instead, it requires federal agencies to identify historic and cultural resources, consult with interested parties, consider alternatives, and seek reasonable solutions before irreversible decisions are made.
Arizona has long demonstrated that this collaborative approach works. From transportation improvements and renewable energy projects to public lands management, military installations, mining, water infrastructure, broadband expansion, and disaster recovery, Section 106 has helped agencies, Tribal Nations, the Arizona State Historic Preservation Office (SHPO), local governments, property owners, preservation organizations, and project applicants work together to avoid unnecessary conflicts while keeping projects moving forward. Also, the requirement for public consultation is eliminated in the proposed new regulations.
A proposed rewrite of the Section 106 regulations (36 C.F.R. Part 800) would represent the most significant change to the review process in decades. Rather than refining the existing system, the proposal would give federal agencies unilateral decision making authority if consultation requirements are eliminated.
For Arizona, the implications could be substantial.
Arizona is home to countless archaeological sites, hundreds of National Register-listed properties, dozens of federally recognized Tribal Nations with deep cultural connections to the land, and millions of acres of federally managed public lands. Federal decisions routinely affect places that are historically, culturally, and spiritually significant. The current consultation process ensures that expertise from SHPO, Tribal Historic Preservation Offices (THPOs), local governments, preservation organizations, and the public is considered before projects are finalized.
The proposed regulations would diminish many of those opportunities. Local governments would no longer have an assured role in consultation, preservation organizations and community groups would lose their status as consulting parties, and public or CLG participation would simply not occur. Federal agencies would gain greater authority to determine when Section 106 applies, how historic properties are evaluated, what effects are considered significant, and whether mitigation is necessary.
Just as concerning, broad categories of federally assisted or federally connected projects could be excluded from Section 106 review altogether.
In a state like Arizona – where federal land ownership, Tribal interests, and historic resources frequently intersect – fewer reviews would mean fewer opportunities to identify important resources, avoid impacts, and develop solutions before construction begins.
Arizona’s preservation community has consistently demonstrated that collaboration produces better outcomes. Over the years, Section 106 consultation has helped document archaeological sites, modify transportation alignments, protect historic buildings, avoid impacts to culturally significant landscapes, and strengthen relationships among federal agencies, Tribal Nations, state agencies, local governments, and nonprofit organizations. These successes have not delayed progress – they have improved it.
This proposal deserves careful review and thoughtful public discussion. Any effort to improve efficiency should preserve the core principle that has made Section 106 successful: meaningful consultation among all parties with knowledge, expertise, and a stake in protecting our shared heritage.
Call to Action
The Arizona Preservation Foundation encourages preservation professionals, Tribal representatives, local governments, elected officials, neighborhood organizations, archaeologists, architects, historians, and all Arizonans who value our state’s cultural heritage to closely follow this proposed rulemaking process. Learn what is being proposed at the federal level, share the information with your networks, and submit thoughtful comments during the federal review period.
Specifically,
Arizona’s historic places tell the story of more than 13,000 years of human history. Ensuring that these places are identified and thoughtfully considered before federally funded or federally permitted projects move forward benefits everyone. The future of amendments to Section 106 should strengthen collaboration – not diminish it.
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