History Matters: Section 106

With contributions by Carole Nash, Ph.D., RPA

For sixty years, the National Historic Preservation Act (NHPA) has protected our cultural heritage in the United States. Signed by President Lyndon Johnson in 1966, the law was a bipartisan effort to preserve places of significance in our nation’s history.

At a time when federally funded infrastructure and urban renewal projects were rapidly destroying these places, NHPA was enacted to provide a process for evaluating impacts and involving the public in decision-making.

This is the law that created the National Register of Historic Places, for example. This is also the law that instituted a review process, known as Section 106, to ensure that federal agencies consider the effects of federally permitted or funded activities on historic properties. Consultation is built into every part of the Section 106 process: State Historic Preservation Offices such as the Virginia Department of Historic Resources, Tribal Nations, local governments, historical societies, and stakeholders can weigh in.

The Impact of Historic Preservation Close to Home:

  • Rockingham County and the City of Harrisonburg have 59 properties and districts listed on the National Register.
  • Doors are opened for tax credits that have allowed the renovation and adaptive reuse of buildings like the Bradley and Sons Foundry in Harrisonburg.
  • Archaeologists have documented over 500 sites that range in age from 12,000-year-old Native American sites to CCC camps from the 1930s. A 2007 Rockingham County planning report identified 453 archaeological sites in the county alone.
  • Citizens can rely on the Virginia Department of Historic Resources to provide guidance on establishing historic districts such as the newest one in Mount Crawford in Rockingham County.
  • Virginia has a vibrant historic tourism economy that continually expands to tell the stories of communities.

Preservation in the News

S. 5653, the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA), proposes changes to Section 106. Preservation advocates are concerned that these changes could weaken the Section 106 process by restricting public input and undermining required efforts to evaluate and minimize harmful impacts of federally funded projects on historic sites.

Potential Threats to Historic Preservation

  • Historical societies and local governments could have fewer opportunities to participate as consulting parties, and public participation could be left largely to the discretion of the federal agency.
  • What is considered “historic” could be narrowed, and what constitutes “harm” limited.
  • Federal agencies would have greater discretion to decide whether preservation needs are outweighed by the proposed project, and some projects could bypass review.
  • Viewsheds could receive less consideration, and large features like battlefields could have their boundaries for review reduced.
  • Judicial review of decisions made by federal agencies would be limited.

What’s Next?

An initial procedural vote on the BAAJA is anticipated on Monday, November 9.

If you would like more information:

Rocktown History shares information to encourage awareness, curiosity, thoughtful dialogue, and informed civic participation.

To share your views on S. 5653, contact your legislators.

In Virginia:

#historymatters