As we have seen in a number of recent legislative efforts, historic preservation reviews are increasingly being targeted in the name of accelerating infrastructure projects. The recently introduced Build America 250 Act is the latest example, containing provisions that would exempt a large number of transportation projects from important historic preservation review requirements.
| A key concern with the bill is its direction for transportation project guidance to rely on the Advisory Council on Historic Preservation’s Program Comment for Certain Housing, Building, and Transportation Undertakings. Since its approval in 2024, preservation organizations have raised concerns that this approach conflicts with existing state-specific Programmatic Agreements that guide Section 106 reviews and reflect years of collaboration among federal, state, and tribal partners. In response, Preservation Action, along with a broad coalition of preservation partners, has sent a letter to Congress urging lawmakers to remove these harmful provisions from the legislation. Instead, the coalition is calling for continued and strengthened use of Programmatic Agreements—tools that have proven to be both efficient and effective. These agreements are developed through consultation with State Historic Preservation Offices, Tribal Historic Preservation Offices, federal agencies, and other stakeholders, ensuring that project delivery is streamlined while still responsibly considering impacts to historic and cultural resources. |