10/08/2026
I am writing to share an update on the current threat to historic preservation at both the regulatory and legislative levels. Under Section 106 of the National Historic Preservation Act (NHPA), federal agencies are required to account for the impact their projects have on historic properties. This includes GDOT projects utilizing Federal Highway Administration (FHWA) funds, cell tower installations subject to FCC licensing, and major private developments—such as data centers—requiring U.S. Army Corps of Engineers (USACE) permits. However, the Advisory Council on Historic Preservation (ACHP) has proposed sweeping revisions to Section 106 regulations. Crucially, these changes would eliminate requirements to include local governments, community organizations (like Cobb Landmarks), and state preservation offices in the consultation process. Beyond cutting out community input, these revisions narrow what counts as an "impact," restrict what qualifies as a historic property, and dramatically reduce the types of projects subjected to review.
Now, the newly introduced Bipartisan American Affordability and Jobs Act of 2026 (BAAJA), which mirrors many of the regulatory rollbacks described above, goes even further by embedding these changes directly into the text of the NHPA itself. This would amend the foundational law that underpins virtually all federal preservation programs (including the National Register) and create permanent structural damage that is far harder to reverse than administrative regulations.
The most effective argument against these initiatives is the total loss of public and local input. If these changes pass, local neighborhoods, municipal leaders, and historic societies lose their seat at the table. So what can you do to help? Contact your U.S. legislators and ask them to sign the "Dear Colleague" letter currently circulating through Congress, and call or write your Senators asking them to maintain the National Historic Preservation Act. Urgent action is needed to ensure local communities can continue protecting their historical assets, and your voice is essential!
Jennifer Flood
Board Chair
Cobb Landmarks & Historical Society, Inc.