Some historic preservationists are alarmed at the potential effects of a bipartisan bill whose sponsors say it aims to cut red tape for infrastructure and energy production projects.
On Monday, the US Senate advanced the Bipartisan American Affordability and Jobs Act of 2026 (S.5653), introduced by Senator Shelley Moore Capito, a West Virginia Republican, by a vote of 73–25. The bill is cosponsored by Senators Mike Lee, a Utah Republican; Sheldon Whitehouse, a Rhode Island Democrat; and Martin Heinrich, a New Mexico Democrat. (The current session of the Republican-controlled Senate runs through December 18; new senators will be sworn in on January 3.)
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Crucially, the act would narrow the scope of the National Historic Preservation Act (NHPA), in part by limiting which types of projects trigger review.
Speaking on the Senate floor Monday, Capito said that “for far too long, critical investments in our nation’s infrastructure, energy production, and economy have been forced to sit on the sidelines due to endless red tape, duplicative reviews, and regulatory uncertainty.” Data from the National Association of Manufacturers, she said, “shows that permitting delays are costing America’s manufacturers $12.1 billion every year, including $87 million in additional costs in West Virginia alone. According to new data from McKinsey, $1.8 trillion of investments are locked up in the federal permitting system right now, including $22.3 billion of sidelined investments in my home state of West Virginia.”
According to the Art Newspaper, about 800 protesters gathered on the West Lawn of the US Capitol, among them leaders from the Association of African American Museums, the DC Preservation League, the American Institute of Architects, and the Archaeological Institute of America. Representative Melanie Stansbury, a New Mexico Democrat, called the act a “dirty deal.” Critics cited by the paper noted that the senators introduced the 500-page bill just 48 hours before the Senate vote was scheduled.
S.5653 targets Section 106 of the NHPA, which requires federal agencies to consider the impact of federally funded building projects and requires those receiving federal funds or permits to consult with tribal nations. According to the Art Newspaper, the new bill would make consultation with tribal nations optional and remove the requirement that federal agencies notify and consult with the public and tribal nations about potential harm to historic sites. It would also narrow the definition of what constitutes a historic site.
On November 6, the 106 Strong Coalition, which includes more than 1,200 organizations, tribal nations, and advocates, sent a letter to Congress calling for the defeat of S.5653. Signatories include the American Alliance of Museums, numerous state museum associations, and many individual museums. The letter calls the bill “a sweeping assault on the protections Congress enacted sixty years ago to ensure that federal agencies consider the consequences of their decisions for America’s historic and sacred places.”
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