19.0 - DRAFT MEMORANDUM — original pdf

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DRAFT MEMORANDUM FOR COMMISSION REVIEW To: From: Date: Subject: Mayor and City Council Historic Landmark Commission and Historic Preservation O(cid:431)ice August 5, 2026 Opposition to Proposed Changes to Section 106 of the National Historic Preservation Act The federal Advisory Council on Historic Preservation advises the President and Congress on matters relating to historic preservation. The Advisory Council has proposed substantial changes to Section 106 of the 1966 National Historic Preservation Act. If adopted, the proposal would significantly weaken the legal protections Section 106 provides for historic and cultural places nationwide. Section 106 requires federal agencies to consider the e(cid:431)ects of their actions on historic properties and places. The Section 106 consultation process enables public participation; gives state, local, and Tribal governments a voice in in federal decisions; and often improves project outcomes for both agencies and the public. Local, state, and Tribal governments would no longer be automatically notified or given the chance to comment when federal agencies propose actions that could damage or destroy historic places within their jurisdiction; instead, federal agencies could choose whether to provide an opportunity for public comment. The proposed changes would have direct consequences in Austin. The Section 106 process has enabled the Historic Preservation O(cid:431)ice, Historic Landmark Commission, and local advocates to weigh in on major transportation projects with federal funding, including Project Connect and the expansion of both I-35 and MoPac. Without the requirement to notify and consult local interested parties, Austin’s preservation community would have no formal role in the federal review process when federally-funded projects threaten the city’s historic fabric. Partnerships among the Historic Preservation O(cid:431)ice, Historic Landmark Commission, state agencies, and community members have produced new information about potentially significant places, thoughtful alternatives to projects that would harm local heritage, and meaningful mitigation strategies when harm cannot be avoided. Without a robust Section 106 process, federal agencies would have no obligation to consider stakeholder or community input or to avoid, minimize, or mitigate harm to important places. The Historic Preservation O(cid:431)ice and Historic Landmark Commission oppose the proposed changes to the National Historic Preservation Act’s Section 106 process and encourage Austin residents and stakeholders to participate in the 30-day public comment period once it opens. Formal public comment will be requested by the Advisory Council on Historic Preservation after a Notice of Proposed Rulemaking is published in the Federal Register. Historic Preservation O(cid:431)ice sta(cid:431) and commissioners will monitor the Federal Register for publication and submit comments.