Historic preservation enters the permitting conversation

By Garrett Downs | 10/30/2025 06:47 AM EDT

A Senate hearing found some bipartisan agreement on overhauling the 1966 National Historic Preservation Act.

Senate Energy and Natural Resources ranking member Martin Heinrich (D-N.M.) and Chair Mike Lee (R-Utah).

Senate Energy and Natural Resources ranking member Martin Heinrich (D-N.M., left) and Chair Mike Lee (R-Utah) on Capitol Hill this year. Francis Chung/POLITICO

Lawmakers are weighing a new hurdle in the fight over permitting overhaul: History.

In a Senate hearing held Wednesday, there was even some bipartisan agreement on the matter.

The discussion centered on public consultation required by the National Historic Preservation Act, a statute known as Section 106. The law requires government-funded projects to consult with stakeholders before taking actions that could affect a historic site.

Advertisement

Energy and Natural Resources Chair Mike Lee (R-Utah) called the hearing to discuss how Congress can streamline the consultation process that he said is hampering projects and has become “more like a maze without a map.”

GET FULL ACCESS