Senate to Vote on Bill Making Section 106 Consultations Optional
A reform bill backed by energy interests would make local consultations on federally affected historic sites optional, drawing preservation groups' opposition.
Updated on Nov. 4, 2026 in Legislative Policy
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Preservation groups in South Carolina are opposing a proposed reform bill that would make local consultations under Section 106 of the National Historic Preservation Act optional. The Bipartisan American Affordability and Jobs Act is scheduled for a U.S. Senate vote on November 9, 2026.
Why it matters
Section 106 requires projects using federal resources to engage with potentially impacted parties, and the bill would remove that opportunity for local communities, organizations and tribal members. The reform is aimed at facilitating energy projects, and changes to its language remain possible until passage.
The Bipartisan American Affordability and Jobs Act would alter Section 106 of the National Historic Preservation Act, which was enacted in 1966. Its Senate vote is scheduled for November 9, 2026, though the extraction does not indicate the outcome.
The players
Preservation Society of Charleston
A Charleston-based historic preservation organization that has publicly opposed the proposed reform bill.
Brian Turner
President and CEO of the Preservation Society, who described the bill as the most significant change to federal preservation law in 60 years.
Henry McMaster
The Governor of South Carolina, to whom local groups sent letters about the proposed bill.
Tim Scott
A U.S. Senator from South Carolina who received letters from state groups regarding the bill.
The details
Groups across South Carolina signed letters to Gov. Henry McMaster and U.S. Sens. Tim Scott and Darline Graham, and a coalition of cultural organizations wrote to U.S. senators in an October 16 letter. The bill is scheduled to be voted on as part of a larger funding bill.
Timeline
1966: National Historic Preservation Act enacted.
1995: Discovery of the H.L. Hunley submarine triggered a Section 106 process.
October 16, 2026: Coalition letter sent to U.S. senators.
November 9, 2026: Scheduled U.S. Senate vote on the reform bill.
Legislative Policy Context
The proposal would modify Section 106 of the National Historic Preservation Act, a provision in place since 1966 that requires federally funded projects to consult with affected parties. The 1995 H.L. Hunley discovery and the Fish Dam Ford bridge project both produced conservation agreements through that process.
Local communities, organizations and tribal members could lose the formal opportunity to weigh in on federally backed projects affecting historic sites. Changes to the bill's language remain possible before a final vote.
The takeaway
Because the bill's language can still change before passage, residents who care about local historic sites may want to follow the November 9 Senate vote and any amendments that follow.
What happens next
The U.S. Senate is scheduled to vote on the Bipartisan American Affordability and Jobs Act on November 9, 2026.
Further reading
Explore more coverage in Legislative Policy to see how federal bills move through Congress.
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Should local communities keep a required say in federal projects affecting their historic places?
