The U.S. Senate passed the 2026 Bipartisan American Affordability and Jobs Act on Monday, Nov. 9. Those who work in Georgia’s historic preservation sector say the bill could eliminate requirements listed under Section 106 that help find and preserve historical sites during federal development projects, Marisa Mecke reports for The Current.
Section 106 requires fulfillment of part of the National Historic Preservation Act of 1966 "where the site to be checked for historic items like military artifacts, Indigenous tools or ceramics, or places like burial sites, battlefields, or Indigenous homesites," Mecke reports. The bill still needs to pass through the House of Representatives.
The law only applies to projects receiving federal funding, but what the American Affordability and Jobs Act proposes about Section 106 is that it is a "lengthy and costly permitting and environmental review processes are bogging down development."Senators in favor of the bill drew bipartisan support, largely because they feel it could speed up opportunities to build infrastructure, power plants, transmission lines, and solar farms and renewable energy sources. Supporters claim the bill would essentially speed up development to cut time-consuming processes like preservation work. But archeologists and others say the surveys they complete are not lengthy, though.
Mecke writes that crews spend a few days on-site, take about 40 hours to write and submit a report. The vast majority of cases — around 95 to 97% — go through under the 30-day window the policy requires. Experts "said the change in language of section 106 would decrease by about 80% the number of sites reviewed in Georgia by archaeologists. It does that by narrowing the definitions of historic properties. It would also scrap a requirement for public comment."































