JACL Action Alert: Bipartisan American Affordability and Jobs Act (S.5653) & Sec. 106 of the National Historical Preservation Act
ACTION ALERT: CONTACT SENATORS TO URGE VOTE NO ON S.5653
Released for Distribution: October 15, 2026
BACKGROUND:
Since its passage on October 15, 1966, Section 106 of the National Historic Preservation Act has required the federal government to look before it harms. Deemed the most far-reaching preservation legislation ever enacted in the United States, it has overseen a 60-year legacy of national historic preservation. When a federal agency carries out, funds, permits, licenses, or approves a project, Section 106 requires it to identify historic and culturally significant places, understand how the project could affect them, listen to Tribal Nations and affected communities, and consider ways to avoid or reduce harm before making a final decision.
The Advisory Council on Historic Preservation voted in July 2026 to move forward with rulemaking on Section 106 of the National Historic Preservation Act. The Bipartisan American Affordability and Jobs Act (S.5653) was introduced into Congress by Sen. Shelley Capito (R-WV) and co-sponsored by Sen. Mike Lee (R-UT), Sen. Sheldon Whitehouse (D-RI) and Sen. Martin Heinrich (D-NM). The reform proposals fall into four categories: narrowing what triggers review, changing judicial review, expanding programmatic tools and exemptions, and investing in agency and tribal capacity.
In a recent 106Strong webinar, presenters discussed the disastrous implications of Section 106’s proposed downgraded review requirements. Japanese American communities have seen the importance of Section 106 firsthand, including through consultation over the proposed Lava Ridge Wind Farm’s impacts on Minidoka and review of a proposed FAA airport fence at Tule Lake that could have been constructed as early as 2015 absent the consultation and consideration of historic resources required under Section 106. The consequences of weakening Section 106 extend well beyond the roughly 100,000 properties currently listed on the National Register of Historic Places. Section 106 also applies to historic properties that have not yet been listed but may be eligible for listing, including sites that have not historically received formal recognition or protection. For Japanese American communities, that broader reach is critical because many incarceration sites, buildings, landscapes, and other places of memory remain underdocumented, unlisted, or vulnerable to development.
CALL TO ACTION:
All JACL Districts, Chapter boards and members are requested to respond in one or more of the following ways:
Please begin contacting your Senators and Representatives TODAY and do not stop until they express their clear intent to vote NO on S.5653.
Attend the webinar, “Section 106 Under Threat: Understanding and Responding to Federal Permitting Reform” on Weds, Oct. 21 at 2:00 pm ET https://ow.ly/ksjo50ZXmQ9
Grow the coalition. 160Strong’s next goal is 1,000 organizations and Tribal Nations representing ten million Americans. Ask organizations in your network to join the open letter and coalition. Individuals can join our mailing list and working groups here.
Tell the story locally. Pitch your local or regional media using the coalition’s press materials. Congress needs to see that Section 106 matters to people and places in every state and district.
Spread the word to family, friends, and coalition partners. This new ruling affects any building, landscape, site, or structure, 50 years or older, that is of local, regional, national, or global significance.
RESOURCES:
The slide deck
The one pager
The bill text
Our redline of what this bill will do
The meeting Congressional Tracker
Request real-time advocacy alerts: Mailchimp Preferences Center
The Rachel Maddow Show - at minute 3:40
5 min video on Sec 106 106Strong.com
Action Alert from The National Trust for Historic Preservation
Additional Questions or concerns:
Contact JACL Staff email
Content contributor(s):
Carol Kawase (VP of PA), Katie Masano Hill (JACL Policy Fellow), Matt Weisbly (JACL Communications Mgr), Matthew Marumoto (JACL Policy Fellow)
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The Japanese American Citizens League is a national organization whose ongoing mission is to secure and maintain the civil rights of Japanese Americans and all others who are victimized by injustice and bigotry. The leaders and members of the JACL also work to promote cultural, educational, and social values and preserve the heritage and legacy of the Japanese American community.
