Senate Hearing Examines Section 106 for Energy Project Delays

11/5/2025

Washington, D.C. – On October 29, 2025, the Senate Committee on Energy and Natural Resources held a hearing to examine the Section 106 consultation process under the National Historic Preservation Act (NHPA). Chairman Lee opened the hearing commenting that “When a law written to protect our past starts to block our future, it can be worth examining where we are and how we got here.” He continued by calling the NHPA and Section 106 process “a narrow procedural safeguard has evolved into a sprawling unpredictable process.”

Senator Lee claimed that the Section 106 process and broad or ambiguous terms defining the Area of Potential Effects (APE) caused delays in approving energy projects. Senator Lee cited 5 projects in his opening remarks. All of these projects would impact tribal historic and cultural resources.

In contrast, Ranking Member Heinrich stated that “We can and must build the energy infrastructure our economy and our climate need while also preserving our history and our heritage. We can do both.” He also cited the loss of staff and resources needed to process permits as resulting in permit delays. He stated, “If there is no one at the desk, you cannot get a permit.”

Witnesses included the Pueblo of Acoma Tribal Historic Preservation Officer, the Utah State Historic Preservation Officer, and the Environmental Manager for the Montana-Dakota Utilities Companies. Witnesses discussed the importance of consulting with Tribes early in the process to ensure projects are completed in a timely or quick manner. Witnesses also indicated that Tribal Historic Preservation Offices (THPOs) need more funding, as new THPOs are created without a corresponding increase in the budget.

When Senator Cortez Masto asked how federal reductions in force (RIF) have affected the work of states and Tribes, witnesses described the pressure to do the work and carry the additional load that would otherwise be done by federal employees.

The hearing and witness testimony may be viewed at the Committee website (https://www.energy.senate.gov/hearings/2025/10/full-committee-hearing-to-examine-section-106-of-the-national).

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