CCRA on Section 106 and why it matters to Canadian CRM

What’s happening?

The US Advisory Council on Historic Preservation (ACHP) has drafted revisions to Section 106 of the National Heritage Preservation Act (NHPA). These revisions will dramatically reduce the ability to protect and preserve historic sites in the United States, remove requirements for meaningful consultation, eliminate requirements to avoid, minimize, or mitigate impacts to historic sites, and remove protections for Indigenous Traditional Cultural Landscapes.

What is Section 106?

Section 106 is a part of the US National Historic Preservation Act (NHPA) that provides for public, State, Tribal, community, and heritage organization involvement in the process, requires surveys to identify historic, archaeological, and cultural sites before development, and requires efforts to prevent destruction of historic sites. (website)

Why does Section 106 matter to Canadian heritage?

Many of Canada’s provincial heritage laws and regulations were modeled on the NHPA and Section 106. The gutting of Section 106 could similarly be emulated by provincial legislatures who are seeking to reduce environmental and heritage protections to "fast-track" development.

NHPA, like Canadian heritage preservation laws, exists as part of international commitments to the preservation of cultural heritage. They support our national commitments like UNESCO’s World Heritage Convention, the United Nations Declaration on the Rights of Indigenous People (UNDRIP), and other international commitments, conventions and treaties. They recognize that cultural heritage crosses borders and that American historic sites are part of the shared heritage of all of humankind.

What can be done?

Canadian heritage organizations can comment on how reduced protections and preservation will impact international heritage. Guidance on how to provide comments to ACHP can be found here:

https://culturalheritagepartners.com/war-room-for-threats-to-section-106/

The CCRA and our partners the American Cultural Resources Association (ACRA) represent cultural resources management firms and professionals who are dedicated to the ethical, effective and efficient management of our heritage. We understand the need to balance heritage protection and preservation with development. We also understand that heritage adds value to our lives and landscapes. We’re committed to ensuring that value isn’t lost, and that communities, heritage organizations and Indigenous peoples are involved in decisions about our shared heritage.

The main action we need to take is to tell our provincial and federal governments that Canadians value Cultural Heritage and want it protected and preserved. We do not want to see Cultural Heritage preservation and protection reduced or eliminated as part of efforts to “fast track” development. Similar changes are under way in Canada including the Building Canada Act, the Major Projects Office, and provincial “streamlining” efforts in Ontario, Quebec, Alberta and British Columbia.