The National Historic Preservation Act was passed by Congress and signed into law by President Lyndon B. Johnson on October 15, 1966. Section 106 of the NHPA requires recipients of federal funding to review whether their actions will have an “adverse effect” on a property eligible for or listed on the National Register of Historic Places.

Section 106 review mandates that agencies consult with State Historic Preservation Officers, Tribal Historic Preservation Officers, community organizations, and the public. The goal is to identify potential historic resources, assess adverse effects, and explore ways to avoid or mitigate harm before a project proceeds. Section 106 protection applies to housing, transportation, infrastructure, federal properties, community development, and other projects.

Section 106 review saved from complete demolition Carman Gardens (here and here), a 1920 building that started out as a silent movie house and was later converted into a roller skating rink. Roger Lloyd bought Carman Gardens Roller Skating Rink in the mid-1970s. Under Lloyd’s leadership, the rink became a safe space for North Philadelphia’s Black community. He kept the rink open for 46 years.

I was a Section 106 consulting party for the Philadelphia Housing Authority’s Sharswood/Blumberg Transformation Project. I objected to the proposed demolition of 2125 Ridge Avenue, one of the few extant buildings associated with Philadelphia’s golden age of jazz. 2125 Ridge Avenue was home to the Checker Café, an afterhours jazz club. In the 1930s, ‘40s and ‘50s, the Checker Café was the place to be and be seen. The State Historic Preservation Officer agreed with me that 2125 Ridge Avenue is eligible for listing on the National Register of Historic Places.

If 2125 Ridge Avenue had been demolished, we would have lost a building that holds stories of jazz legends like Billie Holiday and Pearl Bailey. We also would have lost the Ridge on the Rise mural painted on the south-facing wall of the Checker Café site.

Section 106 review is under attack by President Trump. The Advisory Council on Historic Preservation has proposed a major rewrite of the regulations governing Section 106 that would narrow the scope of review of federally-funded projects and reduce public participation.

A new coalition of nearly 700 organizations and Tribal Nations, including All That Philly Jazz, is fighting back. We signed an open letter urging Congress to protect and strengthen Section 106 of the National Historic Preservation Act. The national coalition is spearheaded by Cultural Heritage Partners. We asked that Congress:

• Reject the Advisory Council for Historic Preservation’s proposed regulatory gutting of Section 106.
• Record your opposition during the Office of Information and Regulatory Affairs’ review and the public comment period, now underway.
• Reject statutory changes that weaken Section 106, whether advanced independently or as part of a
  broader permitting package.
• Defend Congress’s constitutional authority against executive efforts to narrow, circumvent, or evade the preservation laws Congress enacted.
• Seek genuine improvements to Section 106 based on facts and data to make review more valuable and efficient without trading away the rights, voices, and protections that make the process meaningful.

Read the full letter here.