The Section 106 Consultation Process Under the National Historic Preservation Act

Senate Energy and Natural Resources Committee
366 Dirksen

10/29/2025 at 09:30AM

The purpose of the hearing is to examine the Section 106 consultation process under the National Historic Preservation Act.

Trump’s demolition of the White House’s east wing is expected to be a major topic of discussion, although under Section 107 of the NHPA, the White House is exempt from National Historic Preservation Act, including listing in the National Register of Historic Places.

In 1961, a law (P.L. 87-286) gave the National Park Service administrative responsibility for the White House, directing that “primary attention shall be given to the preservation and interpretation of the museum character of the principal corridor on the ground floor and the principal public rooms on the ground floor of the White House.” Executive Order 11145, Providing for a Curator of the White House and establishing a Committee for the Preservation of the White House, implemented the laws by establishing the office of the White House Curator. Since 2024, the curator has been Donna Hayashi Smith. The executive order also established the Committee for the Preservation of the White House, giving it advisory powers.

In August, 2025, Trump signed an executive order, asserting that “great care and consideration must be taken to choose a design that commands respect from the general public and clearly conveys to the general public the dignity, enterprise, vigor, and stability of America’s system of self-government” and that “Competitions for the design of Federal buildings should be held where appropriate.”

Trump’s demolition, led by Clark Construction, during the government shutdown violates the Anti-Deficiency Act and federal ethics rules on funding and gifts.