Project 2025 Tracker / What’s done, what’s next

16. Department of the Interior · Minor

Reinstate SO 3389 on National Historic Preservation Act Section 106 reviews

Partially done

Printed page 522 16. Department of the Interior

“the new Administration must immediately reinstate the following Trump DOI secretarial orders: … SO 3389: Coordinating and Clarifying National Historic Preservation Act Section 106 Reviews.”

What has happened

  1. Partially done

    SO 3452, "Timely Completion of National Historic Preservation Act Section 106 Reviews", delivers what SO 3389 did without reinstating it. Bureaus must identify within thirty days the categories of undertaking with no potential to affect historic properties, propose exempted categories within sixty days, integrate §106 with NEPA so that "[t]he Section 106 process should conclude no later than the conclusion of the NEPA process", proceed when a State or Tribal Historic Preservation Officer misses the regulatory thirty-day deadline, and treat offsite compensatory mitigation as a last resort. SO 3389 itself has no page in Interior's orders library and was not revived by name.

  2. Attempted

    SO 3418 §4(c) directs "actions to review all relevant internal regulations, policies, and guidance to ensure the lawful implementation of section 106 of the National Historic Preservation Act" — a review, with nothing yet changed.

Research log

What was searched, and what didn’t count as evidence

Research notes

SO 3389 (December 2020) told Interior bureaus to coordinate and speed up National Historic Preservation Act §106 reviews. SO 3452, signed a week before this research, does the same job under a new number.

Action
reinstate
Object
Secretarial Order 3389
ID
1461