Contributed by: Preservation Action
Organization: Preservation Action
Dated Posted: September 16, 2026
Website: Visit External Site

This week Preservation Action sent a letter to the leadership of the Senate Committee on Energy and Natural Resourcesand the House Committee on Natural Resources, urging lawmakers to exercise their oversight authority and oppose the Advisory Council on Historic Preservation's (ACHP) proposal that completely overhauls Section 106 of the National Historic Preservation Act (NHPA).

For sixty years, Section 106 has provided a framework for balancing the advancement of federal projects with the responsibility of federal agencies to “take into account the effects of their actions on historic properties”. While we support thoughtful reforms to Section 106 that help ensure a predictable and efficient process, the ACHP’s proposed rewrite would fundamentally upend the Section 106 process, goes far beyond congressional intent, and would actually lead to more delays and litigation. Additionally, the manner in which the proposed rule was developed - disregarding ACHP’s own established procedures and failing to allow for necessary and legally required consultation - raises serious concerns.

The letter highlights some of our principal concerns:

• The proposed rule eliminates meaningful consultation with States and Tribes and cuts local governments and the public out of the process entirely.
• Federal agencies would no longer be required to avoid, minimize, or mitigate harm.
• If the objective is certainty, the proposed rule moves in the wrong direction.
• ACHP should not rewrite the statute through regulation.
• The breadth of concern surrounding this proposal should give Congress pause.

We are urging the Senate Energy Natural Resources and House Natural Resources Committee to exercise their oversight authority and oppose the ACHP's proposal as drafted and to hold hearings examining both the substance of the proposed changes and the process used to develop them. Check out the letter to learn more!

Take Action!

We need your voice to fight back against this dangerous proposal! Here's what you can do now:

• Start preparing your substantive comments on the proposed revisions and stay alert for publication in the Federal Register.
• Reach out to your members of Congress and let them know the devastating impact this proposal would have on historic resources in your community.
• Request meeting with OIRA. Interested parties, including nonprofits, businesses, trade associations, and state, local, and tribal governments can request a meeting with OIRA to express their concern over the proposed rule and the devastating impact it will have. Learn more here. Let Preservation Action know if you get a meeting scheduled.
• Submit examples of Section 106 success stories.
• Spread the word!

Check out our Action Alert to learn more and keep up your advocacy!