Contributed by: Advisory Council on Historic Preservation
Organization: Advisory Council on Historic Preservation
Dated Posted: July 26, 2026
Website: Visit External Site

Late last week, the Advisory Council on Historic Preservation proposed a dramatic rewrite of the regulations that implement Section 106 of the National Historic Preservation Act (NHPA). Preservation Action strongly objects to this harmful proposal.

While the ACHP announced an interest in revising the Section 106 regulations with the aim of speeding up federal project delivery earlier this year, this proposal goes much further than anticipated and blows past their own established procedures for how they would go about these revisions. Originally the ACHP said they would establish a working group to discuss. Later voting on a timeline for the review and giving council members 60 days to provide comments. Those procedures have all been ignored.

Section 106 of the NHPA is the foundational requirement for federal agencies to take into account a federal project's impact on historic resources by providing State, Tribal, and local governments and the public with a voice in the process, but does not mandate an outcome. While not always perfect, the Section 106 process has worked effectively and efficiently, often leading to better project outcomes.

The proposed revisions would:

• Eliminate meaningful consultation with State and Tribal Historic Preservation Officers
• Cut local governments out of the process and make public input entirely discretionary
• Make fewer projects eligible for Section 106 review
• Redefine what is considered "historic property", cutting out cultural landscapes
• No longer require federal agencies to avoid, minimize, or mitigate harm during review

Together, the revisions would constitute the most dramatic rewrite of Section 106. They would shift consultation toward unilateral control, undermining the ability of states, tribes, and communities to protect their historic resources. Despite the desire to accelerate the federal review process, the proposed regulations will actually lead to more delays and litigation.

The ACHP is finalizing the vote to advance the proposal today. After approval and review by the Office of Information and Regulatory Affairs, the proposed revisions will be posted in the Federal Register and open for public comment.

The response from the preservation community and general public in just one week has been remarkable, with numerous articles written and members of Congress taking notice. Our partners at the National Trust for Historic Preservation are hosting a webinar on the Section 106 revisions on July 30th. Learn more and register here!

Check out Preservation Action's alert for more information on the impact of the revisions and what you can do. We will continue to track the latest developments and provide resources so you can respond effectively.

Learn More: https://preservationaction.org/achp-proposal-upends-106-reviews/