Proposed Changes to Section 106 of the Historic Preservation Act
The National Historic Preservation Act (54 U.S.C. 306108) of 1966, as amended, established federal policy on historic preservation, and a public-private partnership to carry out that policy. The Act specifies that the federal government is to partner with “States, local governments, Indian tribes, Native Hawaiian organizations and private organizations and individuals” on measures and programs to foster preservation of historic properties, on federal and nonfederal land.
Proposed changes to Section 106 of the National Historic Preservation Act have sparked nationwide discussion on the importance of public input and meaningful consultation in a federal review process that has provided certain protections for historic places for decades.
What Happened? On July 24, 2026, the Advisory Council on Historic Preservation (ACHP) voted to approve a significant rewrite of 36 C.F.R. Part 800, the regulations that implement Section 106 of the National Historic Preservation Act (NHPA). While there are still several steps in the regulatory process before the changes could be made permanent, many national preservation organizations are raising concerns about the nature and breadth of the proposed revisions.
What is Section 106? This section of the NHPA requires that federal agencies take into account the effects that projects they fund, license, permit or otherwise approve may have on historic properties. Before federal actions are carried out, steps must be taken to identify historic properties that may be affected, and consider how to avoid, minimize or mitigate for adverse effects. It is a consultation process that is not intended to (and rarely does) stop projects. The current process provides for consultation with the State Historic Preservation Officer, Indian tribes, local governments and the public.
What is the Concern? The proposed revisions will significantly alter what types of projects and properties are considered under the regulatory review process, and will diminish or omit the opportunity for state, tribal, public and community feedback. While most preservationists recognize there is a need to improve the current process, the ACHP’s proposed changes were developed without meaningful input from stakeholders.
What’s next? The proposed revised regulation is currently undergoing internal review by the federal Office of Information and Regulatory Affairs, within the Office of Management and Budget. If it proceeds through that process, it will be posted in the Federal Register for public comment.
Check back for updates. For more information visit:
National Conference of State Historic Preservation Officers (NCSHPO)/News
Section 106 Under Threat | National Trust for Historic Preservation
July 2026 Updates – National Association of Tribal Historic Preservation Officers (NATHPO)