Section 106 Advocacy

Critical Proposed Changes to the National Historic Preservation Act (1966)

Latest Update

Preserve Nashville Joins National Coalition Letter to Congress

September 1, 2026

Preserve Nashville has joined an unprecedented coalition of more than 600 organizations and tribal governments — representing an estimated 5 million Americans — in signing an open letter to Congress, organized with Cultural Heritage Partners, opposing efforts to dismantle Section 106 through regulation, legislation, and executive action. The coalition is asking Congress to:

Reject the ACHP's proposed regulatory rollback of Section 106.
Record opposition during OIRA's review and the upcoming public comment period.
Reject any statutory changes that weaken Section 106, whether standalone or folded into a broader permitting package.
Defend Congress's constitutional authority against executive efforts to sidestep the preservation laws it enacted.
Support genuine, data-driven improvements to Section 106 that don't trade away the rights and protections that make the process work.

The letter also states that the coalition will pursue legal action if Congress does not act to block the proposed changes.

Preserve Nashville President & CEO David Greider told the Nashville Post that historic preservation decisions need federal support but local control — arguing that Nashville, given its development pressures, understands better than most cities what happens when growth isn't paired with community input, and that a seat at the table on this issue matters.

Read the Nashville Post coverage >>

Read the Full Coalition Letter (PDF) >>

What's Happening

The Advisory Council on Historic Preservation (ACHP) voted on July 24, 2026 to advance a sweeping proposal to rewrite the regulations behind Section 106 of the National Historic Preservation Act, the federal process that gives State and Tribal Historic Preservation Offices, local governments, preservation organizations, and the public a voice whenever a federal project could affect a historic property.

Understand the Basics

Section 106 Review Process.Handout.2017 (1).jpg

What's at Stake

If adopted, the proposal would let federal agencies decide for themselves whether a project affects historic resources and whether that effect is worth addressing, with public and local input becoming optional rather than required. It would also exclude many federally connected projects from review entirely and narrow what counts as harm to a historic place. Nashville has felt the cost of decisions made without this kind of review before.

Image Credit: Nashville Public Art

What Happens Next?

Current status (as of September 1, 2026): The proposed rule remains under interagency review at the White House Office of Information and Regulatory Affairs (OIRA) — Step 1 below. It has not yet been published in the Federal Register, and the formal 30-day public comment period has not yet opened. Legal and preservation groups anticipate publication as early as this fall, but no confirmed date has been announced. We'll update this page and our e-newsletter the moment that changes.

Step 1 — OIRA Review
The proposal moves to the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget for regulatory review and potential interagency coordination.

Step 2 — Proposed Rule Published
If OIRA review is completed, the ACHP publishes a Notice of Proposed Rulemaking in the Federal Register.

Step 3 — Public Participation
This is when formal public comment begins. Tribal consultation, consultation with State Historic Preservation Offices, and comments from local governments, preservation organizations, applicants, and the public become part of the official record.

Step 4 — Final Rule Development
The ACHP reviews comments, revises the proposal as appropriate, and prepares a final rule for consideration by the Council.

Step 5 — Final Review and Publication
Following a second OIRA review, the final regulation may be published in the Federal Register, typically becoming effective 30 days later.

Credit: National Conference of State Historic Preservation Officers

How to Help Right Now...

Prepare Written Comments: Begin preparing to submit substantive written comments on the proposed revisions as soon as the rule is published in the Federal Register. Learn more about preparing those comments from Cultural Heritage Partners here.
Contact Your Members of Congress: Preserve Nashville has already added its voice through the national coalition letter above — but individual outreach still matters. Members of Congress hear directly from coalition sign-ons and from constituent calls and emails. If you have a contact in your Representative or Senator’s office, reach out to them directly.
Stay up to Date: Sign up to receive updates on the latest developments and be notified the moment the comment period opens through our e-newsletter and Advocacy Alerts. Sign up here >>