Section 106 Advocacy
Critical Proposed Changes to the National Historic Preservation Act (1966)
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.
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.
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Image Credit: Nashville Public Art
What Happens Next?
Now that the proposal is moving forward, these things typically follow a path like this:
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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.
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Step 2 — Proposed Rule Published
If OIRA review is completed, the ACHP publishes a Notice of Proposed Rulemaking in the Federal Register.
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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.
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Step 4 — Final Rule Development
The ACHP reviews comments, revises the proposal as appropriate, and prepares a final rule for consideration by the Council.
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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.
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Credit: National Conference of State Historic Preservation Officers
How to Help Right Now...
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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.
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Contact Your Members of Congress: Continue reaching out to your members of Congress to alert them to the ACHP’s proposed revisions and the devastating impact they would have on historic resources in your community. If you have a contact in your Representative or Senator’s office, reach out to them directly.
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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 >>
Additional Resources
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Cultural Heritage Partners: ACHP Proposes New Regulations that Devastate Protections for Historic Properties
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National Conference of State Historic Preservation Officers: The End of Section 106 as We Know It?
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National Association of Tribal Historic Preservation Officers: ACHP Advances Sweeping Revisions to the Section 106 Regulations
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National Trust for Historic Preservation: Section 106 is Under Threat
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National Preservation Partners Network: Section 106 Advocacy Alert
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American Cultural Resources Association: ACHP Draft Proposed Regulations: An Analysis
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Senate Energy and Natural Resources Committee: Heinrich, ENR Members Release Statement Urging Advisory Council on Historic Preservation to Reject Rule Gutting Tribal Consultation
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Credit: National Conference of State Historic Preservation Officers
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