The Advisory Council on Historic Preservation (ACHP) has developed  sweeping revisions to the regulations that implement Section 106 of the National Historic Preservation Act (36 C.F.R. Part 800)—the federal review process that helps ensure the effects of federally funded, permitted, and licensed projects on historic and cultural resources are considered.

ACHP members are expected to vote on the proposed revisions just one week after receiving the draft, before it has been released for public or stakeholder input.

Although the draft is not yet publicly available, the proposed changes would fundamentally reshape the Section 106 process by:

• Giving federal agencies greater authority over preservation decisions and sole discretion to determine when competing priorities (e.g., budget and schedule) outweigh historic preservation concerns.

• Exempting certain types of federally involved projects subject to Section 106 review.

• Narrowing the definition of historic properties by excluding certain cultural landscapes, including mountains, valleys, and ethnographic landscapes, reducing protections for Tribal sacred sites and Traditional Cultural Properties.

• Diminishing and potentially eliminating the role and influence of State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs), local governments (including Certified Local Governments), consulting parties, and the public.

• Replacing collaborative consultation and negotiated solutions with agency-directed decision-making without public input.

The result could be fewer projects reviewed under Section 106, less meaningful consultation, fewer negotiated mitigation measures, and significantly fewer opportunities for communities to shape decisions affecting their historic and cultural resources.

Congress enacted the National Historic Preservation Act because preserving our nation's historic and cultural heritage serves the public interest. Meaningful consultation with states, Tribes, local governments, preservation organizations, and the public has been a cornerstone of that process for 60 years. The proposed revisions prioritize expediency over stewardship, weaken meaningful consultation, and risk ignoring the voices of the communities directly affected by federal actions.

What You Can Do

There is little time before the ACHP considers these revisions. If approved, the proposed rule changes will be published for a 30-day public comment period.

NAPC will provide members with information, analysis, and tools to submit effective comments once the proposal is released. In the meantime, we encourage you to contact your Members of Congress and express your concern about advancing significant changes to the Section 106 regulations without adequate public review or stakeholder engagement.

Your voice is essential in ensuring this process continues to protect the places and stories that matter to our communities. If you have an example of the Section 106 process resulting in a positive outcome for preservation and your community, please share with us through this form: https://forms.gle/i8HSR9nc13oKEeJT9

Additional Resources

• An excellent 30-minute recording explaining the impact of this proposal is posted at: https://tinyurl.com/y6wm5f3y
• The National Conference of State Historic Preservation Commissions analyzes the proposed changes to the Section 106 regulations and explain their implications for historic preservation practice here:  https://ncshpo.org/2026/07/20/the-end-of-section-106-as-we-know-it/ 
• Article from NAPC's quarterly publication, The Alliance Review, "A Seat At The Table: Why Your Commission Should Participate In The Section 106 Process": https://tinyurl.com/3nbk7hhm

At FORUM 2026

Are you attending FORUM 2026 this week? Join us for an in-person gathering of the NAPC Advisory Group on Thursday, July 23rd. This session will focus a discussion on these updates to the Section 106 review process and what those changes could mean for preservation at the local level. Join us for an engaging conversation that will help inform NAPC's advocacy and ensure local voices are represented in the national discussion. All are welcome to this meeting; however, advance registration is requested. To register, click on "manage your registration" in your conference confirmation email, enter your confirmation number, and add the "NAPC Advisory Group (All Welcome): Discussion of Preservation Topics" to your registration. Email director@napcommissions.org if you have any questions or need assistance.