11/09/2026
The implementing regulations for the National Historic Preservation Act are known as Section 106. These regulations currently require that federal agencies consult with state, tribal, and local governments, as well as interested stakeholders when federal funding or permitting is involved in a project.
The Advisory Council on Historic Preservation (ACHP) has recently proposed substantial modifications to the Section 106 process that are concerning. The document revises several definitions (undertaking, historic properties, and areas of potential effects) in ways that reduce the number of federal projects reviewed at state and local levels. Additionally, the modifications allow federal agencies to act unilaterally without seeking input from state and local communities.
The document is currently with the Office of Information and Regulatory Affairs. We anticipate the document will move to the Federal Register November 11 at which point a 30-day comment period should begin if the traditional federal approval process is followed. Updates can be found at the webpages of the National Conference of State Historic Preservation Officers and the Trust for Historic Preservation. We will announce when the comment period opens.
The Section 106 regulations are slated to be voted on by the ACHP on November 10.
S.B 5653 also limits state and local comment. Voting on this bill is slated to start today and end the week of November 16.
