Active Case

Defend Section 106

ACHP Advances New Regulations that Devastate Protections for Historic Properties

On Friday, July 24,  2026  the Advisory Council on Historic Preservation voted to approve a draft revision of 36 C.F.R. Part 800. You can read the redlined version here and the draft here.

While the proposed rule has not been published to the Federal Register there are a few steps we can collectively take now:

  • Contact your elected officials and help them understand the adverse effects of the proposed rulemaking. You can use these scripts and ideas for talking points to craft a personal message that highlights your concerns or the concerns of your community or organization.

 

  • We urge you all to begin the process of drafting comment letters now in order to make your voice heard and your comment count. You can do this by focusing on 8 key points:
    • Answer ACHP’s Numbered Questions: Cite the specific question number from the NPRM you’re responding to.
    • Lead With Evidence: Real projects, data, costs, and delays outweigh opinions in the record.
    • Cite the Exact Provision: Reference the specific section — e.g., § 800.16(k)(2) — not the rule in general.
    • Propose Alternative Text: Don’t just object — suggest the specific fix you want to see adopted.
    • State Who You Are: Tribes, SHPOs, CRM firms, and local governments each carry distinct weight.
    • Preserve Issues for Litigation: Courts generally only review arguments raised during the comment period.
    • Keep It Organized & Concise: Executive summary, section headers, one clear ask per point.
    • Nail the Mechanics: 30-day deadline; submit via regulations.gov with the docket/RIN number. We will let you know when the comment period has started and how to submit when it is time.

Did you know that the odds you will get hit by lightning in your lifetime are the same as the odds of a Section 106 review process causing a project to end up in litigation?

Industry lobbyists love to say that the National Historic Preservation Act (NHPA) creates litigation that delays projects. But that’s just not true. Our team pulled the data—we searched all federal court filings across the country, and found that only 285 cases have been filed since 1991 that include a claim under the NHPA.

That means that out of the more than 120,000 federal undertakings subject to NHPA review each year, only an average of 8 projects per year become subject to a lawsuit over NHPA-related claims. In other words, only approximately 0.0067% (sixty-seven ten-thousandths of one percent) of the federal undertakings reviewed under Section 106 end up in court. And for the majority of those cases, NHPA is just one of many claims alleged by Plaintiffs.

The reality is Section 106 presents little to no litigation risk for projects.

It is worth noting that the last 12 months have seen the largest number of NHPA cases filed in one year: 12. Many of those 12 cases are related to President Trump’s pet projects in Washington, D.C. or his executive orders reducing Section 106 review. The President seems to be the largest cause of NHPA litigation since he retook office.

A Citizen’s Guide to Section 106 Review (ACHP 2021)

Section 106 Rulemaking: What’s Next? (NCSHPO), July 24, 2026

Section 106 in Chaos: Trump Appointed Overhaul of the National Historic Preservation Act Regulations (Women in Archaeology), July 27, 2026 – Podcast

Federal Permitting Reform Process 101 (NTHP) July 22, 2026

Our History is at Risk (Association for Washington Archaeology, authored by Anna Coon, Elizabeth Wessells, and Adam Rorabaugh)

National Alliance of Preservation Commissions; The Alliance Review, “A Seat At The Table: Why Your Commission Should Participate In The Section 106 Process“(2022)

Governing for Impact’s Guidance for “Writing Adverse Comments” (May 2025)

Protect the Public’s Voice: Scripts

Talking Points – Defending the Protection of Cultural Heritage

Canva Template – Section 106 Success Stories Pamphlet (Created by Rhianna Bennet, July 24, 2026)

Canva Template – Instagram Please use: #SaveSec106, #ProtectOurHeritage #ThisPlaceMatters

The National Alliance of Preservation Commissions: request for submissions of Section 106 Success Stories 

 

  • Cultural Heritage Partners: Saving Historic Preservation Communications Strategies (July 22, 2026) Slidedeck
  • Cultural Heritage Partners: NPCA Coalition Meeting – ACHP’s Proposed Rewrite of Section 106 (July 22, 2026) Slidedeck
  • The Culture Keepers Circle: ACHP Section 106 Emergency Meeting (July 23, 2026) Video
  • Cultural Heritage Partners: NATHPO Tribal Forum – ACHP’s Proposed Rewrite of Section 106 (July 21, 2026) Slidedeck
  • Cultural Heritage Partners: ACHP’s Proposed Rewrite of Section 106 (July 19, 2026) Video

National Conference of State Historic Preservation Officers

National Association of Tribal Historic Officers

National Trust for Historic Preservation

  • If you know of a project where federal agencies are already cutting corners in the Section 106 review process, contact us confidentially on Signal (marionchp.106) or by email (fightback@culturalheritagepartners.com). Let us know what you are seeing and hearing in your communities.

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