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.

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

 

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

 

  • 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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