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:
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
Preservation Action – Historic Preservation Caucus and Section 106 Call to Action
Save Section 106 resource page for drafting comments
N. Konkol Letter to ACHP (July 23, 2026)
The Culture Keepers Circle Letter to ACHP (July 23, 2026)
Opposition to Proposed Rewrite of 36 C.F.R. Part 800. Latinos in Heritage Conservation, (July 22, 2026)
Cultural Resources Analysts, Letter to Gov. Andy Beshear, (July 21, 2026)
Cultural Heritage Partners Letter to ACHP, (February 27, 2025)
National Conference of State Historic Preservation Officers
National Association of Tribal Historic Officers
National Trust for Historic Preservation
Media Contact