10/15/2026
As we celebrate the 60th anniversary of the National Historic Preservation Act (NHPA), it is important to recognize the challenges facing one of its key protections: Section 106.
This past summer, the Advisory Council on Historic Preservation (ACHP) began revising the regulations implementing Section 106. The proposed revisions could mean fewer projects reviewed, less meaningful consultation, fewer negotiated mitigation measures, and fewer opportunities for communities to shape decisions affecting their historic and cultural resources.
The draft revisions are currently under interagency review by the Office of Information and Regulatory Affairs (OIRA). They are not yet final, and the formal public comment process will begin after the proposed rule is published in the Federal Register.
Separately, on September 30, the Senate’s Energy and Natural Resources and Environment and Public Works Committees introduced the Bipartisan American Affordability and Jobs Act of 2026. The bill aims to accelerate federal permitting for energy and infrastructure projects but would significantly change the Section 106 process, expanding federal agencies’ discretion over reviews, historic impacts, and consultation timelines. NAPC is deeply concerned that, if enacted, these statutory changes to the NHPA would be difficult to reverse.
For 60 years, the NHPA has provided a framework for governments at all levels to work together to protect our nation’s historic and cultural resources. This framework works best when local voices are heard, not silenced.
📣 Visit https://www.napcommissions.org/advocacy to learn more about these issues and explore resources to help protect the NHPA and the Section 106 review process.