Action Alert: Proposed Changes Threaten Section 106 Protections

Historic Preservation Action Alert: Take Action to Protect Section 106

Last month, the Advisory Council on Historic Preservation voted to advance sweeping proposed changes to the regulations implementing Section 106 of the National Historic Preservation Act (NHPA). If adopted, these changes could significantly weaken protections for historic and cultural resources across the country.

The proposed revisions would shift the consultation process toward greater unilateral federal agency control, limiting the ability of states, Tribal Nations, local governments, preservation organizations, and communities to advocate for historic resources. Among the proposed changes, the rule would:

• Narrow the definition of a federal “undertaking,” resulting in fewer projects receiving Section 106 review.
• Redefine what constitutes a “historic property,” potentially removing cultural landscapes from consideration.
• Reduce consultation requirements and opportunities for meaningful public participation.
• Remove requirements for federal agencies to avoid, minimize, or mitigate adverse effects to historic resources.

Although these changes are intended to accelerate federal reviews, they could instead create greater uncertainty and ultimately lead to more delays and litigation.

What Happens Next?

The proposed rule has been submitted to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) for review. Following that process, the proposed revisions are expected to be published in the Federal Register, opening a formal public comment period.

Now is the time for the preservation community to prepare and make its voice heard.

Take Action

Prepare Your Comments
Begin preparing substantive comments explaining how the proposed changes could affect historic places, cultural resources, and communities. Be ready to submit them once the proposed rule is published in the Federal Register.

Contact Congress
Reach out to your members of Congress and let them know how weakening Section 106 could affect historic resources in your community.

Request a Meeting with OIRA
Nonprofits, businesses, trade associations, and state, local, and Tribal governments can request a meeting with OIRA during the regulatory review process to discuss concerns about the proposed rule. Learn more about requesting a meeting with OIRA.

Share Section 106 Success Stories
Real-world examples can demonstrate why Section 106 consultation matters. Submit examples of Section 106 success stories.

Spread the Word
Share this information with colleagues, preservation commissions, community organizations, local officials, and others who care about protecting historic places.

For decades, Section 106 has ensured that communities have a voice when federal actions may affect historic and cultural resources. We encourage everyone in New Jersey’s preservation community to stay informed, speak up, and help ensure that this important preservation tool remains strong.

Please review our Action Alert, take action, and share it with your networks.