- July 23, 2026
- Kelly C. Ruffel
Preservation New Jersey stands with the National Trust for Historic Preservation, Preservation Action, the National Preservation Partners Network (NPPN), the National Conference of State Historic Preservation Officers (NCSHPO), the National Association of Tribal Historic Preservation Officers (NATHPO), and preservation organizations across the United States in expressing strong opposition to proposed changes to the regulations implementing Section 106 of the National Historic Preservation Act (NHPA).
For more than sixty years, Section 106 has served as one of our nation’s most effective preservation tools. It requires federal agencies to identify historic properties, consult with State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), Tribal Nations, local governments, preservation organizations, and the public before undertaking projects that may affect historic and cultural resources. It does not prevent development or infrastructure projects from moving forward; it ensures that informed decisions are made through collaboration, resulting in better projects, fewer conflicts, and greater certainty for everyone involved.
On July 17, 2026, the Advisory Council on Historic Preservation (ACHP) distributed a nearly complete rewrite of the Section 106 regulations (36 C.F.R. Part 800) and requested an expedited vote within one week. This proposal bypasses the transparent review process previously adopted by the Council and represents a significant departure from the collaborative framework Congress established under the National Historic Preservation Act.
Why This Matters
If adopted, the proposed regulations would fundamentally reshape the Section 106 review process by:
- Shifting decision-making authority almost entirely to federal agencies while reducing meaningful consultation.
- Limiting the formal role of State Historic Preservation Offices, Tribal Nations, Certified Local Governments, local governments, preservation organizations, and the public.
- Narrowing the definition of historic properties and the types of impacts that must be considered.
- Making negotiated mitigation agreements optional rather than collaborative.
- Weakening protections for cultural landscapes, Traditional Cultural Properties, and places of religious and cultural significance.
Rather than improving efficiency, these changes threaten to create greater uncertainty, increase conflict, and invite additional litigation by eliminating the collaborative process that has successfully balanced preservation and progress for decades.
Preservation New Jersey Supports the following Recommendations
Preservation New Jersey joins our national partners in urging the Advisory Council on Historic Preservation to:
- Withdraw the current draft regulations.
- Restore the transparent and deliberative public review process previously established by the Council.
- Preserve the collaborative consultation framework that has guided Section 106 since the National Historic Preservation Act was enacted.
- Engage Tribal Nations through meaningful government-to-government consultation.
- Work with preservation professionals, state and local governments, Tribal partners, and the public to strengthen, not dismantle, the Section 106 process.
A Call to Action
Should these proposed regulations be published in the Federal Register, Preservation New Jersey encourages our members, Historic Preservation Commissions, local preservation advocates, and partner organizations to participate in the public comment process.
We also encourage you to:
- Contact your Members of Congress and express your concerns about the proposed rule.
- Reach out to New Jersey’s elected officials and advocate for maintaining a strong and collaborative federal preservation review process.
- Share this information with your local preservation commission, historical society, and community organizations.
- Coordinate with the New Jersey Historic Preservation Office and fellow preservation advocates to ensure New Jersey has a strong, unified voice.
Preservation New Jersey supports thoughtful improvements to the Section 106 process that increase efficiency and clarity while maintaining meaningful consultation, public participation, Tribal sovereignty, and the protections Congress intended when it enacted the National Historic Preservation Act.
We will continue to monitor developments and provide updates as the federal rulemaking process moves forward.
Additional Resources
- National Trust for Historic Preservation Advocacy Center
- Preservation Action Legislative Updates
- Cultural Heritage Partners Section 106 Advocacy Resources – War Room Resources
- Webinar: Section 106 Regulations Under Threat July 30th – Register Here
