Late on Friday, July 17, the Advisory Council on Historic Preservation (ACHP) circulated a near-complete draft of a sweeping rewrite of the regulations implementing Section 106 of the National Historic Preservation Act (36 C.F.R. Part 800) to Council members and requested a vote by this Friday. These regulations govern how federal agencies consider impacts to historic properties during project planning and delivery.

This is a fundamental restructuring of the Section 106 process that would:

• Shift decision-making authority almost entirely to federal agencies
• Limit or eliminate the role of State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), Tribes, and local governments in shaping outcomes
• Curtail public participation and remove preservation organizations and community stakeholders from formal consultation roles
• Narrow what qualifies as a “historic property,” excluding thousands of culturally and historically significant sites
• Eliminate or weaken requirements to avoid, minimize, or mitigate harm to historic resources
• Allow agencies to make unilateral determinations through internal reports rather than negotiated agreements using public input

For architects, this shift has major consequences. Section 106 has helped surface local knowledge, avoid costly project conflicts, and improve design outcomes by integrating preservation considerations early. A move away from consultation toward full agency control risks increasing project uncertainty, community opposition, and litigation exposure.

While AIA is actively coordinating with national partners and preparing advocacy and legal strategies, immediate congressional engagement is critical.

ACHP’s actions diminishes the voice and agency of the architect in this process. 

We are urging Congress to exercise oversight and call on ACHP to pause or delay any vote or implementation of this proposal to allow for appropriate review and stakeholder input.