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The National Trust believes Congress can make federal permitting more predictable and efficient without weakening the nation’s commitment to its historic places or diminishing the voices of the people who care for them. The National Trust urges lawmakers to work with the preservation community, Tribal Nations, states, local governments, and other stakeholders to revise these provisions so that they improve the Section 106 process rather than narrow its purpose.

In particular, the National Trust is urging lawmakers to:

1. Preserve meaningful consultation. Establish clear timelines for consultation while ensuring that federal agencies must meaningfully seek, consider, and respond to information provided by Tribal Nations, SHPOs, local governments, communities, and the American public.
2. Protect what counts as harm. Avoid redefining “adverse effect” in ways that exclude visual, atmospheric, and audible impacts from consideration.
3. Protect which projects get reviewed. Avoid narrowing “undertaking” to exclude projects that receive federal financial assistance, which is the category that covers much of what gets built in our communities.
4. Constrain unilateral agency authority. Require transparency and accountability when an agency determines that other considerations outweigh historic preservation rather than leaving that determination entirely to the agency’s discretion.
5. Maintain meaningful judicial review. Preserve an effective avenue for courts to ensure that federal agencies comply with the law.
6. Pair efficiency with capacity. Provide the resources, staffing, training, and technical assistance necessary for SHPOs, THPOs, federal agencies, and the Advisory Council on Historic Preservation to meet accelerated timelines.
7. Protect Tribal participation and cultural resources. Ensure that reforms recognize the unique role of Tribal Nations and provide meaningful opportunities for Tribal consultation, particularly concerning properties of traditional religious or cultural importance.

Additional Resources from the Webinar

• Section 106 Under Threat (including links on how to take action)
• Request a Meeting with the White House Office of Information and Regulatory Affairs (OIRA) | RIN 3010-AA10
• National Trust Letter to Congress on Proposed Regulation Changes (August 21, 2026)
• 5 Tips on Advocating for Section 106 (including a list of organizations to follow)

For 60 years, Section 106 of the National Historic Preservation Act has helped ensure that when the federal government initiates, funds, or approves undertakings, it first takes time to consider how those projects might affect historic places in our communities.

Just as important, Section 106 enables public participation and comment in the process and empowers State and Tribal Historic Preservation Offices, local governments, and preservation organizations to have a meaningful voice in those decisions.

Section 106 has never been about stopping progress; rather, it facilitates better decisions through consultation and collaboration and ultimately enhances the outcome.

Today, these longstanding practices face the most significant challenge in their history.

Let me be clear: the ACHP’s proposed changes to the Section 106 regulations threaten the history of our nation and the fabric of our society. This is an unprecedented and deliberate attack on our civic and cultural inheritance and the work many of you do every day.

The proposed changes would eviscerate the process that allows us to weigh in on federal agency actions that threaten our shared civic and cultural heritage.

And these proposed changes will lead to more delays and more litigation as federal agencies and applicants try to navigate compliance without the well-known consultation process, a process which often leads to negotiated win-win outcomes.

If implemented as written, the proposed changes would mean that federal agencies will no longer be required to seek ways to avoid or minimize damage to the historic places that connect us to our shared history—from iconic architecture and storied neighborhoods to ancient sacred landscapes.

These changes matter because historic places matter.

To meet this challenge head on we’ve developed a set of resources to support our collective call to action. And in recognition and celebration of our nation’s 250 years—we are setting an ambitious goal of sending 250,000 letters to governors and members of Congress.

I invite you to help us mobilize the American public and ask that you join this effort.

Brent Leggs
President & CEO, National Trust for Historic Preservation