Section 106 of the National Historic Preservation Act
Section 106 in the News
“The Advisory Council on Historic Preservation’s proposed changes to Section 106 will eviscerate the preservation of our shared civic and cultural heritage in the United States.”
~ Brent Leggs, President and CEO of the National Trust for Historic Preservation, July 2026
What is Section 106?
Section 106 of the National Historic Preservation Act requires federal agencies to consider the effects of their projects on historic properties and provides opportunities for public participation in the decision-making process.
For 60 years, Section 106 regulations, which interpret the law of the National Historic Preservation Act of 1966, have required projects involving a federal agency, federal funding, permit, license, approval, or action consider how the project may affect properties that qualify for the National Register of Historic Places (the nation’s official list of significant historic properties); to work to avoid, minimize, and mitigate any adverse effect of the project; and to provide local communities, organizations, people, and tribes with a voice for these projects.
The process generally involves:
- Identifying historic properties that could be affected.
- Assessing whether the project will have an adverse effect.
- Consulting with state or tribal historic preservation offices, Indigenous tribes, other interested parties, and the public.
- Looking for ways to avoid, minimize, or mitigate harm to historic properties. The law requires agencies to consider these effects and consult, but it does not necessarily prohibit projects from proceeding.
Several resources offer helpful introductions to this process:
Protecting Historic Properties: A Citizen Guide to Section 106 Review explains how the Section 106 process ensures that significant historic resources are considered before federal projects move forward. It also outlines the important role of the public in commenting on proposed projects and suggesting ways to avoid, minimize, or mitigate adverse effects on historic properties.
The Basics of Section 106 Review published by the National Trust for Historic Preservation, provides a clear overview of the Section 106 regulations, the review process, the responsibilities of federal agencies, and the important role of consulting parties.
“A Seat At The Table: Why Your Commission Should Participate In The Section 106 Process,” published by the National Alliance of Preservation Commissions in The Alliance Review, discusses how local preservation commissions can participate effectively in the Section 106 process. It highlights how public involvement has often influenced and shaped improved project design and better outcomes for preservation.
The Section 106 process as it specifically works in Iowa is also outlined on the website of the State Historic Preservation Office.
Why is Section 106 in the news?
On Friday, July 17, 2026, the Advisory Council on Historic Preservation’s Vice Chairman sent a draft revision of the Section 106 regulations in 36 C.F.R. Part 800 to members of the Council asking for their vote on these new regulations through email by July 24, 2026. Various organizations including the Cultural Heritage Partners posted the redlined version and the draft online to provide the general public and professionals in historic preservation an opportunity to review these proposed changes. On July 24, 2026, ACHP announced they had voted to approve the revised regulations and sent the draft to Office of Information and Regulatory Affairs for review and publication.
These proposed regulations make significant changes to how the Section 106 process has operated successfully for the last 60 years. Among the proposed changes, federal agencies in charge of projects would have more authority to identify historic resources and make preservation decisions while considering if competing priorities (budget, schedule, etc.) outweigh preservation concerns. Additionally, consulting parties, including experts from State and Tribal Historic Preservation Offices to local preservation organizations and commissions, would only be consulted if and when the federal agency chooses to take this step. This step would also take place later in the process, after the project has largely been determined. Finally, some types of projects currently adhering to Section 106 would be exempted, potentially placing significant historic resources in the crosshairs of these projects.
The National Conference of State Historic Preservation Officers (NCSHPO) posted a general timeline of events that occurred to date and anticipated next steps for the proposed new Section 106 regulations: https://ncshpo.org/2026/07/24/section-106-rulemaking-whats-next. The National Trust for Historic Preservation has also included an up-to-date timeline on their Section 106 page.
Where is more information on Section 106?
The National Trust for Historic Preservation (NTHP) has created a page on Section 106 Under Threat to provide an overview of Section 106, the proposed changes, links to webinars on the topic, and action steps.
“The Advisory Council on Historic Preservation (ACHP) is advancing a sweeping and damaging proposal to rewrite the regulations for Section 106 of the National Historic Preservation Act (NHPA). If implemented, these new rules would dramatically diminish the effectiveness of the NHPA and the current legal protections for historic and cultural places. Since the enactment of NHPA 60 years ago, Section 106 has been the foundational requirement for federal agencies to “take into account” the effects of their actions on historic properties and places, enabling public participation and comment in the process, empowering state and local governments and Tribal communities to have a voice in the process, and often improving the project and enhancing the outcome. These new regulations will lead to more delays and more litigation as federal agencies and applicants try to navigate compliance without the well-known and well-used consultation process, which often leads to negotiated win-win outcomes. The preservation community and our partners across the country are mobilizing to fight this harmful proposal.”
The National Conference of State Historic Preservation Officers (NCSHPO) has posted several articles on the proposed changes to Section 106 and additional information about these important regulations: https://ncshpo.org/news.
“Positioned to fundamentally change how Section 106 operates, the proposed rule shifts authority away from the collaborative consultation framework Congress established, in favor of unilateral federal agency control over nearly every stage of the process. That includes determining whether Section 106 applies, identifying historic properties, evaluating effects, deciding whether mitigation is appropriate, and ultimately determining whether preservation concerns are outweighed by other considerations. Anyone who works in historic preservation understands that Section 106 has never been about stopping projects. To the contrary, countless hours have been spent finding practical ways to balance infrastructure, energy, housing, broadband, and disaster recovery with our nation’s irreplaceable historic and cultural assets. What makes the Section 106 consultation process effective is that informed decisions are made by leveraging differing expertise before projects are finalized. SHPOs bring statewide preservation expertise, Tribes provide knowledge not found in agency files, and local governments understand community priorities. Together, those perspectives (coupled with applicants’ practical solutions) lead to better federal decision-making and help avoid costly mistakes.”
Cultural Heritage Partners (CHP) has compiled information and articles on the proposed changes to Section 106 on their Defending Section 106 page, including links to webinars that they have hosted on the topic and a call for action for education about Section 106 and adverse effects of the proposed regulations.
“These revisions will devastate our ability to protect and preserve historic places and would dramatically curtail public participation in federal decisions that affect local communities. They strip the regulations of the language for meaningful consultation, change the definition of consultation, eliminate the requirements for “avoidance, minimization, and mitigation,” eliminate protections for Traditional Cultural Landscapes, and imperil thousands of significant cultural and historical sites who will not meet the new definition of “historic.” They are a betrayal of Congress’s intent when it passed the NHPA sixty years ago, and a betrayal of the government-to-government relationship with Tribal Nations.”
How can I get involved?
Preservation Iowa is assisting with the nationwide effort to identify stories of how the Section 106 process made a positive impact for historic resources and the heritage of a community, rural area, or region. These examples will be used to illustrate the value of Section 106 in providing a local voice in historic preservation. If you know of a project (federally funded, licensed or permitted) in your community that was reviewed through Section 106, please let us know some basic details on the project, as well as any local consultation and resulting changes to the project or mitigation. Information can be submitted through this Section 106 form, by sending an email to info@preservationiowa.org with Section 106 in the subject line, or through our Connect & Contact Us page.
Examples include federal projects developed by the Department of Transportation (DOT), Corps of Engineers, General Services Administration (GSA), U.S. Postal Service, Housing and Urban Development (HUD), Federal Emergency Management Agency, Federal Communications Commission, etc.
The National Trust for Historic Preservation (NTHP) is collecting Section 106 success stories from across the United States of where Section 106 led to win-win outcomes as they continue to champion the importance of Section 106 of the National Historic Preservation Act (NHPA). Please submit your story to Preservation Iowa as well as directly to the National Trust for Historic Preservation.
Preservation Iowa stands with the National Trust for Historic Preservation (NTHP) in encouraging residents of Iowa (and other states) to reach out to their Senators and Representatives in Congress to tell them about the importance of Section 106 and historic preservation in the state and country. As part of their campaign to generate 250,000 letters to elected officials, the NTHP has created a Take Action to Contact Congress page that easily collects your information, identifies your representatives and senators, and generates a basic letter to be sent, which can be personalized with individual stories and comments. Please consider taking 5 minutes to join this effort!
The National Trust for Historic Preservation is also encouraging people across the country to contact their governors to let them know the importance of historic preservation, Section 106, and support for State Historic Preservation Offices. On their Take Action to Tell Your Governor page, information can easily be entered and a basic letter generated to be sent, which can be personalized with individual stories and comments.
Finally, when members of Congress are home on recess, this creates an opportunity for preservation advocates to make their voices heard at the local level. While lawmakers are back in their home districts, this is the time to engage directly, build relationships, and elevate the importance of historic preservation in your community. The National Trust for Historic Preservation has an excellent toolkit on Making the Case for Preservation that includes advocacy for Section 106 and the Historic Preservation Fund, as well as other pertinent current issues.