What Happened
On July 24, 2026, the Advisory Council on Historic Preservation (ACHP) voted 15 to 5, with 2 abstentions, to advance a proposed rewrite of the Section 106 regulations at 36 CFR Part 800. It advanced the proposed rulemaking; it did not finalize any changes. Based on the draft that was advanced for rulemaking, the proposal would narrow review scope, reduce consultation, reinforce agency decision making authority, shift from avoidance to mitigation, and limit tribal input.
Nothing has changed yet. The existing regulations remain in effect, and projects in consultation continue under current requirements. The draft next goes to the Office of Information and Regulatory Affairs (OIRA) for interagency review, then publishes in the Federal Register for a 30-day comment period, expected before the end of 2026.
Read more in the full Regulatory Alert.
Why It Matters
Section 106 is not going away. Federal agencies will still have to consider effects on historic properties before approving undertakings, and those properties will still need to be identified and evaluated. What may change is how the process runs: what qualifies as a federal undertaking, how effects are weighed, and how much consultation is required.
While ACHP’s proposal has moved forward procedurally, it remains a draft and is expected to face public comment and legal scrutiny. There is no basis to change your project strategy or consultation approach today. If your project is in consultation, continue under the current rules.
SWCA Lens
We have followed this rulemaking since the ACHP began discussing modifications to Section 106 in January, and advancing with the recent vote, which arose faster than most observers expected. We are evaluating the draft provisions and what they mean for current and future work.
Whatever happens with Section 106, cultural resources will continue to shape federal project decisions. If you have a project with a federal nexus, contact us to discuss what this proposal could mean for your scope and schedule. SWCA always remains available to assist with cultural resources consultation, federal or non-federal, in support of project planning and development, addressing historic preservation values and community relations, and derisking projects.
