Section 106 of the National Historic Preservation Act Under Threat
Utah, USA
History and Architecture
Law: Section 106 of the National Historic Preservation Act (NHPA)
Year Enacted: 1966 (now in its 60th year)
Scope: This is the main federal process for reviewing preservation, carried out under the rules in 36 C.F.R. Part 800.
Section 106 requires federal agencies to consider how their actions—such as projects they fund, permit, license, or approve—might affect historic properties before moving forward. Congress created the NHPA in 1966 after years of urban renewal and highway projects destroyed many historic downtowns, neighborhoods, and archaeological sites without much public input. The law set up a system where each state has a State Historic Preservation Office (SHPO) to review federal projects and ensure the public, Tribal Nations, and local governments have a say. Section 106 does not give anyone the power to stop federal projects. Instead, it is a four-step process to identify historic properties, assess impacts, and, when harm cannot be avoided, find ways to let projects continue while still protecting important places.
What is Happening
Jurisdiction: Advisory Council on Historic Preservation (ACHP) / federal rulemaking (Office of Information and Regulatory Affairs, Federal Register)
Decision Type: Proposed rewrite of the regulations (36 C.F.R. Part 800) implementing Section 106.
On July 17, 2026, the ACHP's acting Vice Chairman shared a nearly complete rewrite of the Section 106 regulations and called for a quick, email-based Council vote within one week, instead of the usual 30 or 60-day review process. On July 24, 2026, the Council voted to move the draft forward as a Notice of Proposed Rulemaking. Three members—the National Trust for Historic Preservation, the National Conference of State Historic Preservation Officers, and the National Association of Tribal Historic Preservation Officers—voted no. If approved, the draft would remove the rule that agencies must avoid or reduce harm to historic places, take away the right of state and local governments to be notified or to comment, make public input optional, end required consultation with Native American Tribes, and narrow the definitions of "historic property" and "adverse effect" so that cultural landscapes and indirect impacts would not count. The draft will now go to the Office of Information and Regulatory Affairs for review, then to the Federal Register, which will open a 30-day public comment period.
Why This Matters
Section 106 is effective, and Utah is proof. The Utah State Historic Preservation Office reviews about 1,500 federal projects each year and finds an adverse effect in only about 3 percent of cases. It completes 98 percent of reviews in seven days or less. This record shows the process is not causing delays, as some critics claim. When a state supports the process, it leads to quick, reliable, and cooperative results. Weakening Section 106 will not speed up federal projects or lower costs. Instead, it removes the system that helps spot problems early and avoid expensive conflicts and lawsuits when communities are left out. Preservation Utah, as part of the National Preservation Partners Network, stands with partners across the country in opposing this closed process. We are not against reform, but we do oppose dismantling a process that has protected Utah's historic places for sixty years.
Media Coverage / Resources
Utah Public Radio, July 23, 2026; Trump allies vote to weaken protections for historic sites, not just in D.C.
NPR, July 24, 2026; Trump allies vote to weaken protections for historic sites — not just in D.C.
National Trust for Historic Preservation; Section 106 is Under Threat: What You Need to Know (includes downloadable fact sheet and the Trust's no-vote letter)
Advisory Council on Historic Preservation; ACHP Votes to Move Forward with NPRM
Key Dates & Deadlines
July 30, 2026, 11:00 a.m. MT. Free webinar, "Section 106 Regulations Under Threat," hosted by the National Trust for Historic Preservation. Register at savingplaces.org.
The Federal Register is expected to publish the proposed changes soon, which will start a 30-day public comment period. Preservation Utah will update this alert with the exact deadline and the Regulations.gov link as soon as they are available.
How to Take Action
The best ways to make your voice heard are to attend the webinar, contact your members of Congress, and submit a public comment when the period opens.
Attend the webinar: Register for the July 30 National Trust briefing at savingplaces.org to understand the proposed changes and next steps.
Contact your members of Congress: Tell them Utah's historic places matter and ask them to oppose efforts to weaken Section 106. Find who represents you through Preservation Utah's Advocacy Resource Hub.
Sign up for Advocacy Alerts so you will be ready to submit a public comment as soon as the federal comment window opens.
Suggested talking points:
Describe why a historic place in your community matters to you; personal connections are influential.
Note that Section 106 gives states, Tribes, local governments, and the public a voice in federal decisions that affect their communities.
Mention Utah's record—98 percent of reviews are finished in seven days or less—as proof that the process works and does not need to be weakened to be efficient.
Ask that any changes be made through an open and thoughtful process that keeps consultation and public participation in place.
Outcome
Will update following the close of the federal public comment period.
What Comes Next
After the comment period ends, the ACHP will review and respond to public comments before making a final rule. Many expect legal challenges to follow. Preservation Utah will keep tracking the process and will update this alert with new chances for public participation as they come up.