The Government Council That Protects Historic Sites Is Voting on Big Rule Changes

A federal council that oversees historic preservation is preparing to vote on rule changes that would no longer require agencies to consult with Native American tribes before starting projects, would make public comment optional, and would change what kinds of places count as historic. NPR obtained draft language of the proposed revisions in July 2026, and ACHP Vice Chair Travis Voyles sent an email to council members in mid-July 2026 asking them to vote on the new wording. NPR
Here is what is at stake. There is a federal law called the National Historic Preservation Act. One part of it, known as Section 106, says that before a government agency builds, funds, or approves a project, the agency must check whether the work could damage or destroy places that are historically or culturally important. If it could, the agency has to talk with affected groups, including Native American tribes, and give the public a chance to weigh in. The goal is to find ways to avoid or reduce harm before the project moves forward.
President Trump appointed Voyles as ACHP vice chair to serve in an acting capacity. The ACHP chair position is vacant as of July 2026; President Trump has not nominated a new chair. Sara Bronin, former Senate-confirmed chair of the ACHP under President Biden, stated that President Trump controls 21 of the 24 members of the Advisory Council on Historic Preservation. The White House and the Department of the Interior did not respond to NPR's request for comment on the proposed Section 106 changes. NPR
On July 21, 2026, the ACHP published a news item on its website confirming it is considering modification of the regulations that govern Section 106. The council cited a recent listing in the Unified Agenda, which is a government publication of planned regulatory actions. The ACHP held its Summer Business Meeting on June 4, 2026, at the National Building Museum in Washington, DC. ACHP
News organizations began reporting the Trump administration's effort to rewrite federal historic-preservation rules in mid-July 2026. The Washington Post reported on July 20, 2026, that critics warn the plan would narrow the public role in historic reviews. CNN reported on July 21, 2026, that the Trump administration is seeking to rewrite the rules to smooth the way for pet projects. The Atlantic published an article in July 2026 reporting that the council will consider a vote to revise the Section 106 rules. The Washington Post; CNN; The Atlantic
Greg Werkheiser, a lawyer at Cultural Heritage Partners, criticized the proposed changes, saying the effort would make millions of historic and culturally significant sites 'less protected.' The National Register of Historic Places, the official federal list of properties worth preserving, contains over 100,000 properties encompassing more than 1.8 million buildings, structures, sites, objects, and districts. NPR
The proposed Section 106 revisions are the latest in a series of regulatory actions by the ACHP in 2026. The ACHP published a rule titled 'Rescission of Procedures for Implementing the National Environmental Policy Act (NEPA)' in the Federal Register on June 5, 2026, which references Section 106 rulemaking to revise and update 36 CFR part 800. As of the Federal Register index page, the ACHP is described as proposing to rescind its regulations titled 'Historic Preservation Requirements of…'. On April 2, 2026, the ACHP published a 'Notice of Amendments to the Program Comment To Avoid Duplicative Reviews for the Wireless' in the Federal Register. On May 5, 2026, the ACHP published a 'Notice of Issuance of the Department of the Army Program Comment for Army Warfighting Readiness' in the Federal Register, referencing Section 106 regulations. Separately, on May 7, 2026, the ACHP announced a Section 106 training schedule including in-person and digital classroom courses along with webinars for June and September 2026. Federal Register; Federal Register; Federal Register; Federal Register; ACHP
The broader context here is a sustained effort by the ACHP under the current administration to streamline or eliminate regulatory steps in historic review. This effort aligns with the NEPA rescission and program comments focused on wireless infrastructure and Army readiness. With Trump controlling 21 of 24 council seats and the chair position vacant, the ACHP has the votes to approve the Section 106 revisions. For people who work in historic preservation, the effects would be immediate: Section 106 reviews traditionally require consultation with Native American tribes and ask for public comment. Making those steps optional, and redefining what qualifies as historic, would change how federal agencies plan projects and follow the rules.
In my view, the stakes for historic preservation are high. Section 106 is the main tool that requires federal agencies to account for how their projects affect historic properties. If the draft revisions pass, the scope of what gets reviewed and who gets a voice in that process narrows. Federal agencies would have more freedom to move forward with projects without mandatory tribal consultation or public input, which could speed up timelines but would shift how historic and cultural impacts are weighed in federal decision-making.


