Last week, we examined the Advisory Council on Historic Preservation’s (ACHP) proposed rewrite of the Section 106 regulations and why it represents the most significant change to the process in decades. If you haven’t already, we encourage you to read The End of Section 106 as We Know It?, which explains what’s in the proposal and why it matters.
Since then, we’ve received numerous questions about how this process unfolded and what happens next. Here’s a look at both.
How We Got Here
January 30, 2026
ACHP Vice Chairman announces intent to revisit the Section 106 regulations, emphasizing collaboration with ACHP council members and the broader preservation community, while ensuring any changes remain consistent with the National Historic Preservation Act.
February 12, 2026
The ACHP announces plans for a Section 106 Working Group and invites members to participate and submit preliminary recommendations.
February 17–20, 2026
NCSHPO requests membership in the Working Group (but receives no response).
June 4, 2026
The ACHP adopts a resolution directing staff to develop a regulatory timeline within 30 days and continues accepting member recommendations through August 3.
July 8, 2026
Council members are informed that the regulatory timeline has been prepared and is awaiting release.
July 18, 2026
Instead of receiving the anticipated timeline, ACHP members receive a nearly complete draft Notice of Proposed Rulemaking and are asked to vote within one week during an unassembled meeting.
July 23, 2026
During NCSHPO’s Summer Board Meeting in Minneapolis, the Board convenes an emergency session to review the proposal. The Board unanimously votes to oppose the proposed regulations, and NCSHPO subsequently casts a NO vote as an ACHP member.
July 24, 2026
ACHP unassembled vote advances the notice of proposed rulemaking for revisions to the regulations implementing Section 106 of the National Historic Preservation Act (36 CFR Part 800), with 16 voting in favor, 5 opposed, and 2 abstentions.
What Happens Next?
Now that the proposal is moving forward, these things typically follow a path like this:
Step 1 — OIRA Review
The proposal moves to the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget for regulatory review and potential interagency coordination.
Step 2 — Proposed Rule Published
If OIRA review is completed, the ACHP publishes a Notice of Proposed Rulemaking in the Federal Register.
Step 3 — Public Participation
This is when formal public comment begins. Tribal consultation, consultation with State Historic Preservation Offices, and comments from local governments, preservation organizations, applicants, and the public become part of the official record.
Step 4 — Final Rule Development
The ACHP reviews comments, revises the proposal as appropriate, and prepares a final rule for consideration by the Council.
Step 5 — Final Review and Publication
Following a second OIRA review, the final regulation may be published in the Federal Register, typically becoming effective 30 days later.
A Few Important Questions
Has the public been invited to comment?
Not yet. Formal public comment will be requested after a Notice of Proposed Rulemaking is published in the Federal Register.
Could the timeline change?
Yes. While the process above reflects the standard federal rulemaking process, timelines can shift, and the potential exists for expedited processes.
Can the proposal be challenged in court?
Legal challenges generally require a final agency action before proceeding.
Looking Ahead
This proposal represents one of the most consequential preservation policy initiatives in decades.
NCSHPO supports thoughtful improvements to the Section 106 process that increase efficiency while preserving the collaborative consultation framework established by Congress. As this proposal continues through the federal rulemaking process, we will provide timely updates, analysis, and resources to help State Historic Preservation Offices and the broader preservation community stay informed and engaged.
