Trump-backed preservation council moves to weaken historic review rules

The Advisory Council on Historic Preservation has circulated sweeping revisions that could strip back mandatory state review and public comment on federal projects affecting historic properties, shifting more power to a 24-member federal body whose members were mostly handpicked by President Donald Trump. The council, based in Washington, D.C., has 24 staff members. Its mission is to guide federal agencies in reviewing and addressing effects on historic places.

Section 106 of the National Historic Preservation Act is the federal preservation review that requires agencies to consider effects on historic properties and consult with stakeholders before moving forward. That process now reaches a wide range of projects, including housing, transportation and other major federal actions. If the proposed revisions go forward, public comment and consultation with state, local and tribal authorities could be eliminated or sharply reduced in some review contexts.

The council signaled a review of the rules earlier in 2026. In February, ACHP materials outlined a Section 106 regulation review, and by June the council had received input from members on possible revisions and staff had compiled that input. A June meeting note put the current regulations at 22 years old. The council’s strategic plan for fiscal years 2026 through 2030 includes a goal of ensuring historic preservation reviews under Section 106 are carried out effectively.

Preservation groups moved quickly after the rewrite circulated. Late Friday, July 17, the National Association of Tribal Historic Preservation Officers provided members with sweeping proposed revisions to the regulations implementing Section 106 at 36 C.F.R. Part 800. The National Conference of State Historic Preservation Officers warned that the move could mean “the end of Section 106 as we know it,” while the National Trust for Historic Preservation warned Section 106 is under threat. The Washington Trust for Historic Preservation posted an advocacy alert on July 22 titled “Fighting for Section 106.”