ACHP Moves to Rewrite Rules That Would Narrow Protections Under Section 106

Overview

• The Advisory Council on Historic Preservation voted to advance a draft rule that would change how federal agencies apply Section 106 of the National Historic Preservation Act.
• The proposal would tighten the definition of historic property by adding a “geographically compact” test, exclude broad cultural and natural landscapes, and make public comment and mitigation steps weaker or discretionary.
• Architects, Tribal Nations, preservation groups and legal experts condemned the move, saying it would sideline tribal and local officials and remove communities from decisions about sites that matter to them.
• Opponents warn the change could put roughly 1.4 million known sites at greater risk, including tribal sacred places such as Oak Flat/Chi’chil Biłdagoteel, and could speed approvals for projects that affect those places.
• A public comment window and potential rapid final rule are expected, and advocates are organizing coordinated legal challenges and congressional fixes to try to block or reverse the change.