Section 106 Under Threat

Aug 5, 2026

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In recent weeks, an alarm has been sounding across the country’s historic preservation community. It is ironic that in 2026, the year we are celebrating the 250th anniversary of the United States of America, that Section 106 of the National Historic Preservation Act of 1966 (NHPA) is under attack. The preservation of this nation’s collective history and the historic places that help tell the stories is in jeopardy.

Disappointingly, the independent federal agency responsible for administering requirements of the NHPA, the Advisory Council on Historic Preservation (ACHP), is the very entity advancing regulation changes that will weaken and dismantle the Section 106 review process.

On July 24, the ACHP voted to approve revisions to Section 106 (16 voting in favor, five opposed, and two abstentions). The National Trust for Historic Preservation, the National Association of Tribal Historic Preservation Officers, and the National Conference of State Historic Preservation Officers voted “no” to gutting Section 106. We thank these national organizations for pushing back and leading the effort in this fight.

What is Section 106?

Section 106 requires federal agencies to evaluate how projects would affect historic places—those properties listed or eligible for listing in the National Register of Historic Places. The Section 106 process is an important preservation tool for the public to have a voice in preserving historic properties in their communities. However, the approved changes would substantially reduce public input and weaken the role of consulting parties (including Tribes, State Historic Preservation Offices, and preservation organizations), giving greater decision-making authority to federal agencies to undertake or approve projects that may have adverse effects on historic resources.

What can you do?

Learn as much about this issue as you can (see list of resources below) and stay informed as the issue evolves. We highly recommend the National Trust for Historic Preservation’s Section 106 Under Threat webpage for the latest information.
View the recorded online July 30 webinar hosted by the National Trust for Historic Preservation to get a good overview of the issue. The webinar covered potential impacts of the proposed changes to Section 106 regulations, provided information about next steps and the timeline for the process, and what you can do to push back against this threat to the work of historic preservation.
Sign up and attend the August 12 webinar hosted by the National Trust for Historic Preservation to get a deeper dive into the issue. Hear from Betsy Merritt, Deputy General Counsel at the National Trust, and other issue experts to better understand the implications and technical complexities of the proposed changes to the Section 106 regulations.
Contact Governor Bob Ferguson, Attorney General Nick Brown, and Washington’s Congressional representatives to share how regulatory changes that weaken Section 106 will impact historic properties in Seattle and the state, and ask them to oppose the changes.
When the public comment period opens, submit your opposition to the ACHP. Start preparing your letter now and add/revise when you learn more. We will share more information when the 30-day comment period opens. Your comments are needed for the record.

Historic Seattle stands in opposition with our preservation partners around the country. We anticipate the decision will be challenged legally after final ACHP action.