War Room for Threats to Section 106

Action Alert: ACHP Launches Major Review of Section 106 Regulations

The Trump Administration’s stated goals to “streamline” permitting and “modernize” regulations came to historic preservation and the Advisory Council on Historic Preservation has initiated the first comprehensive review of the Section 106 regulations in over two decades. At their business meeting on February 12, the ACHP established the goal of this effort will be “to consider how the Section 106 regulations might be modified, clarified, or streamlined to better accomplish the statutory objectives and requirements of the National Historic Preservation Act (NHPA).” Chairman Voyles called for the Council to move “without delay” and requested the council members provide feedback by February 27, 2026.

We encourage preservation leaders to prepare a record of evidence-based solutions for the ACHP task force. With the ACHP merging its Tribal and Preservation offices due to staff cuts (now the Office of External Engagement), there are concerns about the Council’s capacity to handle the heavy consultation load required for these changes. Additionally, nine of the ACHP members have been in place for only about a month. Active engagement from potentially impacted communities, local governments, tribal governments, CRM consultants, and preservation advocates is absolutely critical to inform this process and to build a strong administrative record to support federal decision making. We prepared and sent Chairman Voyle comments which you can read below. 

  • If you know of a project where federal agencies are already cutting corners in the Section 106 review process, contact us confidentially on Signal (marionchp.106) or by email (fightback@culturalheritagepartners.com). Let us know what you are seeing and hearing in your communities.

The Trump administration is threatening America’s historic and cultural heritage—and we must act immediately.

On January 20, 2025, President Trump issued an Executive Order Declaring a National Energy Emergency (EO)—a manufactured crisis designed to bypass critical permitting reviews. Under this EO, the Advisory Council on Historic Preservation is directing federal agencies to sidestep Section 106 of the National Historic Preservation Act, a cornerstone of preservation law that has safeguarded our tribal, community, and national heritage for decades.

This order means that agencies can suspend consideration of historic properties for any project an agency claims is related to energy production—regardless of its actual necessity. We are concerned that agencies will fast-track projects without public input, meaningful consultation with Tribes, or any obligation to avoid or mitigate damage to historic sites, sacred places, and cultural landscapes. If left unchallenged, these directives could result in irreversible destruction to the places that define our history and identity.

Latest Lists of Projects Subject to the Emergency Provisions and Agency Guidance

  • Watch the replay of the ACHP’s March 19th business meeting on Facebook or YouTube. Get additional details on how the ACHP is complying with other executive orders. Hear what their latest actions mean for the future of America’s preservation policy

How Can You Help?

  • Sign up for our email distribution list to receive urgent updates.

  • Contact us confidentially on Signal (marionchp.106) or by email (fightback@culturalheritagepartners.com) to alert us to potential cases to defend cultural heritage and to let us know what you are seeing and hearing in your preservation work. 
  • If you are a current or former federal contractor or employee with a perspective on the effects of the executive order on historic preservation, consider doing an interview with the Federal Employees & Contractors Oral History Project.

Source Documents

  • Lawsuit Filed on May 9, 2025 by 15 States against the President, Army Corps of Engineers, and the Advisory Council on Historic Preservation challenging the use of the Emergency Procedures
  • Executive Order Declaring a National Energy Emergency (EO)—a manufactured crisis designed to bypass critical permitting reviews (January 20, 2025)

Resources

Press 

 

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