Hello Historic Resources Committee Members,
Sharing this here so the Historic Resources Committee has full visibility. We sent an action alert to members earlier, and this is the same information for your community.
The Advisory Council on Historic Preservation is moving to rewrite the regulations under Section 106 of the National Historic Preservation Act, with a vote requested by this Friday, July 24.
The draft would shift decision making almost entirely to federal agencies, cut State and Tribal Historic Preservation Officers out of the process, reduce public participation, narrow what counts as a historic property, and weaken requirements to avoid or mitigate harm to historic resources.
AIA is asking members to contact Congress and urge lawmakers to call for a pause or delay until the proposal receives appropriate review and stakeholder input. We are resharing the member alert below for you to take action.
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Dear friends and colleagues,
Late on Friday, July 17, the Advisory Council on Historic Preservation (ACHP) circulated a near-complete draft of a sweeping rewrite of the regulations implementing Section 106 of the National Historic Preservation Act (36 C.F.R. Part 800) to Council members and requested a vote by this Friday. These regulations govern how federal agencies consider impacts to historic properties during project planning and delivery.
This is a fundamental restructuring of the Section 106 process that would:
- Shift decision-making authority almost entirely to federal agencies
- Limit or eliminate the role of State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), Tribes, and local governments in shaping outcomes
- Curtail public participation and remove preservation organizations and community stakeholders from formal consultation roles
- Narrow what qualifies as a "historic property," excluding thousands of culturally and historically significant sites
- Eliminate or weaken requirements to avoid, minimize, or mitigate harm to historic resources
- Allow agencies to make unilateral determinations through internal reports rather than negotiated agreements
For architects, this shift has major consequences. Section 106 has helped surface local knowledge, avoid costly project conflicts, and improve design outcomes by integrating preservation considerations early. A move away from consultation toward full agency control risks increasing project uncertainty, community opposition, and litigation exposure.
While AIA is actively coordinating with national partners and preparing advocacy and legal strategies, immediate congressional engagement is critical.
We are urging Congress to exercise oversight and call on ACHP to pause or delay any vote or implementation of this proposal to allow for appropriate review and stakeholder input.
The actions by ACHP diminishes the voice and agency of the architect in this process.
Sincerely,
Illya Azaroff FAIA
AIA National President 2026
Take Action: Email your Members of Congress and urge them to weigh in with ACHP.
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Taunya Everett
The American Institute of Architects
Washington DC
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