08/05/2026
Section 106 of the National Historic Preservation Act (NHPA) currently provides a structured process for review and protection of the historic places we love. Under the proposed Section 106 changes, there would be a lack of communication and collaboration with important stakeholders including Tribal Nations, local governments, the public, and interested parties. This would create a system in which stakeholders do not get to participate in the planning of projects.
So why does this matter for everyone? The change would result in the removal of historic properties under the National Register of Historic Places (NRHP). This would include places of public interest such as public parks, cemeteries, neighborhoods, and homes. The proposed changes no longer require the inclusion of meaningful dialogue with community stakeholders regarding changes in status of historic sites. To stay informed on this topic, follow the NATHPO page and learn more at the links below!
https://culturalheritagepartners.com/war-room-for-threats-to-section-106/
https://www.heinrich.senate.gov/newsroom/press-releases/heinrich-enr-members-release-statement-urging-advisory-council-on-historic-preservation-to-reject-rule-gutting-tribal-consultation
Late last week, the Advisory Council on Historic Preservation shared sweeping draft revisions to the Section 106 regulations under the National Historic Preservation Act, with the expectation that Council members vote on them by Friday, July 24. Section 106 is one of the primary tools Tribal Nations and Tribal Historic Preservation Officers (THPOs) use to protect sacred places and cultural resources.
These proposed regulations are not a technical adjustment. They would fundamentally weaken the role of Tribal Nations and THPOs in the Section 106 process. They would also undermine the consideration and protection of sacred places, cultural landscapes, and the traditions and practices connected to them. NATHPO is deeply concerned that changes of this magnitude are being advanced without giving Tribal Nations a meaningful opportunity to review the proposal, understand its consequences, and make their voices heard before the Council acts.
NATHPO is coordinating with Tribal representatives, legal experts, and national preservation partners to assess the proposed revisions and determine an appropriate path forward. We are also convening Tribal forums to provide information, hear directly from Tribal Nations and THPOs, and ensure their concerns guide our response. Those forums, open to Tribal Leaders, THPOs, and other Tribal government employees, will take place July 21 and July 28.
NATHPO will continue working to ensure that Tribal sovereignty, the federal trust responsibility, and the rights of Indian Tribes are not disregarded in this process. The federal preservation system cannot be weakened at the expense of meaningful Tribal participation or the places and practices Tribal Nations have carried forward since time immemorial.