The National Historic Preservation Act of 1966, as amended (NHPA) recognizes that historic preservation is a public interest.  Recently, significant changes to the NHPA Section 106 regulations have been proposed.

This blog post provides an overview of the proposed changes to Section 106 and where to find more information.

What’s happening?

On July 17, 2026, the Advisory Council on Historic Preservation (ACHP) proposed significant revisions to 36 CFR Section 800 – Protection of Historic Properties, the regulations governing the federal Section 106 process. You can learn more about ACHP and its role here.

On July 24, 2026, ACHP voted to move forward with a federal Notice of Proposed Rulemaking (Notice) and extensive rewriting of the Section 106 regulations.

ACHP submitted the draft proposal to the Office of Information and Regulatory Affairs within the White House Office of Management and Budget (OMB) for interagency review. OIRA is still reviewing the Notice and proposed changes. Once this review is complete, the Notice will be published in the Federal Register and the formal public comment period begins.

Bookmark this page on the National Conference of State Historic Preservation Officers (NCSHPO) website to learn more about OIRA and the rulemaking process.

What is Section 106? How does it work in Pennsylvania?

Section 106 and its implementing regulations, 36 CFR 800, require Federal agencies to consider historic resources in the planning and execution of any project carried out by them or others that receive federal funding, permits, or approvals. Historic resources are buildings, structures, districts, objects, and/or archaeological sites eligible for or listed in the National Register of Historic Places.

It is important to note that Section 106 does not mandate a preservation outcome. What it does mandate, in its current form, is for Federal agencies to consider the effects of federally sponsored projects on historic properties in consultation with identified historic preservation stakeholders. These stakeholders include:

  • the State Historic Preservation Office (in Pennsylvania, PA SHPO)
  • Tribal Historic Preservation Office or other representatives of federally recognized tribes/nations
  • Local governments, including Certified Local Governments (CLGs) and
  • Consulting parties, which are individuals and organizations with a demonstrated economic, legal or historic preservation interest in a project.

In the Section 106 process, SHPOs advise and assist federal and state agencies and local governments in determining if their projects will affect significant historic resources. They work to balance historic preservation concerns alongside project purpose and need through consideration of avoidance and minimization alternatives. If it is not possible to avoid or minimize effects, SHPOs work with local preservation interests, local governments, federally recognized Tribes and Nations, federal agencies, ACHP, and applicants to develop meaningful mitigation to resolve adverse effects and allow projects to proceed.

In Pennsylvania, under Section 106, PA SHPO’s environmental review (ER) staff advise and assist federal agencies in determining if their projects will impact significant resources and, if so, how to address and resolve those effects. They are assisted in their review efforts by a small team of PA-SHARE triage specialists.

Vertical bar chart with three colors and data call outs.

This chart shows the volume of projects reviewed by PA SHPO’s ER and triage staff since the complete transition to PA-SHARE in 2021, which greatly improved our ability to review and respond to projects quickly.

Projects can be straightforward or complex, involve only above ground resources or archaeological resources, or both. Triage staff clear projects that do not involve historic properties or that have no effect on historic properties. Projects are forwarded to ER staff when there are historic properties present and the project will have an effect. Overall, SHPO’s review process is very efficient.

Colorful mosaic of geometric tiles.

The Cantini Murals in Pittsburgh is an example of a successful Section 106 project. Read more here.

What are the changes being proposed?

The changes being proposed to the Section 106 regulations are numerous and substantial. At their core, the changes significantly change the consultation process between federal agencies, state agencies, local governments, and the public.

Many of our national partners provide in-depth summaries of the changes and their consequences, particularly as it relates to their audiences:

National Conference of State Historic Preservation Officers (NCSHPO)

National Trust for Historic Preservation (NTHP)

National Alliance of Preservation Commissions (NAPC)

National Association of Tribal Historic Preservation Officers (NATHPO)

National Preservation Partners Network (NPPN)

American Cultural Resources Association (ACRA)

Society for American Archaeology (SAA)

Cultural Heritage Partners (CHP)

What can I do?

Here are a few things you can do:

  • Review our partners’ materials linked above to familiarize yourself with the proposed changes and their impacts.
  • Attend Preservation PA’s upcoming Statewide Conference on Heritage in York, PA in September to join preservationists from across the state to discuss this significant issue at this critical time.
  • Share Section 106 success stories with us to add to our growing collection. Email us and tell us the location, project, and outcome.
  • Monitor the rulemaking process.

 

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