Trump administration proposes rewriting Section 106 historic preservation rules

Aug 9, 2026

The Trump administration is moving to overhaul Section 106 of the National Historic Preservation Act, marking the first major rewrite of the rules in over two decades. The Advisory Council on Historic Preservation voted on July 24, 2026 to advance the deregulatory proposal, which is currently undergoing White House review. The proposed rules would narrow protections to geographically compact sites, exempt federally funded state and local road projects, and reduce mandatory consultations. Proponents argue the changes will prevent costly infrastructure delays, while Tribal leaders and preservationists warn the rules will sideline experts and threaten vulnerable historic landmarks.

Section 106 regulatory overhaul

▪The proposed Section 106 regulatory overhaul is classified in federal regulatory records as a deregulatory action and is undergoing review by the White House Office of Information and Regulatory Affairs.
▪The Advisory Council on Historic Preservation voted on July 24, 2026 to advance proposed revisions to rewrite the regulations implementing Section 106 of the National Historic Preservation Act.

Geographic scope restrictions

▪The proposed Section 106 revisions would eliminate the consideration of audible, visual, and atmospheric adverse effects on historic sites.
▪The proposed Section 106 rules would restrict protection to geographically compact sites, excluding archaeological sites, cultural landscapes, and areas of historic or religious importance to Indigenous groups.

Federal project exemptions

▪The proposed Section 106 rules would exempt state and local government undertakings, allowing federally funded state highway construction and local road expansions to avoid historic preservation scrutiny.
▪The proposed Section 106 rules would narrow what constitutes a federal undertaking and a historic property, reducing consultation requirements and giving federal agencies greater authority over review decisions.

Trump architectural projects

▪The National Park Service concluded on August 5, 2026 that Donald Trump's proposed 250-foot-tall Triumphal Arch at Memorial Circle would adversely affect 37 historic resources, including Arlington National Cemetery.
▪Donald Trump's proposed White House ballroom project is exempt from Section 106 review because Congress historically exempted the White House and its grounds from federal historic-preservation requirements.

Regulatory process circumvention

▪A March 2026 executive order directed the Advisory Council on Historic Preservation chairman to develop guidance maximally exempting or reducing Section 106 burdens on housing and supporting infrastructure.
▪The National Association of Tribal Historic Preservation Officers voted against advancing the proposed Section 106 regulations, with Executive Director Ira L. Matt calling the proposal an affront to Tribal sovereignty.

Expert review dismissal

▪Proponents of the Section 106 overhaul, including Senate committee members, argue the changes are necessary to address lengthy reviews, inconsistent interpretations, and unnecessary delays to critical infrastructure projects.
▪Critics state that the proposed Section 106 rules would allow federal agencies to ignore most consulting parties and consult remaining stakeholders only at the tail end of the planning process.