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Section 106 Regulations Review

ACHP Review and Potential Revisions to the Section 106 Regulations (36 CFR Part 800)

This page provides a single, stable reference point for NATHPO members to track the Advisory Council on Historic Preservation’s (ACHP) review of the Section 106 regulations at 36 CFR Part 800. It is intended to help members follow developments sequentially, access key documents, and understand what actions NATHPO and Tribal partners are taking as this effort progresses over the coming months.

What the ACHP Proposed. At the February 12, 2026 ACHP Business Meeting, ACHP Vice Chair Travis Voyles directed the Council to carry out a Council-led review of the Section 106 regulations at 36 CFR Part 800. The stated goal is to consider whether the regulations should be modified, clarified, or “streamlined” to better accomplish the statutory objectives and requirements of the National Historic Preservation Act (NHPA). In the meeting materials, ACHP referenced challenges stakeholders have raised under the current regulations, including lengthy and protracted reviews, difficulty addressing effects beyond the immediate project footprint, burdens for long linear projects, challenges reaching agreement on routine effects, and delays to projects that serve the public.

The Six Questions ACHP Posed to Council Members

  1. Could the Section 106 regulations, or any portion thereof, be streamlined to more effectively achieve the statutory objectives of the NHPA? If so, what changes should be made?
  2. Is there any portions of the Section 106 regulations that are difficult to interpret or have become unnecessary, ineffective, or ill-advised? If so, please identify them.
  3. Have the Section 106 regulations, or any portion thereof, become outdated? If so, how can they be modernized to better accomplish the statutory objectives of the NHPA?
  4. Can any new technologies be leveraged to modify or streamline the Section 106 regulations? If so, please identify them.
  5. What additional information should the ACHP collect regarding the Section 106 process? Should the collection of such data be directed in the regulations?
  6. Are the Section 106 regulations, or any portions thereof, inconsistent with any Executive Orders or directives issued by the President? If so, what modifications would ensure consistency with the orders and applicable law?

Why This Matters for Indian Tribes and THPOs. Any changes to Part 800 will have compounding impacts that Tribal governments must consider. Tribes engage in Section 106 both off Tribal lands, where Tribes participate as consulting parties on undertakings that may affect Tribal interests, and on Tribal lands, where Part 800 shapes day-to-day governmental operations and cultural resource decision-making. Because these realities are interconnected for Tribal governments, NATHPO is emphasizing that ACHP should conduct robust government-to-government consultation regarding the regulatory review itself, consistent with Executive Order 13175 and the Presidential Memorandum on Uniform Standards for Tribal Consultation, and that any approach to “streamlining” must not be used to reduce consultation or narrow protections for sacred sites and properties of religious and cultural importance to Tribes.

Where the Process Stands. This effort is currently in a Council Member-driven review phase that includes formation of a workgroup to guide initial directions and planning. This phase is distinct from formal rulemaking. It is also distinct from consultation that occurs within a specific Section 106 review for a particular undertaking. Tribes may continue to have active project consultations under the current regulations while the regulatory review proceeds.

What Tribes and THPOs Can Do Now. Tribes and THPOs are encouraged to begin internal briefings so Tribal leadership, legal offices, and policy staff understand the NHPA, 36 CFR Part 800, and the role of Indian Tribes and THPOs where applicable. Tribes may also share input with NATHPO at any time. When providing input, it is helpful to include: (1) top priorities, (2) a brief example of how the issue shows up in practice (no sensitive details required), (3) what regulatory or guidance change would fix it, and (4) what documentation or decision-point requirement would prevent the problem from recurring. If information is sensitive, Tribes can describe concerns at a high level and flag confidentiality constraints.

Timeline and Key Milestones.

  • January 26, 2026: Vice Chair Voyles notified Council Members of the intent to initiate a review of the Section 106 regulations at 36 CFR Part 800.
  • January 30, 2026: ACHP provided members with Meeting Book Materials outlining the request.
  • February 12, 2026: The review was formally discussed at the ACHP Business Meeting, and Members were given action items and deadlines. Council Members were asked to submit expressions of interest in participating on the Part 800 workgroup. Council Members were asked to submit written feedback to the Vice Chair responding to the review questions to help inform the workgroup’s initial framing and priorities by February 27.
  • February 23, 2026: NATHPO shares a summary of the Council’s action to initiate a review of the Section 106 regulations.
  • February 23–24, 2026: NATHPO convened two nationwide 90-minute forums with Tribal Leaders and THPOs to inform NATHPO’s initial comments and recommendations.
  • February 27, 2026: NATHPO submitted written feedback to the Vice Chair responding to the review questions to help inform the workgroup’s initial framing and priorities.
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NATHPO Actions and Engagement. NATHPO has engaged this effort as an ACHP member while convening Tribal input to inform a credible, Tribal-driven response. Consistent with the Vice Chair’s request, NATHPO requested to participate on the Part 800 workgroup and submitted initial written comments to ACHP pursuant to the February 27 Council Member deadline. Those initial comments were informed by NATHPO staff expertise and by two nationwide 90-minute listening forums with Tribal Leaders and THPOs held on February 23 and February 24, convened specifically to gather Tribal input for this effort. NATHPO leadership is also coordinating with ACHP staff and collaborating with key preservation partners, including the National Conference of State Historic Preservation Officers (NCSHPO) and the National Trust for Historic Preservation (NTHP), as this process advances.

NATHPO’s Initial Themes and Priorities. The following themes reflect the priority issues raised consistently by Tribes and THPOs and the fixes NATHPO is advancing in this early stage.

  1. Early, decision-shaping government-to-government engagement with Tribes, not late-stage consultation after key decisions are already set.
  2. Stronger documentation and record sufficiency throughout the sequential Section 106 process, including improvements to documentation standards under 36 CFR 800.11.
  3. Clear confirmation that federal agencies remain responsible for identification, evaluation, and documentation, and that these responsibilities must not be shifted onto Tribal governments through “gather information” practices or applicant-driven engagement.
  4. Indigenous Knowledge and Tribal special expertise treated as valid, self-supporting evidence throughout identification, evaluation, effects analysis, and resolution.
  5. Stronger protections for confidentiality and sensitive information, so Tribal engagement can inform decisions without forcing disclosure of protected details.
  6. Consultation requirements that cannot be bypassed through program alternatives, agreement documents, standard treatments, exemptions, or expedited pathways.
  7. Clearer, more consistent APE practices and project descriptions, including usable geospatial information to support efficient Tribal review where appropriate.
  8. Avoidance-first discipline for sacred sites and heightened safeguards for burial sites, human remains, and funerary objects, including culturally appropriate handling and strong documentation.
  9. Technology and AI guardrails, including secure documentation tools that improve accountability without substituting for consultation or operationalizing sensitive Tribal cultural information.
  10. Compensation when federal agencies request Tribes or THPOs to perform agency-responsibility work (research, survey, monitoring, documentation) needed to support Section 106 decision making.

Documents and Resources. Links to key materials:

For questions or to provide input, please contact Ira L. Matt, NATHPO Executive Director, Indigenous Diplomacy and Federal Relations, at Ira@NATHPO.org.

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