Section 106 Is Under Threat: Help Defend Meaningful Review and Public Participation
Proposed federal regulatory changes could limit communities’ ability to participate when federally funded, licensed, or permitted projects affect historic and cultural resources.
South facades of Hangar 2 and Hangar 3, Naval Air Station Moffett Field, Stephen D. Schafer, 2022. Courtesy Library of Congress, Prints & Photographs Division, HAER, CA-335-B-43
Hangars 2 and 3, Moffett Field: NASA followed Section 106 review to assess potential effects of a proposed rehabilitation in 2015. The consultation concluded the project would have no adverse effect. Hangar 3 was subject to subsequent Section 106 consultation after its structural system was found to be compromised. The Section 106 process identified numerous mitigations for the demolition of Hangar 3.
“Docomomo US strongly opposes the proposed changes to the Section 106 regulations, which would significantly reduce public participation, weaken the role of consulting parties, and shift greater decision-making authority to federal agencies.”
Updated on September 21, 2026
The Advisory Council on Historic Preservation (ACHP) voted on July 24, 2026, to advance proposed revisions to the regulations that govern review under Section 106 of the National Historic Preservation Act. The revisions are now undergoing further federal review, with a 30-day public comment period expected once that process is complete.
Docomomo US/Northern California joins Docomomo US and preservation, architectural, Tribal, environmental, and community partners in opposing changes that could reduce public participation, weaken the role of consulting parties, and concentrate more authority in federal agencies. Section 106 is not an obstacle to responsible development. It is a process that helps agencies, communities, Tribes, preservation organizations, and other stakeholders identify historic resources and seek better outcomes before irreversible decisions are made.
How Northern Californians can help
Federal officials are advancing changes that could weaken review and limit public participation. Take five minutes to contact your senators and representative now, then watch for the public comment period to open.
Tell Congress: Protect meaningful Section 106 review
Get Action alerts from the National Trust for Historic Preservation
Review advocacy resources from docomomo US
Why Section 106 matters
Section 106 requires federal agencies to consider the effects of federally funded, licensed, or permitted undertakings on properties listed in, or eligible for, the National Register of Historic Places. It provides a formal opportunity for State Historic Preservation Offices, Tribes, local communities, preservation organizations, and other consulting parties to participate in decisions affecting historic and cultural resources.
For Modern resources, this process can be especially important. Buildings, landscapes, and infrastructure from the postwar period may be vulnerable before their significance is broadly recognized, fully documented, or formally listed. Meaningful consultation can bring expertise and public knowledge to the table early enough to inform project alternatives, mitigation, documentation, and design decisions.
What is at stake
The proposed regulations would substantially change how federal agencies consult with communities and consider historic properties. Docomomo US has identified concerns that the changes could:
Reduce opportunities for public participation.
Weaken the role of consulting parties.
Remove important components of established consultation procedures.
Give federal agencies greater control over decisions affecting historic properties and cultural resources.
These concerns arise amid broader efforts to streamline permitting and reduce regulatory requirements. Efficient government and responsible development are important goals, but efficiency should not mean silencing communities, curtailing consultation, or eliminating opportunities to identify and understand historic places before they are damaged or lost.
A broad national response
On August 27, Docomomo US joined more than 600 organizations, representing approximately 5 million Americans, in signing an open letter urging Congress to protect and strengthen Section 106. The coalition includes preservation and architectural organizations, archaeologists, museums, Tribal Nations and organizations, Main Street groups, environmental organizations, historians, and community advocates.
The coalition has asked Congress to:
Reject the ACHP’s proposed regulations and formally register opposition during federal review.
Reject statutory changes that weaken Section 106, whether introduced independently or within broader permitting legislation.
Defend Congress’s authority over preservation laws against efforts to narrow, bypass, or evade them.
Support evidence-based improvements that make Section 106 more effective and efficient without sacrificing meaningful consultation or public participation.
Docomomo’s experience
Docomomo US has participated as a consulting party in Section 106 reviews involving nationally significant Modern resources, including the Hirshhorn Museum and Sculpture Garden in Washington, DC; the Weyerhaeuser Corporate Headquarters in Federal Way, Washington; and the Chet Holifield Federal Building in Laguna Niguel, California. It is also participating in review of the proposed redesign of Pennsylvania Avenue in Washington, DC, and was recently added as a consulting party concerning changes around Dulles International Airport.
These examples demonstrate the practical value of consultation: it creates a structured opportunity to bring specialized architectural and historical knowledge, public concerns, and preservation alternatives into federal decision-making.