SAA Gives Update on Surprise Revision to Section 106 Regulations
SAA President Christopher Dore is sharing his letter to SAA members on the surprise proposal to the Advisory Council on Historic Preservation (ACHP) that Section 106 regulations be revised.
Download the letter.
July 20,
2026
Dear
United States SAA members:
On Friday,
July 17, members of the Advisory Council on Historic Preservation were asked to
vote on new Section 106 regulations by Friday, July 24. This new draft rule was
not the product of deliberation among ACHP members or staff but was delivered
to the ACHP by outside counsel. While the SAA has been proactive over the last
few years in anticipation of new regulations and even a potential change to the
statute, there were and are no opportunities to comment on this proposed new
rule prior to it being voted on by the ACHP itself. In fact, there still is no
official copy of what is being proposed.
Our
Government Affairs Committee met on the evening of July 17 to discuss this
issue and has begun the process of developing a response to the new regulations
to present when public comment is accepted and we know what the proposed
regulations actually say. This is likely to take place upon the publication of
the draft regulations in the Federal Register. Our process now includes
obtaining official information, consulting with our preservation partners,
developing a call to action for our members, and ensuring we have legal
standing to sue should that be necessary.
The SAA
will keep you updated as things develop. There are a lot of rumors and an
unofficial document currently circulating, but the SAA isn’t going to respond
to rumors. We are currently doing what we can behind the scenes and will take
public and visible action when appropriate.
Thank you,
Christopher
Dore
SAA President