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Home arrow News arrowSection 106 Amendments Now in Effect
Section 106 Amendments Now in Effect

Amendments to the regulations governing Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f) are in effect as of August 5, 2004.

The Advisory Council on Historic Preservation (ACHP) voted to adopt the amendments at its business meeting May 4, 2004, and the amendments were published in the Federal Register July 6, 2004, at 69 F.R. 40544-40555.

Click here for the amended ACHP regulations,
"Protection of Historic Properties" (36 CFR Part 800)

(in PDF)

Click here for the preamble to the Section 106 amendments
(in PDF)

[Please note that due to a technical publication error, the Federal Register copy of section III of the preamble regarding the ACHP responses to public comments fails to distinguish between the quotes of public comments, which were to be bold typeface, and the ACHP responses. The text of the preamble that is accessed by clicking on "amendments and their preamble" at the beginning of this paragraph is correctly formatted.]

As explained more fully in the preamble, most of the amendments respond to court decisions which held that:

  1. The ACHP cannot require a Federal agency to change its determinations regarding whether its undertakings affected, or adversely affected, historic properties, and
  2. Section 106 does not apply to undertakings that are merely subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency.

Other amendments clarify an issue regarding the time period for objections to "No Adverse Effect" findings and establish that the ACHP can propose an exemption to the Section 106 process on its own initiative, rather than needing a Federal agency to make such a proposal.


An independent Federal agency, the Advisory Council on Historic Preservation (ACHP) promotes historic preservation nationally by providing a forum for influencing Federal activities, programs, and policies that affect historic properties, advising the President and Congress, advocating preservation policy, improving Federal preservation programs, protecting historic properties, and educating stakeholders and the public.


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Updated September 22, 2004

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