Advisory Council on Historic Preservation voted to advance weakened Section 106 rules while Trump arch awaited preservation review

On July 23, 2026, the Advisory Council on Historic Preservation voted to advance proposed amendments to Section 106 of the National Historic Preservation Act, a result described by observers as a foregone conclusion given that Trump appointees hold a commanding majority of the council's 24 seats. The vote initiated the federal rulemaking process; the proposed changes must still clear an approximately 30-day public comment period before taking effect.

The proposed rule changes would broadly weaken the protections Section 106 affords to historic properties nationwide: agencies would gain broader discretion over whether preservation reviews are required; State Historic Preservation Officers' participation would become optional rather than mandatory; the public comment requirement would be eliminated; the definition of qualifying historic properties would be narrowed; and the rights of tribal nations and Native Hawaiian organizations to contest projects affecting culturally significant lands would be curtailed. Vice Chair Travis Voyles had circulated the draft amendments on July 17, 2026 and called for a member vote by that Friday. The National Trust for Historic Preservation announced it would take legal action to force withdrawal of the proposed revisions.

The vote came while Trump's planned 250-foot granite triumphal arch — topped with a golden winged figure flanked by gilded eagles and estimated to cost approximately $100 million in public funds — was itself actively undergoing Section 106 review. The arch is slated to stand at the end of the Arlington Memorial Bridge across from the Lincoln Memorial, and the president has sought to complete it before his second term ends, with federal documents indicating plans for 20-hour construction workdays. Earlier in July, the National Capital Planning Commission, chaired by Trump appointee William Scharf, voted to advance the arch project. Trump told reporters in May: "We don't need anything from Congress."

Updates

2026-08-03 — NPS Section 106 review found the arch would adversely affect 37 historic sites [4, 5]

The National Park Service's completed Section 106 Assessment of Effect found the planned arch would "adversely affect" 37 historic sites in Washington, D.C. and Arlington, Virginia, including the Lincoln Memorial, the Washington Monument, the U.S. Capitol, Arlington House, and the Pentagon. The review found the arch would obstruct views along the Arlington Memorial Bridge and alter sightlines to Arlington House, the Lincoln Memorial, and the Potomac River. No final decision to proceed over the finding had been announced.

2026-09-03 — Interior announced excavation would begin before final design approval [6, 7]

Interior Secretary Doug Burgum announced that excavation for the arch would begin within two weeks, even though the National Capital Planning Commission has approved only the preliminary site and building plans -- not the final design -- and a Vietnam veterans' lawsuit challenging the project's legal authority remains pending in federal court. The Commission of Fine Arts, another body made up entirely of Trump appointees, had separately voted to give the project initial approval. Rep. Don Beyer (D-Va.), whose district borders the site, said the administration was "rushing this towering monument to Trump's vanity" ahead of the November midterms.