Proposed Rule2026-11297
Rescission of Historic Preservation Requirements of the Urban Development Action Grant Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 5, 2026
Issuing agencies
Advisory Council on Historic Preservation
Abstract
The Advisory Council on Historic Preservation (ACHP) is proposing to rescind its regulations, Historic Preservation Requirements of the Urban Development Action Grant Program, from the Code of Federal Regulations (CFR).
Full Text
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<title>Federal Register, Volume 91 Issue 108 (Friday, June 5, 2026)</title>
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[Federal Register Volume 91, Number 108 (Friday, June 5, 2026)]
[Proposed Rules]
[Pages 34188-34189]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11297]
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
36 CFR Part 801
RIN 3010-AA09
Rescission of Historic Preservation Requirements of the Urban
Development Action Grant Program
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Advisory Council on Historic Preservation (ACHP) is
proposing to rescind its regulations, Historic Preservation
Requirements of the Urban Development Action Grant Program, from the
Code of Federal Regulations (CFR).
DATES: Send comments on or before July 6, 2026.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulation Identifier Number (RIN) number and title, by any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#a8c3cec9c6c1d2d2c7e8c9cbc0d886cfc7de"><span class="__cf_email__" data-cfemail="b2d9d4d3dcdbc8c8ddf2d3d1dac29cd5ddc4">[email protected]</span></a>.
<bullet> Mail: Advisory Council on Historic Preservation, 401 F
Street NW, Suite 308, Washington, DC 20001.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Kelly Fanizzo, General Counsel,
Advisory Council on Historic Preservation, (202) 517-0193,
<a href="/cdn-cgi/l/email-protection#452e23242b2c3f3f2a0524262d356b222a33"><span class="__cf_email__" data-cfemail="ddb6bbbcb3b4a7a7b29dbcbeb5adf3bab2ab">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The ACHP is an independent federal agency that promotes the
preservation of America's historic places and advises the President and
Congress on national historic preservation policy (see 54 U.S.C.
Chapter 3041). Section 106 of the National Historic Preservation Act
(NHPA), 54 U.S.C. 306108, requires federal agencies to take into
account the effects of undertakings that they propose to carry out,
license, approve, or assist on historic properties and provide the ACHP
a reasonable opportunity to comment. Pursuant to 54 U.S.C. 304108(a),
the ACHP ``may promulgate regulations as it considers necessary to
govern the implementation of section 306108 of this title in its
entirety.'' The ACHP has promulgated regulations for implementing
Section 106 of the NHPA at 36 CFR part 800.
The Housing and Community Development Act (HCDA) of 1980, 42 U.S.C.
5320(c), requires the ACHP to ``prescribe regulations providing for
expeditious action by the Council in making its comments under section
306108 of Title 54, in the case of properties which are included on, or
eligible for inclusion on, the National Register of Historic Places and
which are affected by a project for which an application is made under
[42 U.S.C. 5318] . . .''. The ACHP's regulations at 36 CFR part 801
provide the Section 106 review process for undertakings proposed to be
funded by the Department of Housing and Urban Development's (HUD's)
Urban Development Action Grant (UDAG) Program. The purpose of the UDAG
Program is to make urban development action grants to cities and urban
counties that are experiencing severe economic distress to help
stimulate economic development activity needed to aid in economic
recovery. Under the UDAG Program, applicants assume the status of the
federal agency for purposes of complying with Section 106 of the NHPA.
The expedited process in Part 801 includes some of the same steps
as the standard Section 106 review process (as that process was set
forth in Part 800 in 1981; see 44 FR 6072, Jan. 30, 1979), albeit with
an applicant-led process, different timelines, and certain activities
presumed to have no adverse effect to historic properties. The Part 801
process essentially functions similarly to a program alternative
developed pursuant to 36 CFR 800.14.
II. Current Status of the UDAG Program
The UDAG Program is no longer current. The last appropriation HUD
received for the UDAG Program was for fiscal year 1988. HUD
administratively closed out any remaining UDAG Program grants in 2021.
Further, according to HUD, due to the passage of time and because the
UDAG Program grants were administratively closed out, any remaining
UDAG Program funds would be converted from program income to
miscellaneous revenues upon either completion of the UDAG-funded
activities or upon closeout. While these revenues would need to be
spent on either UDAG Program activities or on Community Development
Block Grant Program eligible activities, they would not be subject to
any other requirements in 24 CFR part 570, including cross-cutting
requirements such as environmental review. Therefore, HUD does not
anticipate any projects funded by the UDAG Program to be proposed as
subject to the ACHP's Part 801 regulations.
III. Reviewing the Regulations
In accordance with the President's direction and the general policy
set forth in Executive Order (E.O.) 14192, ``Unleashing Prosperity
through Deregulation'' (90 FR 9065, January 31, 2025), the ACHP
reviewed Part 801 with the goal of reducing potential regulatory
burdens and eliminating regulations that are no longer necessary or
lack current or future applicability. ACHP staff coordinated with staff
from HUD to review the status of the UDAG Program, as described above.
ACHP subsequently determined it was appropriate to rescind Part 801 as
it is obsolete and no longer needed.
The Section 106 Part 800 regulations that formed the basis for Part
801 are the version that went into effect in 1979 (see 44 FR 6072).
Since then, the ACHP has revised the Part 800 regulations multiple
times; the most recent rulemaking for Part 800 was final in 2004 (see
69 FR 40544, July 6, 2004). Corresponding revisions to the process and
citations in Part 801 have not occurred. Accordingly, the Part 801
regulations refer to outdated and non-existing portions of Part 800
(e.g., role of the ACHP Executive Director in objecting to a finding of
no adverse effect and drafting a Memorandum of Agreement). The Part 801
regulations also include no role for or consultation with Indian
Tribes.
The ACHP met the statutory requirement in 42 U.S.C. 5320(c) in
[[Page 34189]]
promulgating Part 801 and continues to comply with the statutory
directive to ``prescribe regulations providing for expeditious action
by the Council in making its comments'' via Part 800. Rescinding Part
801 would mean that, in the unlikely event any monies would be
appropriated to the UDAG Program in the future, the applicant would
follow HUD's regulations at 24 CFR part 58 and 36 CFR part 800 for
purposes of Section 106 compliance. The current version of Part 800,
including the possibility of pursuing program alternatives to tailor
the review process, would stand in place of Part 801 in meeting the
terms of the statute. Part 800 provides for the timely involvement of
the ACHP as appropriate, the participation of the State Historic
Preservation Officer, opportunities for public participation, and steps
to identify historic properties, assess effects, and resolve adverse
effects. Therefore, to eliminate obsolete and outdated regulations, the
ACHP proposes to rescind 36 CFR part 801.
IV. Regulatory Compliance Analysis
A. E.O. 12866, ``Regulatory Planning and Review''
E.O. 12866 directs agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health, and safety effects;
distribution of impacts; and equity). The Office of Management and
Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) has
determined that this rulemaking is not significant.
B. Congressional Review Act (5 U.S.C. 801 et seq.)
OMB OIRA has determined that this rulemaking, if finalized, does
not meet the criteria set forth in 5 U.S.C. 804(2) under Subtitle E of
the Small Business Regulatory Enforcement Fairness Act of 1996 (also
known as the Congressional Review Act).
C. Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
The rule does not contain any information collection requirements
that require the approval of the OMB under the Paperwork Reduction Act
(44 U.S.C. chapter 35).
D. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
The ACHP has determined that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
finalized, have a significant economic impact on a substantial number
of small entities. Therefore, the Regulatory Flexibility Act, as
amended, does not require the ACHP to prepare a regulatory flexibility
analysis.
E. Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) requires agencies to assess anticipated costs and benefits before
issuing any rule whose mandates require spending in any one year of
$100 million in 1995 dollars, updated annually for inflation. That
threshold is currently approximately $206 million. This rulemaking will
not result in the expenditure by State, local, or Tribal governments,
in the aggregate, or by the private sector, in excess of the threshold.
Thus, no written assessment of unfunded mandates is required.
F. E.O. 13132, ``Federalism''
The ACHP has determined that this action does not contain policies
with federalism or ``takings'' implications as those terms are defined
in E.O. 13132 and E.O. 12630, respectively. This action does not have
federalism implications. It will not have substantial direct effects on
the States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of Government. This action contains no Federal mandates
for State and local Governments and does not impose any enforceable
duties on State and local Governments.
G. E.O. 13175, ``Consultation and Coordination With Indian Tribal
Governments''
E.O. 13175 establishes certain requirements that an agency must
meet when it proposes rulemaking that imposes substantial direct
compliance costs on one or more Indian Tribes, preempts Tribal law, or
effects the distribution of power and responsibilities between the
Federal Government and Indian Tribes. This rule will not have a
substantial effect on Indian Tribal Governments.
List of Subjects in 36 CFR Part 801
Grant programs--housing and community development, Historic
preservation, Reporting and recordkeeping requirements, Urban renewal.
PART 801--[REMOVED AND RESERVED]
0
For the reasons stated in the preamble and under the authority of 54
U.S.C. 304108(a) and 42 U.S.C. 5320(c), the Advisory Council on
Historic Preservation proposes to remove and reserve Part 801 in title
36 of the Code of Federal Regulations.
Travis Voyles,
Vice Chairman, Advisory Council on Historic Preservation.
[FR Doc. 2026-11297 Filed 6-4-26; 8:45 am]
BILLING CODE 4310-10-P
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</html>Indexed from Federal Register on June 5, 2026.
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