Historic Rules on Historic Preservation Face Their Own Demolition
Published Date: 6/5/2026
Proposed Rule
Summary
The Advisory Council on Historic Preservation is planning to remove old rules that required historic preservation checks for Urban Development Action Grants. This change affects communities and developers using these grants, speeding up projects by cutting red tape. Comments on this proposal are open until July 6, 2026, so now’s the time to weigh in!
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Remove UDAG historic-review red tape
The Advisory Council on Historic Preservation proposes to remove 36 CFR part 801, which contained historic preservation review rules for HUD’s Urban Development Action Grant (UDAG) program. The agency says this change affects communities and developers using UDAG grants by cutting red tape and speeding projects; the UDAG program last received an appropriation in fiscal year 1988 and HUD administratively closed remaining UDAG grants in 2021.
Future UDAG work uses Part 800 and HUD rules
If any UDAG funds were ever appropriated again in the future, applicants would follow HUD’s regulations at 24 CFR part 58 and the ACHP’s 36 CFR part 800 for Section 106 historic-preservation compliance instead of Part 801. The current Part 800 includes steps for ACHP involvement, State Historic Preservation Officer participation, public participation, and the option to pursue program alternatives.
No major small-business economic burden
The ACHP states that rescinding Part 801 would not have a significant economic impact on a substantial number of small entities and therefore the Regulatory Flexibility Act does not require a regulatory flexibility analysis.
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Key Dates
Department and Agencies
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