While the ACHP membership has a number of vacancies, including the Chairman and Vice Chairman seats, with few exceptions noted below, ACHP operations related to the historic preservation review process under Section 106 of the National Historic Preservation Act (Section 106) continue unaffected.

Under the ACHP Operating Procedures, the vast majority of Section 106 functions of the agency are delegated to the ACHP staff. The regular, day-to-day ACHP involvement in Section 106 reviews continues regardless of membership vacancies. Among other things, the staff in the ACHP’s Office of Federal Agency Programs is available to provide timely responses to adverse effect notifications, execute Memoranda of Agreement and Programmatic Agreements (except as noted below), respond to disputes, and give technical assistance. The ACHP staff availability to federal agencies, State and Tribal Historic Preservation Officers, and other Section 106 stakeholders, remains unchanged.

The relevant exceptions are the following: (1) ACHP execution of nationwide Programmatic Agreements; and (2) ACHP issuance of formal comments following the termination of consultation. Also, the ACHP approval of program comments and exemptions may be hindered due to limits on calling membership meetings not already scheduled. However, there are no program comments or exemptions pending before the ACHP at this point.

Even these limited exceptions should be short-lived, in the event that a Vice Chairman may be appointed in the near future. A Vice Chairman is authorized to act as Chairman during that position’s vacancy. The ACHP will continue to keep stakeholders posted.