Joint statement pushes back against federal rule changes

The U.S. Advisory Council on Historic Preservation voted July 24 to scrap a process that tribal authorities use to protect historic and culturally significant land from development. On Aug. 18, the National Congress of American Indians, the Association on American Indian Affairs, the National Association of Tribal Historic Preservation Officers, and the United South and Eastern Tribes Sovereignty Protection Fund issued a joint statement urging the continued implementation of Section 106 in the National Historic Preservation Act (NHPA).

Acknowledging that Section 106 in its current form is “far from a perfect safeguard,” the signatories of the joint statement nonetheless highlighted the role that the established procedural review mechanism plays in complex federal decisions. 

The proposed revisions would undermine tribal sovereignty and threaten the unique legal relationship between the U.S. government and Native nations, according to the joint statement. There’s also the possibility of creating irreversible harm and unnecessary costs to projects that fail to account for significant considerations at the outset. 

“When conducted early, consultation with Tribal experts can identify conflicts before substantial resources are committed, allow projects to avoid culturally sensitive places, inform alternatives, and reduce the potential for disputes, litigation and subsequent project delays,” the statement explained.