Heritage
Aug 17, 2026

Proposed changes to National Historic Preservation Act could make tribal consultation optional

Law firm plans legal challenge 


August 17, 2026

The Advisory Council on Historic Preservation has proposed Section 106 changes to the National Historic Preservation Act, according to reporting from Underscore Native News.

The proposal could make tribal consultation optional, narrow the definition of historic property, let agencies decide what information becomes public and affect consultation on development affecting ceded lands across the United States. A red-lined version of the proposal excludes mountains, valleys, bodies of water and landscapes.

Crystal Miller of the Walker River Paiute Tribe said the revisions strip sovereignty and government-to-government language. The law firm Cultural Heritage Partners plans to challenge published changes during the expected 30-day public comment period after publication.

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