The Bill Represents a "Legislative Assault on the Sovereignty of Tribal Nations"

The National Association of Tribal Historic Preservation Officers (NATHPO) announced its strident opposition to the Senate’s newly-introduced permitting bill the Bipartisan American Affordability and Jobs Act. The bill doubles down on the Advisory Council on Historic Preservation (ACHP)’s proposed changes to the National Historic Preservation Act, which NATHPO also opposes, and would codify their efforts to undermine Tribal sovereignty and cut Tribal Nations out of the process of planning and executing federally-connected projects.

“The Bipartisan American Affordability and Jobs Act is a legislative assault on the sovereignty of Tribal Nations and, if enacted, would be an egregious violation of the federal government’s trust and treaty responsibilities,” said Dr. Valerie Grussing, Executive Director for Legislative Affairs & Strategic Partnerships. “Permitting processes need to be modernized and improved in order to ensure projects can move forward while also protecting sacred places and cultural resources. NATHPO and Tribal Nations stand ready to find commonsense reforms. This bill, however, which undermines the sovereignty of Tribal Nations and their government-to-government relationship with the United States, is not an improvement, and there is certainly nothing modern about it.”

As the Congress and the ACHP have considered ways to reform the permitting process, NATHPO has been a voice in support of commonsense solutions. In November of 2025, then-NATHPO Board Member and Pueblo of Acoma THPO Steven Concho testified before the Senate Committee on Energy and Natural Resources. In the hearing, he emphasized the need for federal agencies to begin the consultation process as early as possible. Additionally, once the ACHP announced it would begin work on proposed changes to Section 106 of the National Historic Preservation Act, NATHPO offered a series of suggested improvements, most of which the Council ignored in its proposal.

Who we are – NATHPO is a national non-profit 501(c)(3) membership organization, founded in 1998, of Tribal preservation leaders protecting culturally important places that perpetuate Native identity, resilience, and cultural endurance. Connections to cultural heritage sustain the health and vitality of Native peoples. We provide guidance to preservation officials, elected representatives, and the public about national historic preservation legislation, policies, and regulations. We promote Tribal sovereignty, develop partnerships, and advocate for Tribes in governmental activities on preservation issues. For more information visit our website at www.nathpo.org.