Today, the National Association of Tribal Historic Preservation Officers (NATHPO) responded to a proposed amendment to the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA). While BAAJA’s authors claim the amendment addresses the concerns of Tribal Nations and other opponents, it ultimately falls short and leaves a bill that still infringes on Tribal sovereignty and endangers Native places.

NATHPO Executive Director Ira L. Matt (Séliš) responded to the proposed amendment with the following statement:

“While this amendment addresses select concerns, the authors ask Indian Country to be grateful Washington chose to take away fewer of our rights in the name of ‘progress.’ The revised language still limits when Tribes can weigh in on the effects of federal projects and what harms agencies have to consider, undoing protections we have spent decades fighting to secure. Moreover, the new language adds procedural complexity for Tribes while failing once again to address longstanding requests to require earlier, meaningful Tribal consultation and better coordination within federal agencies.”

Even with the inclusion of this proposed amendment, BAAJA would still strip Tribal Nations of rights they currently enjoy to determine for themselves which sites are of historic, cultural, or spiritual importance, and how best to protect them. Specifically:

The amendment reduces which projects and effects would warrant consultation and when Tribes can weigh in. In a departure from the status quo, both the original and revised BAAJA severely narrow the definitions of an “undertaking” and an “adverse effect” to exclude most projects and the harms to Native places from consideration at all. Additionally, both the original and revised versions of the bill, instead of requiring agencies to consult before decisions are made, could leave Tribal Nations weighing in after agencies have drawn the review boundary and made initial findings of effect.

The amendment still endangers living cultural landscapes vital to Tribal culture and heritage. The narrowed definition of “adverse effect” in both the original and revised language would remove from consideration harm to the setting or continued cultural use of a landscape, even when the place remains eligible for the National Register of Historic Places. This fails to take into consideration the way Tribal Nations interact with their sacred places - as they have since time immemorial - and the effect a project could have on them.

The amendment replaces possible federal takeover of THPO offices with added paperwork and bureaucracy, with no promise of additional funding. While the amendment does remove the provision giving the federal government the ability to take over a sovereign Tribal Nation’s Historic Preservation Office if it fails to meet arbitrary benchmarks, it adds new review processes and ties possible funding suspensions to those same arbitrary benchmarks. Meanwhile, the THPO program would remain underfunded, with that funding tied to the whims of Congress, who through their own chronic dysfunction have failed to pass THPO funding on time for the last several years.

The amendment fails to ensure the protection of sensitive Tribal data. While the amendment does exempt Tribal Nations’ sensitive information from the Freedom of Information Act, it still ties competitive grant funding to granting federal and state agencies access to that information without giving Tribes the right to approve further sharing or access to THEIR data.

NATHPO maintains that Senators should remove the historic preservation title completely and engage in an open, transparent process, which includes consultation with Tribal Nations to craft new language that enacts real reforms without undermining Tribal sovereignty or endangering Native places.

 

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.