Last week, the National Association of Tribal Historic Preservation Officers (NATHPO) joined a coalition of Tribal organizations in strong opposition to the Bipartisan American Affordability and Jobs Act (BAAJA). Ostensibly aimed at reforming the nation’s permitting laws and procedures, the BAAJA, makes unacceptable revisions to review processes under Section 106 of the National Historic Preservation Act (NHPA), which NATHPO immediately denounced following the bill’s introduction. In addition to NATHPO, the coalition included the Affiliated Tribes of Northwest Indians, the Association on American Indian Affairs, the Midwest Alliance of Sovereign Tribes, the National Congress of American Indians, the Native American Rights Fund, the Rocky Mountain Tribal Leaders Council, Tribal Self-Governance, and the United South and Eastern Tribes Sovereignty Protection Fund.

Now, on the eve of the 60th anniversary of the NHPA, NATHPO released the following statement from Ira Matt (Séliš), Executive Director for Indigenous Diplomacy and Federal Relations:

“Tribal Nations support meaningful permitting reform that recognizes our sovereignty and expertise. We have provided numerous recommendations to improve these processes, including updating professional qualifications, integrating equitable compensation, and strengthening accountability in federal decision-making. Rather than build on those recommendations, Senate negotiators have embraced an assimilation-era approach that takes us backward, dismantling hard-fought protections and undermining decades of progress toward Tribal self-determination.”

In their letter, the coalition wrote, “The Section 106 review process, though imperfectly implemented, provides Tribal Nations with a mechanism and resources to help the federal government make better decisions that avoid the ongoing loss of our identities, ceremonies, and Ancestors in the name of ‘progress.’ Now, with the introduction of BAAJA, the federal government is proposing to facilitate the demolition of our heritage, a regressive action that ignores the progress made in the Tribal-U.S. relationship during the self-determination era and returns us to a place of U.S.-sanctioned encroachment and dispossession.”

Specifically, the organizations outline some of the most egregious aspects of the bill and call on Congress to “withdraw this language and work in collaboration with Indian Country on a more honorable alternative.” The provisions the letter highlights include:

• Narrowed definitions and increased exemptions limiting scope of Section 106;
• Reduced Tribal Nation participation and increased federal deference;
• Inappropriate federal oversight of Tribal Historic Preservation Officers;
• Limitations on judicial review.

The letter also debunked the false choice between advancing infrastructure projects and protecting Native places, which the bill’s authors and federal regulators appear to have accepted: “Permitting reform does not involve a binary choice between the pursuit of infrastructure projects and the protection of sacred sites through the Section 106 review process. Together, we can craft federal policy that accomplishes both aims. When Tribal Nations are brought into federal decision making at its earliest stages, we can help guide project design to avoid irreparable harm and legal violations—allowing for faster and more durable decisions.”

You can read the full letter HERE.

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.