As negotiations continue over the Bipartisan American Affordability and Jobs Act (BAAJA), the National Association of Tribal Historic Preservation Officers (NATHPO) remains opposed to the legislation and calls for Title III, which makes changes to national historic preservation law, to be removed entirely. Last-minute amendments and efforts to secure endorsements do not resolve its fundamental threats to Tribal sovereignty.

NATHPO was in Washington, DC, this week participating in the 106 STRONG rally, raising concerns at the Advisory Council on Historic Preservation’s business meeting, and working with Tribal Historic Preservation Officers as they met with lawmakers and staff on Capitol Hill. Throughout those efforts, NATHPO carried a consistent message that Tribal Nations must speak for themselves. That is why our message since the moment this bill was introduced has been clear - in public and private - that Title III must be removed from BAAJA so Congress can start over with a process that includes Tribal consultation.

Tribal Nations have been clear about what is at stake. Congress needs to listen instead of shopping for endorsements to salvage this bill. Our sovereignty is not a bargaining chip. Rushed concessions do not give lawmakers permission to decide which parts of our cultures and lifeways deserve protection.

All but one of the proposed amendments NATHPO has reviewed offer narrow exceptions within a weakened preservation framework. They do not resolve concerns about which projects receive review, what qualifies as a historic property, or which adverse effects and harms federal agencies will consider. As someone who served as a THPO and worked for my Tribe for 16 years, I know that identifying a place as significant does not protect it if federal rules exclude the project, the property, or the harm from review or mitigation. These amendments risk leaving Tribal Nations responsible for forcing projects back into review and pursuing litigation, without the resources to carry those burdens. That is not a workable solution.

Only one amendment so far, proposed by Senator Adam Schiff and several others, would achieve the necessary step of removing Title III so Congress can the time to craft new language in an open, transparent process that includes Tribal consultation, not a backroom deal even one of BAAJA's key backers admits failed to take Tribal voices into account.

NATHPO also rejects any attempt to leverage endorsements from selected Tribal Nations or intertribal organizations as acceptance across Indian Country. Moreover, we reject the absurd and misleading talking point being bandied about equating some arbitrary percentage of Tribal land or people with a consensus opinion. Each Tribal Nation has the sovereign right to determine its own position. Support from one does not authorize Congress to disregard the rights or objections of another. NATHPO will not negotiate changes affecting all Tribal Nations without their direction.

Any elected official who treats support from a few as permission to override the rest demonstrates a fundamental failure to understand and respect Tribal sovereignty and the federal government’s trust and treaty responsibilities. Tribal Nations alone have the authority to speak for our cultures and lifeways. Congress does not acquire that authority by finding someone willing to endorse its backroom deal.

NATHPO sees the continuing negotiations as a change in tactics rather than a resolution of the underlying harm. What began as a termination-era approach of cutting Tribal Nations out has shifted to an assimilation-era tactic of telling us how and when we can participate, what matters to our cultures, and which harms we must accept. Both approaches put federal control ahead of Tribal sovereignty. Congress has had repeated opportunities to engage Tribal Nations through an equitable, intentional, and authentic process. Rushed negotiations and selective endorsements do not meet that responsibility.

The Senate must remove Title III or reject the bill. If the legislation reaches the House with these threats intact, House members will bear responsibility for their own decision to advance it. The House cannot hide behind a Senate agreement. Advancing this approach would make its members complicit in carrying it forward. Every Member of Congress will own their vote, and they will have to go back to their constituents and explain themselves.

NATHPO cautions that concessions made to secure a deal today could undermine efforts to strengthen the National Historic Preservation Act for future generations, leaving Tribal Nations working to recover lost protections rather than advancing needed improvements. Our responsibility reaches beyond this week’s negotiations. We will not accept a weakened foundation that future generations must struggle to repair. Respect Tribal sovereignty. Let Tribal Nations speak for themselves. Strike Title III entirely.

Thank you for all you do to protect culturally important places that perpetuate Native identity, resilience, and cultural endurance, and to empower Tribal preservation leaders.

 

Ira L. Matt (Séliš)
NATHPO Executive Director
Ira@nathpo.org | 406-241-4927