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Today, the National Association of Tribal Historic Preservation Officers (NATHPO) responded to recent reports that Senate negotiators would be unwilling to make major changes to their permitting “reform” bill, the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA).

“While tweaks are possible, a rewrite or removal of the section in question is unlikely because it would upset the balance of a painstakingly negotiated bill.

‘Renegotiating what is a carefully balanced product would imperil Democratic wins on transmission and other policies,’ a Democratic source close to negotiations said.”

The reports came after NATHPO and a broad coalition of Tribal organizations sent a letter to Senate leaders expressing their opposition to the bill, which undermines the rights of Tribal Nations to protect their sacred places and cultural resources. In the letter, the coalition called on Senators to “withdraw this language and work in collaboration with Indian Country on a more honorable alternative.”

In response to the reports of reluctance to upset the balance of a bill “painstakingly negotiated” behind closed doors, NATHPO Executive Director for Indigenous Diplomacy & Federal Relations Ira Matt (Séliš) issued the following statement:

“Our heritage is not a bargaining chip, and the sovereignty and sacred places of Tribal Nations are not leverage for Senators’ backroom negotiations. This permitting bill will undo decades of progress in affirming Tribal rights and take us back to a time when our voices didn’t matter because the federal government thought they knew what was best for us. We stand ready to help find an alternative that improves permitting processes and protects our sacred places, but we will not stand by and allow our heritage to be bulldozed in the name of ‘progress.’”

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.