The Advisory Council on Historic Preservation is considering a draft rule that would alter the Section 106 consultation process under the National Historic Preservation Act, allowing government agencies and developers to proceed without consulting Tribes and states, according to a statement released by several U.S. senators on July 21.
The proposed changes would remove critical protections for historic, cultural, and religious sites and eliminate the role of Tribal communities in decisions affecting places of deep cultural and spiritual significance. In response, U.S. Senator Martin Heinrich, Ranking Member of the Senate Energy and Natural Resources Committee, along with Senators Ron Wyden, Maria Cantwell, Mazie Hirono, Angus King, Catherine Cortez Masto, John Hickenlooper, Alex Padilla, and Ruben Gallego released a joint statement opposing the draft regulations.
“These draft regulations by the Advisory Council on Historic Preservation are unacceptable — eliminating Tribal consultation as we know it. This proposal disrespects the expertise that states and Tribes have in protecting our national history and culture, and it erases the requirement for the federal government to meaningfully consult with Tribal governments before they take actions that would negatively impact sacred, historic, and cultural sites for Tribal communities,” they said.
The senators also said, “Let’s be clear: there is a difference between making the consultation process work better and cutting Tribes out of the process. We support efforts to modernize and improve the Section 106 review process, but that cannot come at the expense of meaningful Tribal consultation or the expertise of the people who have protected these places for generations.”
They urged, “We urge the Advisory Council on Historic Preservation to go back to the drawing board and work directly with Tribes and states on a new proposal that actually improves the consultation process without undermining the rights and voices of those most directly affected.” Last October during a committee hearing on this issue, Senate Democrats emphasized ensuring Tribes’ voices in federal permitting approval processes.