Tribal Coalition Calls for Withdrawal of BAAJA's Section 106 Rewrite
policy ·
Tribal organizations urge Congress to withdraw changes to Section 106, stressing the need to protect sovereignty and cultural sites.
A coalition of national and regional Tribal organizations is urging Congress to rethink proposed changes to a key piece of historic preservation legislation. On October 9, major groups like the National Congress of American Indians (NCAI), the Native American Rights Fund (NARF), and the National Association of Tribal Historic Preservation Officers sent a strong message to Senate leaders. They're asking for the withdrawal of provisions related to the Section 106 review process under the National Historic Preservation Act that are being pushed in the Building American Assets and Jobs Act (BAAJA).
The Contested Section 106 Rewrite
Section 106 of the National Historic Preservation Act has long been a critical tool for tribes to have a say in federal projects impacting their lands and cultural sites. The proposed rewrite in BAAJA would alter how these consultations happen, potentially weakening tribal influence. Tribes are concerned that the changes could undermine their sovereignty and diminish their ability to protect sacred sites. These potential changes have prompted a broad coalition to push back against what they see as an encroachment on treaty rights and self-determination.
Tribal Organizations Unite
The coalition includes:
- National Congress of American Indians (NCAI)
- Native American Rights Fund (NARF)
- National Association of Tribal Historic Preservation Officers
These groups argue that tribal input must remain central in any federal decisions that affect their lands, particularly where historical and cultural preservation are concerned. They stress the importance of maintaining a robust consultation process as recognized in treaties and federal law.
What’s at Stake for Tribes
Tribal leaders warn that altering the Section 106 process could lead to:
- Reduced tribal influence over projects on their lands
- Increased risk to sacred sites and cultural resources
- Diminished enforcement of treaty rights
For tribes, the stakes are high. Section 106 provides a framework for consultation that respects tribal sovereignty and their rights to protect historical and cultural sites. Any changes that could weaken these protections threaten the very core of tribal sovereignty and jurisdiction.
The Path Forward
As discussions continue in Congress, tribal leaders and organizations are mobilizing their communities and allies to ensure their voices are heard. They’re calling for meaningful consultation before any legislative changes are made. The hope is that Senate leaders will heed this united call and engage directly with tribal nations to address their concerns.