NCAI joined Tribal organizations across Indian Country in calling on Congress to withdraw Title III of the Bipartisan American Affordability and Jobs Act (BAAJA), which would significantly weaken protections under Section 106 of the National Historic Preservation Act.
Section 106 is a critical tool for ensuring Tribal Nations have a meaningful voice in federal decisions that may affect sacred sites, historic properties, cultural resources, and places of profound cultural and spiritual significance.
The proposed changes would narrow when Section 106 review is required, reduce Tribal participation in key federal decisions, impose inappropriate federal oversight on Tribal Historic Preservation Officers, and limit Tribal Nations’ ability to seek judicial review.
Tribal Nations should not have to choose between infrastructure development and the protection of their cultural heritage. Early, robust, and meaningful Tribal consultation can lead to stronger projects, faster decision-making, and more durable outcomes.
NCAI and our partners urge Congress to withdraw this language and work directly with Tribal Nations to develop permitting reforms that respect Tribal sovereignty, fulfill federal trust and treaty obligations, and protect sacred places for future generations.
