WASHINGTON, D.C. - We, the undersigned Tribal Organizations, reaffirm our strong opposition to the Bipartisan American Affordability and Jobs Act (BAAJA). The manager's amendment to BAAJA does not adequately address the serious concerns raised by Tribal Nations across the country. Despite claims that the revised legislation responds to Tribal concerns, the proposed changes to Section 106 of the National Historic Preservation Act in Title III of BAAJA continue to fundamentally undermine Tribal sovereignty, weaken longstanding federal protections, fail to ensure meaningful government-to-government Tribal consultation, and threaten sacred sites and cultural resources.
Much of the proposed language would codify elements of the Advisory Council on Historic Preservation's (ACHP) proposed Part 800 regulations, which Tribal Nations have strongly opposed, and would further erode the Section 106 process.
Tinkering with these harmful BAAJA provisions does not resolve their fundamental flaws or the cumulative impact on Tribal cultural heritage from BAAJA and the ACHP rulemaking. Tribal sovereignty, meaningful consultation, and the protection of sacred places are not negotiable.
Congress must not advance legislation that diminishes these protections or disregards the sovereign rights of Tribal Nations. We ask Congress to hold this bill until the next Congress can engage in meaningful Tribal consultation on permitting reform. If Congress will not delay the entire bill, then, at a minimum, it must remove Title III in its entirety from the text—including all the Section 106 changes.
Sincerely,
Affiliated Tribes of Northwest Indians
All Pueblo Council of Governors
Association on American Indian Affairs
Great Plains Tribal Chairman’s Association
Inter Tribal Association of Arizona
Native American Rights Funds
National Indian Child Welfare Association
National Congress of American Indians
National Association of Tribal Historic Preservation Officers
Rocky Mountain Tribal Leaders Council
United South and Eastern Tribes Sovereignty Protection Fund
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National Congress of American Indians: Founded in 1944, the National Congress of American Indians is the oldest, largest, and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of Tribal governments and communities, promoting strong Tribal-federal government-to-government policies and a better understanding among the general public regarding American Indian and Alaska Native governments, people, and rights.
Affiliated Tribes of Northwest Indians ATNI: Formed in 1953 by Northwest tribal leaders, the Affiliated Tribes of Northwest Indians (ATNI) was founded in 1953 and is dedicated to the protection and advancement of Tribal sovereignty and self-determination. ATNI is a nonprofit organization that serves 57 Tribal Nations in the greater Northwest that includes Tribes in Oregon, Idaho, Washington, Alaska, California, Nevada and Montana. For nearly 75 years, the Member Tribes of ATNI have provided regional leadership and advocacy for Northwest Tribal interests.
Association on American Indian Affairs: The Association on American Indian Affairs is the oldest national Native non-profit protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self-sufficiency. Throughout its more than 100-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at a grassroots level with Native Nations to support the implementation of programs that support Native Peoples
Inter Tribal Association of Arizona: ITAA is an inter-tribal consortium of 21 federally recognized Indian Tribes with lands in Arizona, California, Nevada, and New Mexico. The Member Tribes of ITAA have advocated together since 1952 on issues of common interest and concern across
Indian Country. ITAA is governed by the highest elected Tribal officials from each Tribe,
including Tribal chairpersons, presidents, and governors. The Tribal presence in Arizona is
significant, with more than 28% of Arizona’s land base governed by Arizona’s 22 federally
recognized Tribes.
National Indian Child Welfare Association: NICWA focuses on safeguarding Native children and families through advocacy, policy advancement, Tribal capacity building, and culturally grounded services. The full organization description and resources are available at www.nicwa.org.
Native American Rights Fund (NARF) is the oldest and largest non-profit law firm dedicated to defending and asserting the rights, resources, and lifeways of Native American tribes, organizations, and individuals nationwide.
National Association of Tribal Historic Preservation Officers (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.
