For six decades, Section 106 of the National Historic Preservation Act (NHPA) has served as a critical procedural safeguard, ensuring that Tribal Nations maintain a voice in federal decision-making. Historically, this statutory framework has required federal agencies to address the effects of their actions on historic places, fostering collaborative solutions that enhance project outcomes.

However, the Advisory Council on Historic Preservation (ACHP) and the U.S. Congress are considering advancing sweeping revisions to Section 106 regulations. These proposed changes weaken statutory protections, replace collaborative consultation with closed agency decision-making, and threaten ancestral homelands. While framed as an efficiency measure to accelerate FAST-41 infrastructure and critical minerals permitting, this overreach violates the NHPA’s statutory intent. By stripping away established procedural certainty, the proposed changes will inevitably trigger widespread litigation, delaying the very projects it seeks to expedite.

On October 19, 12:30 p.m. PT, during the NCAI 83rd Annual Convention & Marketplace, NCAI will hold a press conference. Stream the press conference here.

Below, rewatch NCAI's webinar, access documents summarizing the ACHP changes, and find resources to guide your advocacy efforts.

Joint Statement on Protecting Section 106 Process of NHPA