NCAI Calls on Congress to Withdraw Historic Preservation Provisions in Permitting Reform Bill

CALL TO ACTION

The National Congress of American Indians (NCAI) is calling on Tribal Nations, Native citizens and allies to urge Congress to withdraw historic preservation provisions from a federal permitting reform bill, warning that the proposed changes could undermine Tribal sovereignty and protections for sacred places.

Under the theme “Sacred Then. Sacred Now. Sacred Tomorrow,” NCAI is asking congressional lawmakers to remove Division B, Title III, of the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA, S. 5653).

The legislation includes provisions that would amend the National Historic Preservation Act, particularly Section 106, which requires federal agencies to consider the effects of federally funded or permitted projects on historic properties and provides a process for consultation with Tribal Nations.

NCAI says the proposed changes could significantly weaken the ability of Tribal Nations to participate in federal decisions affecting places of religious and cultural importance.

“Tribal Nations should never have to choose between infrastructure development and protecting our cultural heritage,” the organization said in its call to action.

Section 106 consultation is particularly important to Tribal Nations because historic and cultural properties are not limited to archaeological sites or buildings listed on the National Register of Historic Places. They can include sacred places, burial grounds, traditional cultural properties and entire cultural landscapes, including locations outside present-day reservation boundaries.

NCAI argues that protecting these places is inseparable from protecting Tribal sovereignty, cultural identity and the responsibilities Tribes carry to future generations.

What NCAI Says Is at Stake

According to NCAI, Title III of BAAJA would make several changes that could diminish Tribal participation in the historic preservation process.

Among the organization’s concerns:

Reduced Tribal consultation. The proposed legislation would make consultation discretionary at important stages of identifying historic properties and narrow the projects, locations and potential effects subject to review.

Expanded federal decision-making authority. Federal agencies would have greater control over identifying historic properties, determining whether projects cause harm and deciding when other considerations outweigh historic preservation concerns.

Shorter consultation deadlines and potential penalties. NCAI warns that agencies could move forward after 30 days without Tribal input. The legislation also includes provisions for funding suspensions and federal assumption of Tribal historic preservation programs.

Limits on judicial remedies. The proposed changes would restrict judicial review and courts’ ability to halt projects, potentially allowing damage to sacred and culturally significant places to occur while legal challenges are being considered.

NCAI says these changes would diminish the government-to-government relationship between the United States and Tribal Nations by reducing opportunities for meaningful consultation before decisions affecting Tribal cultural resources are made.

Tribal Sovereignty and Cultural Preservation

The National Historic Preservation Act of 1966 established a framework for protecting historic properties and created a process for federal agencies to consider the effects of their actions on those properties.

Section 106 is an important part of that framework. It provides an opportunity for Tribal Nations and other consulting parties to participate when federal undertakings could affect historic properties.

For Native Nations, the process can be especially significant when proposed energy, transportation, infrastructure or other development projects intersect with ancestral homelands and culturally important places.

NCAI maintains that Tribal Nations must have a meaningful role in decisions involving their cultural heritage. The organization argues that changes to Section 106 should not be made without securing the consent of Indian Country and respecting the government-to-government relationship.

The legislation is part of a broader effort to revise federal permitting and environmental review processes to expedite infrastructure and energy-related projects.

NCAI Urges Indian Country to Take Action

NCAI is asking Tribal governments, Native citizens and supporters to contact their members of Congress and call for the withdrawal of Division B, Title III, of BAAJA.

The organization is encouraging Tribal Nations to make their concerns known to congressional delegations and emphasize the importance of protecting Section 106 and preserving Tribal authority over decisions affecting sacred and culturally significant places.

NCAI also is urging lawmakers to recognize that infrastructure development and cultural preservation should not be treated as competing priorities.

The organization’s message is that meaningful consultation and respect for Tribal sovereignty must remain central to federal decision-making.

As Congress considers permitting reform, NCAI is asking lawmakers to ensure that the protection of sacred places and the rights of Tribal Nations are not diminished in the process.

Take action now

1. Contact your Senators and Representatives.
Ask them to withdraw Division B, Title III from S. 5653 and oppose advancing the bill with these provisions intact. The National Association of Tribal Historic Preservation Officers (NATHPO) urges outreach before November 9.

Use this message when calling or writing:

“Please withdraw Division B, Title III of S. 5653, the Bipartisan American Affordability and Jobs Act. Congress must preserve meaningful government-to-government consultation, protect Tribal sacred places and cultural resources, and retain effective remedies when federal agencies violate the law. Any changes to Section 106 must be developed through meaningful consultation with Tribal Nations.”

You can find contact information for your corresponding Members of Congress using your state & zip code here: Senate and House of Representatives.

2. Equip your Tribal Nation and community.
Use the Coalition for Tribal Sovereignty’s Section 106 Toolkit for FAQs, talking points, and advocacy guidance. Visit NATHPO’s advocacy resource page for a draft Tribal resolution opposing Title III and additional briefings.

3. Share Indian Country’s resources.

Visit ncai.org/section106 to access:

• NCAI Resolutions PSC-26-016 and PSC-26-075.
• The Joint Tribal Organization Letter calling on Congress to withdraw Title III.
• BAAJA’s Empty Promises to Tribal Nations: Claim vs. Fact.
• Section 106 advocacy materials and the NCAI Section 106 press conference recording.

ACCESS RESOURCES AND TAKE ACTION

Join NCAI’s Sacred Then. Sacred Today. Sacred Tomorrow. Campaign to Protect Section 106.

Protecting sacred places protects our cultural identity, our sovereignty, and our responsibility to future generations.  Help #DefendTheSacred. Join NCAI in the fight to Protect Section 106 by donating to the Sacred Tomorrow Fund, so what was Sacred Then remains Sacred Today and stays Sacred Tomorrow.