Hickenlooper, ENR Members Statement Urging Advisory Council on Historic Preservation to Preserve Tribal Consultation

WASHINGTON - Today, U.S. Senator John Hickenlooper and eight of his Senate Committee on Energy and Natural Resources Democratic colleagues released a statement urging the Advisory Council on Historic Preservation to oppose a draft rule to the National Historic Preservation Act, which removed tribal consultation from the consultation process. The proposed changes would undermine protections for historic, cultural, and religious sites, eliminating the role of Tribal communities in decisions regarding places of deep cultural and spiritual significance.

"These draft regulations by the Advisory Council on Historic Preservation are unacceptable - eliminating Tribal consultation as we know it. This proposal disrespects the expertise that states and Tribes have in protecting our national history and culture, and it erases the requirement for the federal government to meaningfully consult with Tribal governments before they take actions that would negatively impact sacred, historic, and cultural sites for Tribal communities.

"Let's be clear: there is a difference between making the consultation process work better and cutting Tribes out of the process. We support efforts to modernize and improve the Section 106 review process, but that cannot come at the expense of meaningful Tribal consultation or the expertise of the people who have protected these places for generations.

"We urge the Advisory Council on Historic Preservation to go back to the drawing board and work directly with Tribes and states on a new proposal that actually improves the consultation process without undermining the rights and voices of those most directly affected."

This week, the Advisory Council on Historic Preservation - the federal agency that oversees historic preservation reviews - is considering a draft rule that would make sweeping changes to the Section 106 consultation process under the National Historic Preservation Act, allowing government agencies and developers to move forward without consultation with Tribes and states.

Last October, during a U.S. Senate Energy and Natural Resources Committee hearing on the National Historic Preservation Act, a number of Senate Democrats on the Committee emphasized the need to ensure that Tribes and local communities have a meaningful voice in the federal permitting approval process.

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