Heinrich, ENR Members Release Statement Urging Advisory Council on Historic Preservation to Reject Rule Gutting Tribal Consultation

WASHINGTON - 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. The proposed changes would undermine critical protections for historic, cultural, and religious sites and eliminate the role of Tribal communities in decisions that directly affect places of deep cultural and spiritual significance.

In response to the news, U.S. Senator Martin Heinrich (D-N.M.), Ranking Member of the U.S. Senate Energy and Natural Resources Committee, U.S. Senator Ron Wyden (D-Ore), U.S. Senator Maria Cantwell (D-Wash.), U.S. Senator Mazie Hirono (D-Hawai'i), U.S. Senator Angus King (I-Maine), U.S. Senator Catherine Cortez Masto (D-Nev.), U.S. Senator John Hickenlooper (D-Colo.), U.S. Senator Alex Padilla (D-Calif.), and U.S. Senator Ruben Gallego (D-Ariz.), released the following statement:

"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."

Last October, during a U.S. Senate Energy and Natural Resources Committee hearing on the National Historic Preservation Act, 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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