National Historic Preservation Council, whose membership is now dominated by appointees of President Turmp, is likely to vote this week to advance draft recommendations that would gut the Sen. Scoop Jackson law that protects historic properties and sacred tribal lands; Cantwell & colleagues: “This proposal disrespects the expertise that states and tribes have in protecting our national history and culture”
WASHINGTON, D.C. – This week, the Advisory Council on Historic Preservation — the independent federal agency that oversees historic preservation reviews for new infrastructure projects — 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 on projects without consulting 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 Maria Cantwell (D-WA), a senior member of the Senate Committee on Energy and Natural Resources and the Senate Committee on Indian Affairs, joined U.S. Senators Martin Heinrich (D-NM), Ron Wyden (D-OR), Mazie Hirono (D-HI), Angus King (I-ME), Catherine Cortez Masto (D-NV), John Hickenlooper (D-CO), Alex Padilla (D-CA), and Ruben Gallego (D-AZ) in releasing 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.”
In Washington state, Section 106 of the National Historic Preservation Act has been used to ensure that states and Tribes have been able to engage on the historic preservation process for a broad swath of important infrastructure projects, including the construction of the Alaskan Way Viaduct in downtown Seattle, US 12 and SR 240 improvements in the Tri-Cities, US 395 North Spokane Corridor, improvements to Olympic and Mount Rainier National Parks, the ongoing replacement of the I-5 Bridge across the Columbia River, and the Fort Vancouver National Historic Site, among others. Successful historic preservation has helped keep costs down and avoid delays in project completion.
The National Historic Preservation Act, enacted in 1966 and originally introduced in Congress by Washington Senator Scoop Jackson, established a comprehensive federal framework for identifying and protection historic places in the United States and created the National Register of Historic Places.