Congressional Republicans Lay Ground for Attack on Tribal Consultation

Tomorrow, the U.S. Senate Committee on Energy and Natural Resources will hold a full committee hearing to “Examine the Section 106 Consultation Process Under the National Historic Preservation Act.” Section 106 is a consultation process under the NHPA that requires the federal government to consult with state, tribal, and local governments as well as impacted stakeholders on a proposed project’s impact on cultural heritage, historic sites, and other historic preservation issues. It is especially important for Tribes, as it is one of the few opportunities for Tribes to protect their cultural resources and sacred sites.

This comes amid ongoing conversations around ‘permitting reform,’ with various congressional proposals aiming to make major changes to landmark environmental and cultural preservation laws that would reduce public engagement in federal decision-making in favor of quick project approvals.

“Consulting with Tribes isn’t a ‘barrier’ to expediency; it’s a critical step in the federal decision-making process allowing project sponsors real insight into the concerns of impacted communities,” said Earthjustice Managing Attorney of the Tribal Partnerships Program Gussie Lord. “When done correctly, it allows federal agencies to avoid pitfalls that could result in litigation and project delays by ensuring that Tribes have a meaningful opportunity to engage in conversations related to cultural preservation. Weakening this critical tool will only result in increased litigation, delay, and risk of destruction of Tribal sacred sites and cultural resources. Early and comprehensive consultation efforts are critical to ensure all affected parties have the information they need to make informed decisions about federal projects and their potential effects.”