Governor Katie Hobbs (D-AZ) and the leaders of various Tribal authorities in Arizona banded together to voice opposition to proposed reforms to Section 106 of the National Historic Preservation Act (NHPA) that would weaken protections for culturally significant areas.
The Context
Section 106 of the NHPA requires the federal government to consult with appropriate authorities, including Tribes, before carrying forward with a project on historic property.
In late July, the Advisory Council on Historic Preservation (ACHP) voted to limit the definition of "historic" resources, minimize stakeholder and public participation, and limit the criteria for federal review only to areas physically or directly affected by a project.
Hobbs and Tribal Leaders Speak Out
Gov. Hobbs said in her press release that "we should work to protect our treasured landmarks and cultural heritage for future generations. The federal government's proposed revisions to Section 106 of the National Historic Preservation Act would needlessly harm Arizona's ancestral sites and historic preservation."
Similarly, Navajo Nation President Buu Nygren stated, "Our sacred mountains, waters and ancestral places are inseparable from who we are as Diné people. Once damaged or destroyed, they cannot simply be replaced. Faster project reviews should come from early coordination and adequate resources, not from shutting Tribal Nations out of decisions. I stand with Governor Hobbs and fellow Tribal leaders in calling on the Council to withdraw this proposal and work with us on improvements that protect our sacred places and respect Tribal sovereignty."
"The Tohono O'odham Nation strongly opposes the proposed revisions to 36 CFR Part 800," said Tohono O'odham Nation Chairman Verlon Jose, adding, "Weakening protections for sacred places and silencing Tribal voices threatens our heritage and undermines respect for Tribal sovereignty. Our ancestral lands are irreplaceable. We call on the Advisory Council on Historic Preservation to withdraw this proposal."
Kaibab Band of Paiute Indians Chairman Roland Maldonado stated, "This major rewriting of the rules to significantly reduce the direct involvement of both state and tribal entities from the review process is an abhorrent escalation of minimization of treaty and trust responsibilities mandated by numerous court rulings."
"Tribal entities have a continual battle to maintain a clear voice in aggressive attempted exclusionary and diminutive efforts in our ability to both voice our views and also to help fulfill our stewardship responsibilities," Maldonado continued, adding, "It is the concerted and expressed view of the Kaibab Band of Paiute Indians that this rewriting of the section 106 rules not be adopted nor be allowed to become the policy and protocol to be followed."
