August 27, 2026.
WASHINGTON — The National Congress of American Indians is leading a broad Tribal Nations response to proposed changes to the federal rules governing historic preservation, warning that the revisions could weaken government-to-government consultation and make it harder for Tribal Nations to protect sacred places, cultural landscapes and other important sites.
On August 18, NCAI joined the Association on American Indian Affairs, the National Association of Tribal Historic Preservation Officers and the United South and Eastern Tribes Sovereignty Protection Fund in issuing a joint statement opposing proposed revisions to Section 106 of the National Historic Preservation Act.
Section 106 establishes a federal review process for projects that could affect historic properties. For Tribal Nations, the process can provide an opportunity to identify and address potential impacts to sacred places, ancestral lands, burial places, traditional cultural properties and cultural landscapes before a federally approved project moves forward.
NCAI says proposed changes threaten tribal consultation
The organizations' statement follows a July 24 vote by the Advisory Council on Historic Preservation to advance proposed revisions to the Section 106 regulations. The vote was 15-5, with two abstentions.
NCAI and its partners argue that the proposed rules would give federal agencies substantially greater discretion over whether and how they consult with Tribal Nations.
Among the concerns identified by NCAI is a proposed narrowing of when the Section 106 process would apply and what qualifies as a historic property. The organizations say the changes could reduce protections for culturally significant places that do not fit a narrower definition of a physical historic property.
The groups also object to changes they say could diminish recognition of the federal government's trust and treaty obligations and the government-to-government relationship between the United States and Tribal Nations.
Sovereignty at the center of the dispute
For NCAI, the issue goes beyond historic preservation.
The organization says consultation with Tribal Nations should not be treated as the same as ordinary public participation because Tribal Nations are sovereign governments with a distinct legal and political relationship with the United States.
NCAI and its partners argue that federal agencies retain responsibility for meeting their obligations to Tribal Nations even when private developers, contractors or other parties are involved in a federally approved project.
The organizations also dispute the argument that consultation necessarily creates unnecessary delays.
NCAI says early consultation can actually help projects by identifying cultural concerns before major resources are committed, allowing developers and agencies to avoid sensitive locations and potentially reducing later disputes and litigation.
NCAI calls for Tribal Nations to participate
The proposed revisions have not yet become final regulations.
According to NCAI, the proposed rules are currently undergoing executive-branch review before being published as a proposed rule in the Federal Register. A formal public comment period will follow publication.
NCAI and the other organizations say they intend to mobilize Tribal Nations and their allies to participate once the formal comment period begins.
NCAI has already held a webinar specifically addressing the proposed Section 106 changes. Its August 19 program, “Section 106 Update: Navigating the Proposed Rules in Indian Country,” focused on the potential effects of the revisions and how Tribal Nations can prepare for the next stage of the federal process.
A broader national policy fight.
The Section 106 dispute is part of a broader debate over federal permitting and historic-preservation requirements.
The federal government administration has been pursuing changes intended to accelerate federal reviews, particularly for energy and infrastructure projects. Interior Secretary Doug Burgum recently issued an order directing agencies to speed up historic-preservation reviews and consider activities that could be exempted from review. Critics argue that broader changes to Section 106 could reduce opportunities for Tribal Nations and others to participate in federal decisions affecting culturally significant places.
NCAI's position is that improving the efficiency of federal permitting should not come at the expense of tribal sovereignty or protections for cultural heritage.
“The future of the Section 106 process,” the organizations said, should be based on mutual respect, accountability and genuine partnership rather than reduced protections.
NCAI's broader role.
Founded in 1944, the National Congress of American Indians is the country's oldest and largest national organization representing Tribal governments and communities. Its work includes advocacy on federal appropriations, economic development, environmental issues, land and natural resources, public safety, education, cultural resources and tribal sovereignty.
The organization has several other major initiatives underway this year. NCAI is preparing for its 83rd Annual Convention & Marketplace, scheduled for October 18-22, and has announced Tribal Impact Days for September 15-17.
For now, however, Section 106 has emerged as one of NCAI's most immediate policy priorities. The organization and its partners are urging Tribal Nations to remain engaged as the federal rule-making process moves toward formal publication and public comment.
The outcome could affect how Tribal Nations participate in federal decisions involving culturally significant places across the country—and how the federal government carries out its government-to-government responsibilities to sovereign Tribal Nations.
Source: National Congress of American Indians; Advisory Council on Historic Preservation; related reporting from Indian Country Today and E&E News.
