Advisory Council on Historic Preservation Proposes Weakening Protections for Parks, History, Tribal Resources

WASHINGTON — Late Friday evening, the Advisory Council on Historic Preservation, a federal agency tasked with advising the president and Congress on national historic preservation policy, proposed gutting key regulations that protect national parks, historic sites, and Tribal resources from harm.

The Advisory Council voted to propose rewriting Section 106 of the National Historic Preservation Act to weaken protections for public lands, weaken Tribal consultation requirements, and limit public input on development projects that impact America’s heritage. This can include projects that impact national parks, historic sites, priceless architectural features, and resources of utmost importance to Tribal Nations.

Once entered into the Federal Register, this decision will trigger a public comment period before a final vote on whether to adopt these changes.

The National Historic Preservation Act is a landmark law passed in 1966 that establishes a procedural framework to protect our country’s historical and cultural places. Section 106 mandates that development projects that the federal government carries out, funds, permits, licenses or approves, must consider historic preservation and impacts to historic resources.

Section 106 review helps developers and federal agencies study and mitigate their impacts on national parks, critical historic sites, and Tribal lands. It also requires that federal agencies and developers consult state and Tribal historic preservation offices on development that impacts Tribal resources.

In addition to proposing limiting opportunities for the public to speak out against development under Section 106 and limiting Tribal consultation, the Advisory Council also proposed deleting important language on Tribal consultation and recognition of government-to-government relationships with Tribal Nations. They proposed excluding larger natural features like mountains, valleys, bodies of water, or landscapes from federal review, and removing requirements for developers to avoid, minimize, or mitigate adverse effects of development on historic resources.

Michaela Pavlat (Sault Ste. Marie Tribe of Chippewa Indians), National Parks Conservation Association Indigenous Partnerships Program Manager, said:

“The National Parks Conservation Association wholeheartedly objects to this calculated, yet unwarranted attack on tribal consultation, historic preservation and the regulations that have protected the places that tell our country’s diverse stories. Proposing to limit tribal consultation is insulting to Tribal sovereignty and the federal trust responsibilities.

“This proposal aims to give federal agencies and developers the power to decide whether public input is ‘useful’. There is nothing useful from cutting the public out of our public lands.”

Alan Spears, National Parks Conservation Association Senior Director for Cultural Resources, said:

“Section 106 has been a bedrock of conservation policy since the 1960s, ensuring that the people have a voice in determining the preservation of their history and culture. Section 106 has helped communities protect and preserve culturally significant landscapes such as the Badger-Two Medicine region in Glacier National Park and historic sites like the African Burial Ground National Monument.

“Historic and cultural preservation has always been at the heart of America’s national parks and always will be. The National Parks Conservation Association stands firmly against this latest attempt by the administration to weaken common-sense safeguards for our public lands and undermine efforts to protect America’s history.”

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About the National Parks Conservation Association: Since 1919, the nonpartisan National Parks Conservation Association (NPCA) has been the leading voice in safeguarding our national parks. NPCA and its more than 1.9 million members and supporters work together to protect and preserve our nation’s most iconic and inspirational places for future generations. For more information, visit www.npca.org.