Tribe calls for removal of provisions that would weaken Tribal consultation and put ancestral homelands, sacred sites, and cultural resources at risk.

Tlingit & Haida is urging the U.S. Senate to protect Tribal sovereignty and historic preservation laws as lawmakers prepare for a procedural vote on federal permitting legislation scheduled for Monday, November 16.

The legislation, known as the Bipartisan American Affordability and Jobs Act (BAAJA), S. 5653, is intended to speed up federal permitting and approval processes for development projects. While Tlingit & Haida supports responsible development and efforts to improve government efficiency, the Tribe is concerned that some of the proposed changes would come at a significant cost to Tribes, ancestral homelands, and the cultural and natural resources Alaska Native people have protected for generations.

At the center of the Tribe’s concerns are proposed changes to Section 106 of the National Historic Preservation Ac (NHPA)t, a federal law that requires agencies to consider how projects may affect historic and culturally significant places and to consult with Tribal Nations before making decisions.

Why Section 106 Matters

For Tribal Nations, Section 106 of the NHPA is more than a federal review requirement. It is an important way for Tribes to have a voice in decisions that could affect their ancestral homelands, sacred sites, burial grounds, and places that hold deep cultural and spiritual significance.

When the federal government considers approving a road, mine, energy project, or other development that could affect these places, Section 106 provides a process for Tribal Nations to share their knowledge, identify potential impacts, and work with federal agencies to avoid or reduce harm.

This is especially important in Southeast Alaska, where Tlingit and Haida people have lived for thousands of years and maintain deep connections to lands and waters that are now managed by federal, state, municipal, corporate, and private landowners.

Unlike many Tribal Nations n other parts of the country, most Alaska Tribes do not have reservations. This means that important cultural and sacred places often exist on lands outside of Tribal ownership or control.

Section 106 helps ensure Tribes have an opportunity to participate in federal decisions affecting those places, regardless of who owns the land.

What Could Change Under the Proposed Legislation

Tlingit & Haida is concerned that the proposed legislation would  weaken these protections in several ways.

• The changes could reduce the number of projects required to undergo historic preservation review, narrow the types of cultural places considered during that review, and give Tribal Nations less time to identify concerns and provide meaningful input.

For example, a proposed project could affect an area traditionally used for gathering food, practicing cultural traditions, or accessing sacred places. Even if there are no buildings or archaeological sites within the immediate project area, the surrounding landscape may hold generations of cultural knowledge and significance.

Under the proposed changes, some of these broader cultural connections would receive less consideration during the federal review process, leaving tribal consultation up to agency discretion

Shorter consultation timelines could also make it more difficult for Tribal governments to review complex projects, consult with Elders and cultural knowledge holders, and gather the information needed to explain potential impacts.

The legislation could also limit legal options available when federal agencies fail to meet their historic preservation responsibilities.

These changes raise a fundamental concern: Tribes could have fewer opportunities to identify and protect culturally significant places before development decisions are made.

Once a sacred site is disturbed, a burial ground is damaged, or a culturally important landscape is permanently altered, that loss cannot  be repaired.

“Tribal Nations are sovereign governments, and meaningful consultation is a fundamental trust  responsibility of the federal government,” said Tlingit & Haida President Chalyee Éesh Richard Peterson. “Our traditional lands, sacred places, and cultural resources cannot be adequately protected when Tribesare excluded from decisions that directly affect them. We support responsible development and efficient permitting, but those goals must never come at the expense of our sovereignty, cultural heritage, or the lands and waters that sustain our people.”

Concerns Extend Beyond Historic Preservation

The proposed legislation also includes changes to other major federal environmental laws, including the National Environmental Policy Act, Endangered Species Act, Clean Water Act, and Federal Power Act.

These laws help guide how federal agencies evaluate development projects and consider potential impacts to fish, wildlife, water quality, and the environment.

For Southeast Alaska Tribe’s, these protections are closely connected to everyday life.

Healthy salmon runs, clean waterways, productive fisheries, and access to traditional foods are essential to Tribal Citizens’ cultural practices, food security, and ways of life.

Changes that reduce environmental review or limit opportunities for public and Tribal participation could make it more difficult to identify and address impacts before projects move forward.

Tlingit & Haida believes economic development and environmental protection can work together. However, making federal permitting faster should not mean reducing the responsibility to protect the people, places, and resources that could be affected.

Tribal Leaders Call for Removal of Harmful Provisions

Tlingit & Haida has formally opposed the legislation in its current form.

In an October 31 letter to Alaska’s congressional delegation, the Tribe requested the removal of Division B, Title III, which contains the proposed changes to Section 106 of the National Historic Preservation Act.

The Tribe has also joined other Southeast Alaska Tribal leaders through the Alliance of Sovereign Tribes of Southeast Alaska (ASTSA), which submitted a November 9 letter to congressional leadership calling for the removal of Division B, Title III in its entirety.

The request is straightforward: Congress should not weaken longstanding historic preservation protections or the federal government’s responsibility to meaningfully consult with Tribal Nations in the name of faster permitting.

Senate Vote Scheduled for November 16

The U.S. Senate is scheduled to hold a procedural vote on substitute amendment No. 6883, associated with BAAJA, S. 5653, on Monday, November 16, at approximately 1:30 p.m. Alaska Time (5:30 p.m. Eastern Time).

This is not a final vote on whether the legislation becomes law. Instead, the vote will help determine whether the Senate moves forward with consideration of the amendment.

Tlingit & Haida is urging Tribal Citizens and community members to make their voices heard before the vote.

How to Take Action

Tribal Citizens and community members can contact their U.S. senators and urge them to oppose advancing BAAJA, S. 5653, in its current form and support removing Division B, Title III.

When contacting senators, individuals are encouraged to emphasize the importance of protecting Tribal sovereignty, preserving meaningful government-to-government consultation, and ensuring that sacred sites, ancestral homelands, and cultural resources are not placed at greater risk.

To contact your senators:

• Call the U.S. Capitol Switchboard: 202.224.3121
• Find your senators online: www.senate.gov/senators/senators-contact.htm