Tribes warn proposed changes threaten sacred ancestral lands
Tribes fear proposed federal changes to historic preservation law could endanger ancestral lands and sacred sites.
(Photo via NPR)
Tribal nations are voicing opposition to proposed regulatory changes to the National Historic Preservation Act, arguing that the updates could endanger historic sites and ancestral lands across the United States. The proposal, which aims to streamline federal development and energy permitting, has drawn sharp criticism from tribal leaders who fear the loss of protections for areas they consider culturally significant.
The Advisory Council on Historic Preservation voted in late July 2026 to advance revisions to Section 106 of the act. Under the proposed changes, federal agencies would have the option to make tribal consultation discretionary regarding development projects. Additionally, the definition of historic property would be narrowed to exclude natural landscape features such as rivers, mountains, and valleys that are often viewed as sacred by Indigenous peoples.
Oklahoma tribes have specifically identified ancestral lands in Ohio as being at risk under these new rules. The proposal would shift the consultation process to rely primarily on reports drafted by federal agencies, limiting the role of tribes and state offices to providing comments rather than participating throughout the review process.
Ira Matt, executive director for the National Association of Tribal Historic Preservation Officers, described the proposed regulations as an affront to tribal sovereignty. He stated that any effort to diminish the tribal voice or disregard sacred places represents a violation of federal trust and treaty responsibilities. Jackie Ostfeld, director of the Sierra Club’s Outdoors for All Campaign, added that the changes could shut tribal nations and local communities out of decisions regarding places with deep cultural and historic meaning.
The National Historic Preservation Act, originally passed in 1966, established a framework for protecting the nation's heritage and provided a formal role for tribes in reviewing federal projects. The current administration has stated the revisions are intended to streamline permitting for infrastructure and energy projects.