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Governor Katie Hobbs and Arizona Tribal Leaders Oppose Federal Government's Rollback of Cultural and Historic Preservation Protections

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Federal proposal weakens protections for religious, cultural, and historic landmarks and bypasses the federal government's obligation to consult with states and Tribes


Phoenix, AZ – On Indigenous Peoples' Day, Governor Katie Hobbs and Arizona Tribal leaders responded to a federal proposal that would significantly weaken protections for treasured landmarks, sacred places, and ancestral sites. In a joint letter to President Trump's Advisory Council on Historic Preservation (ACHP), the Governor and Tribal leaders called on the ACHP to withdraw the proposal and conduct meaningful consultation with states and Tribal Nations.

"We should work to protect our treasured landmarks and cultural heritage for future generations," said Governor Katie Hobbs. "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."

For the last 60 years, Section 106 of the National Historic Preservation Act (NHPA) has required federal agencies to take into account the effects of their actions on cultural and historic places before they fund, permit, or build a project. This process encouraged public participation and comment, and gave states and Tribal governments input on decisions that affect them.

In July, the ACHP advanced a near-complete rewrite of the rules implementing Section 106 that would remove state and Tribal voices and limit the criteria for federal review only to areas physically or directly affected by a project. As a result, Tribal concerns regarding visual and atmospheric effects on cultural landscapes and sacred sites would no longer be taken into account.

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"These changes are unprecedented and unnecessary," said Chairman Duane Clarke, Hualapai Tribe. "They would result in the destruction of cultural sites and properties and have the potential to fast-track projects that will destroy our resources and lands forever."

"Protecting sacred places and respecting Tribal sovereignty are not barriers to progress," said President Sandra Pattea, Fort McDowell Yavapai Nation. "Meaningful consultation helps us make better decisions while preserving the places and history that cannot be replaced."

"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," said Chairman Roland Maldonado, Kaibab Band of Paiute Indians. "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. 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."

"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," said Navajo Nation President Buu Nygren. "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."

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"The Tohono O'odham Nation strongly opposes the proposed revisions to 36 CFR Part 800," said Chairman Verlon Jose, Tohono O'odham Nation. "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."

The ACHP proposal is currently under review at the federal Office of Information and Regulatory Affairs.

Arizona's joint state-Tribal letter to the ACHP is signed by the following elected officials:
  • Governor Katie Hobbs
  • Chairman Gabriel Lopez, Ak-Chin Indian Community
  • President Sandra Pattea, Fort McDowell Yavapai Nation
  • President Jonathan Koteen, Fort Yuma Quechan Tribe
  • Governor Stephen Roe Lewis, Gila River Indian Community
  • Chairman Lamar Keevama, Hopi Tribe
  • Chairman Duane Clarke, Hualapai Tribe
  • Chairman Roland Maldonado, Kaibab Band of Paiute Indians
  • President Buu Nygren, Navajo Nation
  • Chairman Julian Hernandez, Pascua Yaqui Tribe
  • President Martin Harvier, Salt River Pima-Maricopa Indian Community
  • Chairman Terry Rambler, San Carlos Apache Tribe
  • Chairman Verlon Jose, Tohono O'odham Nation
  • Chairman Calvin Johnson, Tonto Apache Tribe
  • Chairman Orlando Carroll, White Mountain Apache Tribe
  • Chairman Buddy Rocha, Jr., Yavapai-Apache Nation
  • President Robert Ogo, Yavapai Prescott Indian Tribe

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